NHRC notices to MHA, MEA, Chief Secretaries of Assam and West Bengal and DMs of Cooch Behar and Jalpaiguri over allegations of exploitation of Indians residing in Indian Enclaves of Bangladesh (04.8.2015)
PRESS RELEASE
New Delhi, Dated: 4th August, 2015
The National Human Rights 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 requiring them to enquire into a complaint alleging that the Indians residing in the Indian Enclaves of Bangladesh are being denied basic amenities. Many of them have not been included in Census for land compensation and women are being captured and sexually exploited. All the concerned authorities have been given four weeks' time to submit a detailed report in the matter.
The Commission noted that the "Text of Exchange of Letters on Modalities for Implementation of India-Bangladesh Land Boundary Agreement 1974 and Protocol of 2011 to the Land Boundary Agreement", specify the modalities for implementation of the Land Boundary Agreement of 1974 and Protocol of 2011 to the Land Boundary Agreement.
The Clause 1(iv) of the letter dated 06.06.2015, signed by Foreign Secretary, Ministry of External Affairs, Government of India and Clause 1(iv) of the letter dated 06.06.2015 signed by Foreign Secretary of Government of People's Republic of Bangladesh states that both Governments shall facilitate orderly, safe and secure passage to residents of enclaves along with their personal belongings and moveable property to the mainland of India or Bangladesh, as the case may be, including through provision of travel documents. Therefore, it observed that if the allegations of the complainant are true, these incidents amount to violation of not only human rights but also the agreement between the two nations.
According to the complaint, received from the Indian Enclaves People's Committee and Kuchlibari Sangram Committee, represented by Mr. Ashwani Kumar Roy, the members of these Committees are the affected persons in the Land Boundary Agreement between India and Bangladesh. The complainant has alleged that:
1. 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. There are 30,000 such persons. They apprehend that they will not receive any compensation as per the Land Boundary Agreement between India and Bangladesh. It is therefore very important that a new process to count these persons in the census should be initiated.
2. The Indians residing in the Indian Enclaves in Bangladesh have been deprived of their basic amenities. The Bangladeshi Mafia have captured the Hindu females and raped them. Males have been threatened to leave the enclaves leaving behind their wives, daughters, sisters etc. which they say will be kept by them as their "keeps". The houses have been burnt in Rangpur district and their lands have been captured. Even when the census party visited these territories, they were not allowed to include their names. The Government should send security forces immediately in these territories to rescue these inhabitants and bring them back to India as per the Land Boundary Agreement.
3. The complainants have approached the office of Prime Minister, Govt. of India, the Chief Minister of West Bengal but no action has been taken.
The complainant 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 rescue of the Indians in Indian Enclaves in Bangladesh and bring them back to India.
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