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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