Thursday, 6 August 2015

A Petition to Human Rights Commission

Pl find attached herewith the copy of Petition filed before National Human Rights Commission dated 30.07.15. The order of Commission 04.08.2015. is available in the website of "NATIONAL HUMAN RIGHTS COMMISSION" as PRESS RELEASE.

Commission has issued Notices to the Secretaries of Union Home Ministry and External Affairs Ministry, Chief Secretaries of West Bengal and Assam and District Magistrates of Cooch Behar and Jalpaiguri, West Bengal requring them to enquire into a complant alleging that the Indians residing in the Indian Enclaves of Bangladesh are being denied basic amenities.

Most of the residents/Indians of the Bangladeshi Enclaves in India and Indian Enclaves in Bangladesh have not been counted in the Census conducted in the years 2011 and 2015.In the Indian Enclaves of Bangladesh women are being captured and sexually exploited. It is apprehending that this people who are not counted will not receive any compensation as per the land boundary agreement. All the concerned above mentioned Authorities have been given four weeks time to submit a detailed report in the matter.

The Complainant Organisation namely "Indian Enclaves People's Committee" and Kuchlibari Sangram Committee" in their Petition Dated 30.07.15 represented by their Lawyer Joydip Roy and Vishnu Jain both Advocates of Supreme Court of India, requested for an inquiry into the matter, carrying out new census to include the names of the excluded persons, compensation to the Indians who lost their land in terms of the Land Boundary Agreement and sending Security forces immediately for the rescue of the Indians in Indian Enclanves in Bangladesh and bring them back to India.
Copy of the Petition :


BEFORE THE HON’BLE NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI.

              COMPLAINT NO. 1221/25/6 OF 2015
1.          Indian Enclave Peoples Committee
Through Joint Secretary, Aswini Kumar 
Post Kuchlibari, District Kuchbihar, West Bengal 735304
2.          KuchlibariSangram Committee
Through Joint Secretary, Aswini Kumar 
Post Kuchlibari, District Kuchbihar, West Bengal 735304                                            …Petitioners
Versus
1.          Union of India through Secretary Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110001.
2.          Union of India through Secretary Ministry of External Affairs, South Block, New Delhi-110001
3.          Government of West Bengal through Chief Secretary,Secretariat Headquarter at“NABANNA” HRBC Building, 325, Sarat Chatterjee Road, Howrah – 711 102
4.          Government of Assam through Chief Secretary, Sachivalaya Block C, 3rd Floor, Dispur, Guwahati, 781006.
5.          District Magistrate, Cooch Behar, West Bengal
6.          District Magistrate, Jalpaiguri, West Bengal
……Respondents
COMPLAINT UNDER THE PROTECTION OF HUMAN RIGHTS ACT,1993
The petitioners herein above most respectfully beg to submit as under:-
1.  The petitioners herein is the Joint Secretary of the aforesaid Association working from past 40 years in the said area of Kuchlibari, Cooch Behar and other adjoining regions for protection of the basic human rights of the citizens and residents of the aforementioned region.The Indian Enclaves Peoples Committee is a registered organization. The Kuchlibari Sangram Committee is an unregistered organization. This representation/petition is on the behalf of Indian Enclaves People Committee and Kuchlibari Sangram Committee. The members of these societies are the affected persons in the land boundary agreement entered into between Indian and Bangladesh.

2.  The two countries i.e India and Bangladesh signed the Land Boundary agreement on 6.06.2015. The Land boundary agreement was given effect to by the bringing in the 100th Constitutional Amendment on 29.05.2015. A true copy of the Land Boundary Agreement along with a list of enclaves exchanged between both the countries is collectively marked and filed herewith as Annexure No.1.(Colly)


3.  That grievance of the petitioners is that in respect of the Bangladeshi enclaves within India as well as in the Indian Enclaves within Bangladesh, most of the residents/Indians of the said enclaves are not counted by the Census party of 2011 and due to which it is leading to various problems and difficult situations.

4.  There are around 30 thousand Indian people who are affected by the inaction on part of the Census party by not including them as the citizens of India. Their land has been captured by the Bangladeshi Mafia’s and petitioners apprehend they will not receive any compensation as per the Land Boundary Agreement since they are not registered in the Census of 2011 as India citizen. These persons are thus unaccounted and they will grossly suffer if the injustice is meted out to them is not cured by the Ministry of Home Affairs and the Ministry of External Affairs, Government of India, forthwith.

5.  A new process needs to be started by the respondents herein so that these approximately 30 thousand Indian persons can be accounted and their basic human rights i.e right to have an identity/citizenship is guaranteed by the Government of India. These Indian persons are living in Bangladeshi enclaves within India and also in the Indian enclaves in Bangladesh. Most of them have various identities which can show/proof that they are Indian citizens. Some of them have worked in Indian Schools and are getting pension from the Government of West Bengal. They are entitled to compensation as they have lost their lands. The area in which these persons are staying are as under:-
Under West Bengal, Mekhligunj (Sub-Division)Dist Coochbehar
i)            Chat Kuchlibari
ii)          Balapukuri
iii)        Panbari
iv)        Dhagalsati
v)          Jote Nijjamma
vi)        And few other places

Under Assam sector,
i)            in the District of Dhubri - Thakurani Bari- Kalabari (Boroibari) , and
ii)      in the District of Karimganj - Pallathal

6.  The inhabitants of the regions, staying in Bangladesh and surrounded by Bangladesh have been deprived of basic amenities and are living in squalid conditions. The Bangladeshi Mafias have captured the Hindu females of these inhabitants who wanted to come to India post Land Boundary Agreement. The Hindu girls are raped and not allowed to leave for India. They are kept under captivation.

7.  The Bangladeshi Mafias have threatened the Hindu Males to leave the enclave and go to India leaving their wifes, daughters, sisters etc which they say will them as their ‘keeps’.

8.  The Bangladeshi Mafias have burned houses of several Hindu families in the Rangpur district and continuous atrocities and violation of human rights are happening in the region without any intervention by the India Government. The Bangladeshi Mafias have captured the land of the Hindu’s and have mutated it in their names. The valuables of the Hindu’s are looted every day and continuous violence in happening across the border. The petitioners organization has given continuous representations but all have fallen on deaf ears. No action is being taken by the Government of Bangladesh, Government of India, State of West Bengal and State of Assam to stop the incidents of violence and atrocities happening on the Hindus in the region.

9.  The census party of India was not allowed to take the names of the Hindus staying in the said region. The census party which went in the month of July was threatened by the Bangladeshi Mafia’s. The persons staying in the enclaves who want to come to India, but because of the said inaction on part of the Census Party will not be deemed to be India citizens and will be treated as illegal migrants and detained and deported. They might not even be allowed to enter Indian Territory. The census party was not given any protection by the Bangladeshi Government and therefore the said illegality happened.


10.              The persons staying in the aforementioned region are facing day to day atrocities and are poor and needy class of the society. They cannot provide much of documents but can only cry and feel and succumb to the injustice melted to them.

11.              The time has come when the Central Government should send immediate security forces for the rescue of these inhabitants. If the same is not done expeditiously chances of violence, riots, bloodshed and atrocities of females are very high.  


12.              The apprehension of the petitioners is that their rights to take adequate steps under the Land Boundary Agreement will be curtailed if adequate precaution is not taken by the appropriate government.

13.              The petitioners have already submitted a detailed representation dated 03.06.2015 and 25.06.2015 to the Hon’ble Prime Minister of India and despite acknowledgement no response have been received by the applicants till date. A true copy of the representation dated 3.6.2015 and 25.06.2015 is marked enclosed herewith as Annexure No.2.


14.              The petitioners have also submitted a representation dated 22.7.2015 to the Chief Minister of West Bengal bringing to their knowledge the grievances enumerated herein. But no action has been taken till date. A true copy of the representation dated 22.7.2015 is marked and enclosed herewith as Annexure No.3.

15.              In view of the urgency the petitioners are approaching the Hon’ble National Human Rights Commission by way of the present petition and seek liberty to urge additional grounds and materials and rely upon additional documents if required before the Hon’ble National Human Rights Commission.

The petitioners submit that the impugned actions are a direct affront to the most basic Fundamental Rights of these unfortunate persons, as guaranteed under Articles 14, 19 and 21 of the Constitution.
 
16.              The petitioners also pray for oral audience to express their grievance so that this Commission may take appropriate action as per act which may include to maintain the status quo atleast so far as the members of the petitioner’s organization and affected people are concerned.
Prayer
In the light of facts and circumstances mentioned herein above the Hon’ble Commission may pass following order:-
a)  call for information or report from the Central Government and State Government i.e Respondents no.1 to 4 in the matter in issue;
b) Constitute an inquiry committee to inquire into the allegations made by the petitioners as provided under the Act;
c)  Recommend Respondent no.1 & 2 to send a new census party with appropriate protection so that they can account for/include the names of the Indians living in Bangladeshi enclaves and in India enclaves;
d) Recommend Respondent no.1 & 2 to immediately identify the lands of the Indians which have been captured by the Bangladeshi Mafias and the same be restored to its original name to the Indian citizens;
e)  Recommend Respondent no.1 & 2 to adequately compensate the Indians who have lost their lands in terms of the Land Boundary Agreement entered into between India and Bangladesh; 
f)   Recommend Respondent no.1 & 2 to compensate the members of the petitioners organization to an amount as this Hon’ble Commission deems fit;
g) Recommend Respondent no.1 & 2 (after proper consultation with the respondent no.3 to 6) to immediately send security forces so that the Indian residing in Bangladeshi enclaves can be rescued and brought to India;
h) Recommend Respondent no.1 & 2 to immediately send security forces so that the Bangladeshi Mafias staying in the region can be thrown out and dealt with appropriately;
i)    Pass all such directions/ orders as deemed   fit by this Hon’ble Commission to protect the basic Human Rights of the affected persons, including the Rights guaranteed within the broad ambit of Articles 14,19 and 21 of the Constitution;
j)   Make such other recommendations/orders as this Hon’ble Commission deems fit in the interest of justice;


New Delhi
Dated 30.07.2015                              Petitioners

{ASHWINI KUMAR ROY)
Joint Secretary
Indian Enclaves Peoples Committee
And
KuchlibariSangram Committee




 

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