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The Case of Felani: Indian Border Security Force (BSF) casts away The International Declaration of Human Rights - let’s not cast away our conscience.



The UN in the preamble of its International Declaration of Human Rights has rightly said, ‘... disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind...’ and that has just what happened in a recent incident in the Bangladesh-India border. But this is not an isolated event rather the same heinous act has been taking place at the Indo-Bangladesh border for decades. Since January 2007, Odhikar (a Dhaka based NGO) has documented 315 cases of alleged killings of Bangladeshi nationals by the Border Security Force (BSF) India. The list can be found in the report “Trigger Happy” - Excessive Use of Force by Indian Troops at the Bangladesh Border by Human Rights Watch, December 2010 (Click This Link). Over 900 Bangladeshi nationals have been killed by the BSF over the last decade, no wonder a full database since independence would make the figure worse. Interestingly, BSF, the killer machine, not only killed Bangladeshi nationals they also killed their own nationals as well; since January 2007, MASUM (a Kolkata based NGO) has documented 61 cases of alleged killings of Indian nationals by the BSF in West Bengal. The list can be found in the report mentioned above. In the last such incident BSF heinously shot a Bangladeshi girl while she was trying to cross the border through Anantapur border in Kurigram using a ladder to overcome the barbed wire. It is reported that she was only 15 and she went to India for their livelihood along her father Nur Islam Nuru of Banarvita village under Rumkhana union. The girl was not dead immediately, in fact she died agonizingly after gruelling 4 hours of suffering and was hanging on the wire. The deceased was identified as Felani which literally means cast away. Indeed the BSF has casted away The International Declaration of Human Rights through the barbaric act. It would not be something irrelevant to examine how the BSF violated The International Declaration of Human Rights when they killed Felani. The violated articles are mentioned in full and then an explanation is given how it is violated. The declaration can be viewed in full at this link: Click This Link. Article 3: Everyone has the right to life, liberty and security of person. Violation: BSF has violated the article by all means. They on purpose killed the girl and there by denied to offer liberty and security to her and denied her the right to live. Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Violation: The poor girl was not dead immediately after the shot. She died agonizingly after 4 hours hanging on the barbed wire. It is reported that she shouted for water but none came forward to offer a drop. Thus BSF subjected the girl to torture and to cruel, inhuman and degrading treatment and punishment for no reason. Article 6: Everyone has the right to recognition everywhere as a person before the law. Violation: The girl was shot dead without any provocation (other than the fact that she was an illegal migrant) from her side when she was trying to cross the border. Thus BSF denied her, the right to recognition on Indian Territory as a person before the law. Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Violation: BSF also breached The International Declaration of Human Rights by shooting her dead and denying the entitlement without discrimination to equal protection of the law. Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Violation: BSF breached The International Declaration of Human Rights by shooting her dead and denying the entitlement in full equality to a fair and public hearing by an independent and impartial tribunal. Article 16 (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Violation: BSF by killing the victim has been denied the right to marry as she was preparing for. Article 22: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Violation: BSF has contravened The International Declaration of Human Rights by killing her and thus denying the entitlement to realization through international co-operation. Article 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Violation: BSF has violated The International Declaration of Human Rights by not honouring many of the rights and freedoms set forth in the declaration thus failed to ensure her entitlement to a social and international order. We see that out of 30 articles of The International Declaration of Human Rights BSF has breached and dishonoured not one but 8 articles in total. Even in situations where nations are in war they have to abide by the War and International Humanitarian Law which ensures that the 1. Persons hors de combat and those not taking part in hostilities shall be protected and treated humanely. It is forbidden to kill or injure them. 2. The wounded and sick must be collected and cared for by the party to the conflict which has them in its power. 3. Captured combatants are entitled to respect for their lives, dignity, personal rights and convictions. 4. No one shall be subjected to torture, corporal punishment or cruel or degrading treatment. 5. Parties to a conflict shall at all times distinguish between the civilian population and combatants. If for the sake of argument we consider that the two countries India and Bangladesh are in war, even then we see that the Indian Border Security Force (BSF) can’t kill Felani as per The War and International Humanitarian Law (see the overview of War and international humanitarian Law: Click This Link). And again we observe that the BSF has grossly violated all the laws. So the question comes what forced or motivated BSF to kill the girl so heinously. What crime the girl has been involved into that she has to be punished so inhumanely. Has she been involved into anti-humanitarian activity? Has she been involved in destabilizing the social balance and power? Has she been involved with terrorism? Has she been involved with plotting any other possible crimes? Then why has she been murdered by BSF in such inhuman way? The only thing we know that she was an illegal migrant who went to India along with her father for mere livelihood! We need to draw our attention to the fact that this is not the first time that such an event took place; rather this is one of the many such hatred acts that took place for the last couple of decades since the independence of Bangladesh. The country involved in this heinous man-slaughtering crime without any provocation is India. And it needs the proper attention that India wants to be a permanent member of the UN Security Council and it is campaigning vigorously. In this regard, we also note that despite repeated request from Bangladesh side not to kill civilians indiscriminately at the border and India’s following acceptance of the request; BSF is on its spree to kill happily. And India can’t avoid its responsibility of the acts of its border security force. This is a sheer display of disrespect for internationally accepted norms and practice and such a country which has failed to show responsibility at regional level can’t be entrusted to play at the global level with much more wider areas of responsibility. We once again repeat what the UN has said in the preamble of its International Declaration of Human Rights, ‘... disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind...’. Only disregard and contempt for human rights can result in barbarous acts like that of killing a 15 year old girl Felani for no reason. We must at any time condemn such heinous killing of civilians at the Bangladesh-India border by the Indian Border Security Force (BSF) and stand against its desire to become a permanent member of UN Security Council as India’s entry with such poor human rights records that goes against the UN will only undermine UN’s stand for humanity. End Note: The name of the victim is Felani, which literally means cast away in Bangla; but let’s not cast away our conscience.

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