NEW DELHI:
To
The Chairman,
National Human Rights Commission,
Manav Adhikar Bhawan,,
Block-C, GPO Complex, INA,
New Delhi- 110023
Respected Sir,
I would like to bring your attention over an incident of illegal firing through pellet guns by BSF sentries upon a scheduled caste youth. The firing caused life-impairing injuries to the victim due to the pellet shoot-out on him while he was catching fish at ‘Harighat’ with his brother. This is only the one part of the fact; but another part is more shocking. The on-duty medical practitioner of the Block Primary Hospital repeatedly denying treatment of the victim ignoring “Code of Medical Ethics” on the ground that the family members of the victim did not produce GDE to him. This incident reflects a deep misunderstanding of laws and medical ethics in government hospitals and also in public perception. Our fact finding reports provides the details of the whole incident. More so, the firing by the perpetrator BSF staff proves that it was not done “for self defence”. All the pellets were received by the back of the victim.
In this regard, the victim lodged a written complaint before the Superintendent of Police, Murshidabad district seeking appropriate legal action against the perpetrator BSF personnel, but till date no action has been taken. The incident made him unable to engage in livelihood activities which resulted in extreme financial crisis for his family.
The incident was in total contravention of Article 21 of Indian Constitution; which guarantee life and liberty to all. The BSF personnel also violated the international obligations stated in article 7 of ICCPR and article 2,3,5,6 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979 and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The errant doctor has flouted the ‘Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’; adopted by UN General Assembly resolution 37/194 of 18 December 1982.
Hence I seek your urgent intervention in this matter with the following demands:-
· The whole matter must be investigated by one neutral investigating agency
· The perpetrator BSF personnel must immediately be booked under the appropriate penal provisions including the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 by treating the complaint of the victim before the Superintendent of Police, Murshidabad district as an First Information Report
· Security of victim family must be ensured and victim must be adequately compensated
· The delinquent medical practitioner must be punished for his intentional violation of West Bengal Medical Council – Medical Ethics – as per MCI Circular Letter No. MCI – 211 (2) / 2002 – Regn / 2373 dated 18.04.03. Attending Medical Officer - on – duty at Godhanpara BPHC clearly violated the Declaration of World Medical Association adopted in Tokyo, Japan at its 29th World Assembly, 1075
· The Commission must immediately direct the BSF to stop using pellet guns at Indo- Bangladesh border
Thanking you,
Yours sincerely,
(Kirity Roy)
Secretary, MASUM&
National Convener of PACTI
Particulars of the victim: Mr. Basanta Mondal (mobile no-9093909297), son of Mr. Dhiren Mondal, aged about 26 years, belongs to Scheduled Caste community, profession- agricultural labourer, lives at village- Lakhsminarayanpur, post office- Jinnatpara, block- Raninagar II, police station- Raninagar, district- Murshidabad, West Bengal, pin-742308, India.
Date and time of the incident: On 7.06.2016 at about 1 a.m.
Place of the incident: On the southern side of Kaharpara 4 no Outpost call ‘Harighat’ under Raninagar police station; Murshidabad, West Bengal
Particulars of the perpetrators: Mr. Joy Singh, attached with DIB- BSF and 6 other Border Security Force personnel posted at Kaharpara BSF 4 no. OP, of BSF Battalion -83 under Raninagar Police Station; Murshidabad, West Bengal
Fact finding details:
Mr. Basanta Mondal was poor agricultural labourer from Scheduled Caste community reside under jurisdiction of Raninagar Police Station. Though he is an agricultural labourer, but like many other of his community often catches fish at night from local ponds. He is married and has two minor children aged about 4 and 2 years respectively.
On 7.06.2016 at about 1 a.m. Mr. Basnato Mondal with his brother Mr. Sadhin Mondal went to ‘Harighat’, nearly 1 kilometer from his residence and on the southern side of Kaharpara 4 no Outpost under Raninagar PS for fishing. Approximately 6 BSF personnel in their official uniform and sticks, pellet guns in hand of Kaharpara 4 no Outpost, Battalion BSF-83 were patrolling at that time in the area. They saw few smugglers approached towards Bangladesh borders with bags. The BSF patrolling team immediately chased them in order to catch the smugglers. Smugglers became alert and started running in different directions to evade arrest. Subsequently, the smugglers were successful to hide themselves in darkness. Meanwhile, the BSF patrolling party reached near ‘Harighat’ and spotted two men were catching fish there. Soon they started flinging abusive languages on two men; the victim and his brother out of frustration and then the BSF personnel pointed pellet guns at the brothers. The BSF personnel started to fire on them from backside, place of occurrence - the edge of the ghat. While fired from short range, innumerable pellets pierced on victim’s hands, back side of the head and back. After being hit, Mr. Basanto put his hands on his head, as blood was oozing out from the wounds made by the pellets. He started shouting out of pain and waited for his brother’s help. His brother Mr. Sadhin Mondal ran to rescue him and carried him to their house.
At first, he was treated by local quack doctor. But, his health condition gradually became worse and his family members brought him to Godhanpara Block Primary Hospital for further treatment. But the on duty medical practitioner Dr. Mainul Islam did not admit the victim and told the family members that he could not admit the victim without GDE at police station as it was a police case. But the victim family forgot to visit the police station before going to the hospital with the patient. Meanwhile, the family members of the victim contacted us (Banglar Manabadhikar Suraksha Mancha (MASUM)) over phone and requested to recommend the victim to the said doctor for getting his admission to the hospital. I (Kirity) personally, called the doctor and urged him to treat the victim; Doctor denied. As it was against the “Code of Medical Ethics” as no patient can be turned down for any reasons from receiving medical attention, acknowledged by India and world community. But the doctor turned down my request and did not treat the victim in that health center run by West Bengal Government . Thereafter, without any other alternative, he was brought to Dr. Jaydeb Chaudhuri’s (attached with Godhanpara Block Primary Hospital) private chamber for treatment. After that, he was being treated by Dr. Chaudhuri and family has to bore the fees.
On 27.07.2016 the victim Mr. Basanto Mondal sent a written complaint through registered post to Superintendent of Police, Murshidabad district seeking action against the perpetrator BSF personnel. But there is no action based on his complaint and the perpetrator BSF personnel are roaming freely.
(The text above is as per recorded and written by well known human rights activist Kirity Roy. It has not been edited by The Citizen)