‘The new Bangladesh government could file cases with the ICC on border killings’, says Indian human rights activist

Bangladesh's interim government recently condemned the killing of 13-year-old Swarna Das by the Indian Border Security Force (BSF) a few days ago. 

Before tensions from that incident could subside, another 15-year-old boy, Jayanta Kumar Singh, was also shot and killed by BSF gunfire along the India-Bangladesh border on Monday.

According to the human rights organisation Ain O Salish Kendra (ASK), 31 Bangladeshis were killed by BSF along the border in 2023, with 28 being shot dead. In 2021 and 2022, the number of Bangladeshis killed by the BSF was 18 and 23, respectively. Between 2009 and 2020, at least 522 Bangladeshis lost their lives in such incidents.

Documentation by another rights organisation, Odhikar, reveals that at least 1,236 Bangladeshis were killed and 1,145 injured in shootings by the Indian border force between 2000 and 2020.

The Business Standard spoke with Kirity Roy, secretary of Banglar Manabadhikar Suraksha Mancha (MASUM), a West Bengal-based human rights organisation that documents state atrocities in the India-Bangladesh border districts, to discuss the situation.

Why is there no end to border killings? Who is to blame for this?

The roots of the issue lie deep in our shared history. The responsibility primarily falls on those who orchestrated the partition, as they remained completely indifferent to the potential problems that could arise. 

Now, both governments bear responsibility for the situation we face today. India is clearly accountable for the indiscriminate killings at the Indo-Bangladesh borders. 

According to Indian law, the maximum sentence for illegal entry into the country is seven years in prison. Shooting on sight is both illegal and inhumane. Still, BSF has been engaging in this heinous practice for many years. The current Indian central government, in particular, has shown a blatant disregard for the law in this regard.

At the same time, the blame falls squarely on BGB, formerly BDR, for failing to prevent these incidents. The previous Bangladeshi government led by Awami League also displayed a lack of interest in stopping such incidents. Their focus was more on maintaining favourable relations with the Indian central government that could serve their own interests.

Can we label the border killings as an example of systematic killing?

Absolutely. It's good that you mentioned the term "systematic killing". 

An event may be considered isolated if it happens all of a sudden and without any precedence. If such incidents continue to happen repeatedly over the years, they can no longer be viewed as isolated.

Killing someone is a grave crime in both Bangladesh and India, with capital punishment as a possible consequence for such acts. Yet, despite the indiscriminate killing of unarmed people, those responsible within the BSF have not been brought to justice. 

Our law enforcement, legal system, administration and government have all turned a blind eye to these atrocities, effectively creating a system of injustice that allows border killings to persist. So, these border killings are clear examples of both systematic killing and systematic indemnity. 

Given the current reality, is it really possible to stop border killings in the near future? If so, what steps can be taken to achieve this? 

On paper, the policy adopted by the Indian government has remained consistent. Since 2008-09, Indian officials have repeatedly visited Bangladesh and reaffirmed their commitment to preventing border killings. Yet, BSF, under the Ministry of Home Affairs, continues these practices, and the central government remains conspicuously silent. This demonstrates a clear hypocrisy between their words and actions. 

However, a shift in power on either side of the border could lead to significant changes. Recently, Bangladesh has seen a change in its political landscape, and I believe the new administration may not prioritise upholding such a friendly relationship with India that it would overlook India's atrocities.

If its intentions are sincere, there are steps that can be taken. The new Bangladesh government could file cases with the International Criminal Court (ICC). Even the general public has the right to petition the ICC. I know of several organisations in Bangladesh that work closely with the ICC, so I don't think it would be too difficult for them to bring this issue to the international stage and apply pressure on India.

Kirity Roy, secretary of Banglar Manabadhikar Suraksha Mancha (MASUM)

Recently, it has been observed that BGB and BSF are blaming each other for the death of 13-year-old Swarna Das. BGB claims that the bullet was fired by BSF. BSF claims that Swarna and her mother were trying to flee to India to escape attacks on minorities, and BGB fired at them. Can such contradictory claims divert the border killing issue to a different direction?

If a party wants to divert an issue to a different direction, then there are many ways to do it. We have seen several such attempts over the years. 

After Felani was killed on 7 January 2011, the BSF claimed they were forced to shoot her because she had attacked them. However, the Indian Human Rights Commission later clarified that no bricks or sticks, let alone firearms, were found near Felani's body. 

Following this, the Indian government promised compensation to Felani's family, but the promise is yet to be fulfilled.

As far as Swarna's case is concerned, I don't know what exactly happened. However, a bullet is the biggest evidence. A postmortem report could reveal which country the bullet belonged to. Also, if the bullet entered from the back, it might indicate that the BGB was responsible, while if it entered from the front, the BSF could be to blame.

What is crucial is to avoid contradictory claims and ensure a clear investigation to properly address the matter.

Do you think the tendency for illegal entry into India from Bangladesh has increased since the fall of the Sheikh Hasina regime?  

I believe illegal immigration has always been an ongoing issue at the Indo-Bangladesh border, but I don't think it has significantly increased in the past month. 

There were some rumours in early August that many general Bangladeshis were gathering at the border, attempting to enter India, and photos and videos were circulated. However, we haven't seen any further evidence of this ever since. 

As for the leaders and activists of the Awami League though, we have heard that they have arrived in great numbers over the past month.

We know smuggling is one key reason behind illegal border crossing in the first place. Are there sincere efforts in place to prevent this?

Not at all, given the substantial amount of money involved. 

For instance, cattle smuggled through the West Bengal borders often come from Rajasthan, which is nearly 2,000 km away. These cattle don't have wings to fly; they are transported by road through numerous districts. 

Despite the extensive law enforcement presence, including police, BSF, and intelligence agencies, these shipments are never intercepted. The reason is simple: they are all bribed to remain silent.

UN reports also indicate that many minor girls and women from Bangladesh are trafficked into India illegally under the false promise of employment. They face no obstacles crossing the border and are subsequently sent to various red-light districts across the country.

To be honest, both BGB and BSF and law enforcement on both sides of the border are all dipped in corruption.

How would you evaluate the presentation of border killings in your media?

Here in West Bengal, the issue is completely disregarded as a trivial matter. I am an old fellow, so I can recall from as early as the 1970s. At that time, news of border killings would appear on page five or seven of newspapers with headlines like, 'Unidentified youth at the border killed'. 

The situation is still the same today. Journalists get information of border killings from their sources inside the police or BSF, and they don't even care to cross check or verify whether the claims are true. They publish this news as routine work. Hence, anyone killed at the border ends up with the tag of 'smuggler'. 

Such a treatment has fostered a public perception in West Bengal that it's the cow-eating smugglers who die at the border, and it's not a matter of serious concern. 

Are human rights organisations in India working on border killings able to operate independently?

There are several hundred human rights organisations in India. Yet, to my knowledge, no one except MASUM is really working on killings at the India-Bangladesh borders or similar issues.

Personally, my involvement in this sector has led to around eight to nine police cases against me. In one case, I am accused of being a cattle smuggler, in another, an international kingpin, and in yet another, anti-police and anti-BSF. I've been labelled with numerous tags. 

Working on human rights in a country like India is fraught with endless danger and harassment, and we cannot help living with this ground reality. 

How can human rights organisations in both Bangladesh and India work together to stop border killings? 

There's nothing extraordinary required—just a dedicated focus on human rights.

Border killings are a significant issue, but not the only one. Indian jails are filled with Bangladeshi prisoners who, after serving their sentences for illegal entry, are detained for years beyond their terms. This constitutes illegal detention. 

Many Indians are also illegally detained in Bangladesh. But not many people speak up against this. 

The Indian government once promised to establish border haats along every border. While some have been set up along the Meghalaya and Tripura borders, the 2,200-km border between Bangladesh and West Bengal lacks such haats. 

Had these border haats been established, they might have curbed smuggling, created employment opportunities, and boosted regional development. We need to speak on this issue.

Additionally, human rights organisations in both countries need greater unity and cooperation. Instances of border killings keep rising, but when we reach out to organisations in Bangladesh for detailed information or to request victim families to file formal cases, we often end up receiving no responses whatsoever. 

It's disheartening, though they may have their limitations.