From: Kirity Roy <kirityroy@gmail.com>
Date: 23 July 2013 21:21
Subject: 10 Bangladeshi women with their children crossed land border, BSF apprehended, police arrested, all were sent to prison by the court. Order of Home Ministry violated
To: NHRC <covdnhrc@nic.in>, ionhrc@nic.in
Cc: Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, "N MUKHERJEE DG & IGP, West Bengal Police." <dgpwestbengal@gmail.com>, OHCHR <urgent-action@ohchr.org>, "(UN) Prof. Manfred Nowak" <Sr-torture@ohchr.org>, Violence Against Women OHCHR <vaw@ohchr.org>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, jrlawnhrc <jrlawnhrc@nic.in>, supremecourt@nic.in, "Judicial Secretary Govt. of WB" <judsecy@wb.nic.in>, Home Ministry <hm@nic.in>
23 July 2013
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi
Respected Sir
I want to draw your attention on an incident of arrest, detention and subsequent judicial remand of Bangladeshi women and children. In this context, I want to bring into your notice regarding the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012. In this memorandum it has been clearly stated that "(IV) it is seen that in general, the foreign victims of human trafficking are found without valid passport or visa. If, after investigation, the woman or child is found to be a victim, she should not be prosecuted under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge in crime out of her own free will, the State Government / UT Administration may not file a charge sheet against the victim. If the charge sheet has already been filed under the Foreigners Act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned. Immediate action may be taken to furnish the details of such victims to the Ministry of External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned is repatriated to the country of her origin through diplomatic channels" and (v) During the interim period, pending repatriation, the victim may be taken care of in an appropriate children's home, or "Ujjawala" home or appropriate shelter home either of the State Government concerned or of any NGO aided by the Government of India / State Government.'
But in this referred case, the under mentioned women and their minor children while entered Indian territory without holding the valid documents were intercepted by the Border Security Force personnel and later handed over to Swarupagar police station; 24 Parganas (north). Then the trying magistrate sent them to the Dumdum Central Correctional Home in reference to Swarupnagar PS Case No. 423 of dated 28.06.2013 under sections 14(a) and 14 (c) of Foreigners Act. The persons having no distant connection and involvement with trafficking, rather they were entered in search of better pasture inside Indian territories. Their male counterparts, who reached Indian territories along with them, were also accused of the said case and few of them also being accused in Swarupnagar PS Case No. 426 dated 28.6.13 under 14 (f) of Foreigners Act and were sent to Basirhat Sub Divisional Correctional Home (prison).
Name and other detail of the persons:-
1. Ms. Puma @ Panna Khatun, aged about 35 years, wife of Mr. Ibrahim Sekh of village- Doni Mashidie, PS- Dishohi, District- Khulna, Bangladesh. The woman was with a child on her lap
2. Ms. Supriya Begum, aged about 40 yaers, wife of Mr. Imran Khan@ Ebrahim, village- Gazirhat, PS- Kulia, District- Satkheera, Bangladesh, The woman was with a child on her lap
3. Ms. Amina Khatun, aged about 18 years, daughter of Mr. Ibrahim Sekh, of village- Doni Mashidie, PS- Dishohi, District- Khulna, Bangladesh
4. Ms. Taslima Begum, aged about 46 years, wife of Mr. Raju Naskar of village- Amtala, PS Nawapara, District- Jessore, Bangladesh
5. Ms. Mukti Sekh, aged about 30 years, daughter of Mr. Mosta Sekh, village- Amtala, PS- Nawpara, District- Jessore, Bangladesh
6. Ms. Sultana Sekh, aged about 30 years, wife of Mr. pintu Sekh of village- Parali, PS- Kulia, District- Narail, Bangladesh
7. Ms. Musamat Mini, aged about 19 years, wife of Mr. Ali Sekh of village- Barasat, PS- Terokhadu, District- Khulna, Bangladesh
8. Ms. Mini Khatun, aged about 29 years, Mr. Khokon Molla of village- Madhay Parghan, PS- Kulia, District- Narail, Bangladesh. The woman was with two children on her lap
9. Ms. Lili Mola, aged about 26 years, wife of Mr. Ebrahim Molla of village – Lakhmipur, PS- Kulia, District- Narail. The woman was with a child on her lap
10. Ms. Hasina Sekh, aged about 35 years, wife of Mr. Rasikul Sekh of village- Munshibag, PS- Kulia, District – Narail
In this connection, I demand an early intervention from your Commission and release and relocation of the women with their children in accordance to the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012 and appropriate proceedings against the involved BSF, police personnel and lower judicial officer; who violated the guidelines.
Sincerely Yours
(Kirity Roy)
Secretary
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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