Extra-judicial killings in Bangladesh – India border: Present Trend, Regulatory Limitations and Fut

Mritunjay Mondal shows his injured arm

-M. M. ENAM ELAHI 

ABSTRACT

Extra judicial killing is one kind of crime. Any peaceful man does not expect extra judicial killing.It is also an arbitrary or unlawful deprivation of life and simply a murder. Extrajudicial killings are infringements of the right to life. This is also enshrined in the Constitution of the People's Republic of Bangladesh. Extrajudicial killings have been carried out in Bangladesh by different regimes, since the independence of the country. One of the most significant but least discussed violations of human rights of Bangladeshi (some Indian) citizens occurs along the India-Bangladesh border. Mainstream media including the TV channels and most of the otherwise outspoken members of the so-called ‘civil society' in Bangladesh remain mostly silent on the barbaric ‘shoot-to-kill' practices of India’s BSF along the border. Extra-Judicial Killing is very serious crime in recent time all over the world. It is not applicable by the law and any civilize state. Quran is not supported extra judicial killing. This sort of killing is not only the violation of human rights but also unconstitutional this has become a common phenomenon recently. I have tried to find out the reasons of these extra judicial killing. I also tried to prevailing situation caused by the extra-judicial killing. Emphasize has been given on how we can create awareness and also the possible remedies for overcoming this situation. Extra judicial killing is one kind of crime. Any peaceful man does not expect extra judicial killing.It is also an arbitrary or unlawful deprivation of life and simply a murder. Extrajudicial killings are infringements of the right to life. This is also enshrined in the Constitution of the People's Republic of Bangladesh. Extrajudicial killings have been carried out in Bangladesh by different regimes, since the independence of the country. One of the most significant but least discussed violations of human rights of Bangladeshi (some Indian) citizens occurs along the India-Bangladesh border. Mainstream media including the TV channels and most of the otherwise outspoken members of the so-called ‘civil society' in Bangladesh remain mostly silent on the barbaric ‘shoot-to-kill' practices of India’s BSF along the border. Extra-Judicial Killing is very serious crime in recent time all over the world. It is not applicable by the law and any civilize state. Quran is not supported extra judicial killing. This sort of killing is not only the violation of human rights but also unconstitutional this has become a common phenomenon recently. I have tried to find out the reasons of these extra judicial killing. I also tried to prevailing situation caused by the extra-judicial killing. Emphasize has been given on how we can create awareness and also the possible remedies for overcoming this situation. 

Chapter One Introduction Background of the Problem Bangladesh and India, historically and geographically, two neighboring countries located in the South Asia. Bangladesh has 32 border districts whilst India has five border provinces. Bangladesh and India both the countries have bilateral issues from the emergence of them. Cultural cooperation between these two countries is very strong while both the countries have various cultural fests together that is the celebration of birth anniversary of Bissho Kobi Rabindranath Tagore, sports activities etc. The economic, in particularly, trade issues between the two countries have been growing rapidly since the early 1990s. Amongst various issues between these two countries, border issue has come in the front line, because of the smuggling, trafficking and border killing by the Indian Border Security Force (BSF). In the year 2016 . They are showing uncontrolled behavior in the border line by killing, abducting Bangladeshi people, violating human rights and offence relating to push-in etc. However, Bangladesh and India, being the closest neighboring countries, it is felt, hoped and desired that the cultural, economic and other bilateral cooperation to be maintained on a longterm sustainable basis for the maximum common interest. A sound relation between Bangladesh and India may render a good opportunity for establishing peace and security as well as a hunger free, stable and developed South Asia. An extrajudicial killing is the killing of a person by governmental authorities without the sanction of any judicial proceeding or legal process. It is also an arbitrary or unlawful deprivation of life and simply a murder. Extrajudicial killings are infringements of the right to life. This is also enshrined in the Constitution of the People's Republic of Bangladesh. Extrajudicial killings have been carried out in Bangladesh by different regimes, since the independence of the country. Extrajudicial killing is an arbitrary or unlawful deprivation of life and simply a murder. Bangladesh has earned notoriety in carrying out extrajudicial killings. The rights to life and personal liberty are under threat in Bangladesh, despite the fact that they are guaranteed by the Constitution of the People’s Republic of Bangladesh. Article 32 says: “no person shall be deprived of life or personal liberty, save in accordance with law”. According to the International Covenant on Civil and Political Rights adopted in 1966 and ratified by Bangladesh in 2000, “every human being has the inherent right to life”. The Covenant also says: ‘this right shall be protected by law. No one shall be arbitrarily deprived of his life.” Different terminologies have been used by the law enforcement agencies to distract from extrajudicial killings; such as, deaths during ‘cross-fire’, ‘encounter ‘, ‘gunfight’ etc. One of the most significant but least discussed violations of human rights of Bangladeshi (some Indian) citizens occurs along the India-Bangladesh border. Mainstream media including the TV channels and most of the otherwise outspoken members of the so-called ‘civil society' in Bangladesh remain mostly silent on the barbaric ‘shoot-to-kill' practices of India’s BSF along the border. There are cross-border movements of people living in the border area, without permission.But BSF personnel are not accountable to the local administration, the police, or to human rights institutions. “According to memorandum of understanding and related treaties signed between India and Bangladesh, if citizens of the two countries illegally cross the border, it would be considered trespass and as per law those persons should be handed over to the civilian authority”. In India’s part they argue that they fenced the borders only to prevent illegal migration. According to Odhikar statistics, the BSF had killed at least 20 Bangladeshis and injured 29 until May 31 in 2015 along the borders while 1,055 were killed and 948 were injured between January 1, 2000 and May 31, 2015. Then after 2015 , only 2015 the calculation of killed person was in total 39 and six persons till August 2 , 2016. So, now in total killed is 1085 bangladeshi by BSF . The Indian government has to deal with crossing-border smuggling, particularly cattle rustling. Low-key handlers, mostly living in border areas, carry out most of the transshipment of the cattle across the border. There are 68 smuggling corridors and 149 sensitive villages on the West Bengal border alone. Cattle smuggling is a highly profitable business for the people living in both side if the border. Cattle are reported to be sold at three or four times higher price in Bangladesh than in India. We have repeatedly noticed that India has been violating treaties, shooting at anyone seen near the border or anyone trying to cross the border which is a clear violation of International Laws and Human Rights. 1.2.Statement of the Problems The India Bangladesh border is used as a route for smuggling livestock, food items, medicines and drugs from India to Bangladesh. Moreover, illegal immigrants from Bangladesh cross the border to India. Because of a large number of illegal immigrants crossing from Bangladesh into India, a controversial shoot-on-sight policy has been enforced by the Indian border patrols. The officials of both governments believe that it is legal to use lethal force against those suspected of being engaged in smuggling or other illegal activities. This violates both national and international standards on the right to life and the presumption of innocence which are applicable in India and Bangladesh. Abuses of BSF are increasing in an uncountable manner.  BSF did not only shoot illegal migrants or smugglers but also even innocents who were seen near, sometimes even people working in fields (farmland) near the border.  For which the Indo-Bangladeshi Barrier is underway. Lacking of the Governmental authorities to follow the rule of law and respect basic rights, to take strong steps to end abuses and hold those responsible to account. Identifying the reasons and recommending the prevention of extra judicial killing in the India-Bangladesh border. Use of lethal weapons by the Indian Border Security force (BSF). Torturing or fatal beating of captured innocent Bangladeshi citizens. “India’s shoot to kill policy” on India-Bangladesh border line. Terrorist activities carried out by outfits based on both countries. Lack of mutual faith and friendly relation between Border Guard Bangladesh (BGB) and Indian Border Security force (BSF).

1.3. Purpose of the Study The purpose of such dissertation is to search for facts and reasons of failure to prevent extra-judicial killings that could help us to understand the reality. My concern was systematic silencing of the voices of the victims - particularly their family, friends and community. The pain they bear and consequences of a traumatic event on their life. Needless to mention is that my purpose was primarily to find ways, if there is any, to avoid extra-judicial killing and brutal treatment of human beings who legally or, according to Border Security Force (BSF) and the Governments, illegally crossed border in search of livelihood. I hope that, the facts, analysis, and recommendations presented will be able to provide objective information to the human rights defenders who are concerned about Bangladesh.

1.3.1. Some Specific Objectives: To identify the shortcomings regarding extra-judicial killings; To know the present situation of extra-judicial killings; To find out the Reasons of failure to prevent extra-judicial killings; To find out the new things relating to extra-judicial killings. 1.4. Significance of the Study I want to said that, I have chosen that topic because of I think that a human life is so valuable and extra-judicial killings is a violation of human rights. It is necessary to find out the reasons of failure to prevent that type of extra-judicial killings in Bangladesh – India border. Dissertation plays an important role in recommending solutions to the existing problems. This study will help the lawmakers and the judges to know the unlawful execution committed by the state through enforcement bodies, as to the violation of right to life. This study gives rise of understanding and make clear to the society, government and other administrative authorities on the importance of protection of right to life. Therefore, this study mainly focus on the facts that have been missed out from the existing laws, and also the facts already included in the laws that should be emphasized to prevent the extra-judicial killings specially the recent trends. This study will help the Government to investigate against the perpetrator of extra-judicial killing. This study helps the future researchers to find out if there are some other measures which are to be taken in order to improve the protection of right to life and stop extra judicial killing. Finally this research will be helpful for the protection of human rights.

1.5. Research Questions What are the reasons of failure to prevent extra-judicial border killings and its impact on Bangladesh-India relationship?

What are the missing facts in the existing justice system regarding extra-judicial killings ?

Why do Border Security Force shoot in Bangladesh – India border ?

Whether the existing laws of Bangladesh are capable to cope with the trends of extra-judicial killings ? 1.6. Scope of the Study This research study will cover the topic and its related issues. This study is conducted on “extra-judicial killings in Bangladesh-India border: Present Trend, Regulatory Limitations and Future Directions”. It will also analyze the problems of the extra-judicial and includes recommendations against the selected issues. This dissertation paper can be used as a secondary source for further purposes.

1.7. Limitations of the Study The main limitation of this paper is its extensive dependency on internet materials, time limitation. So this may cause the weakness of the information gathered practically .Besides less time can be regarded as another limitation of this study. Chapter Two 2. Review of the Literature Bangladesh and India share a 4,095 kilometers (2,545 miles) long international border, the fifth-longest land border in the world. 5 Indian states West Bengal, Assam, Meghalaya, Mizoram, and Tripura, adjoin a total of 32 Bangladesh districts. The border between Bangladesh and India passes through flat and hilly terrain, rivers and jungles. In some parts, the border passes through heavily populated areas with cultivation extending to the very edge of the border and the Border pillars remain the only identification of the international boundary. Many work has been done in the extra-judicial killings, comparative study on extra-judicial killings between Bangladesh and other country etc N. S. Jamwal wrote a book named Border Management: Dilemma of Guarding the India-Bangladesh Border where he reflects many reasons of the extra-judicial killings loopholes in the Legal System and political factors etc. Because there are many streams and rivulets across there, it is not easy to establish and maintain border pillars on these river islands. Further many of these islands, clearly visible during the dry seasons and disappear during the monsoon making it even harder to identify the border. Populations on both sides share cultural, linguistic, religious, economic, and, crucially, kinship ties. Local people for trade and commerce have long been crossed the border routinely. It is also crossed by relatives and friends separated by a line arbitrarily drawn by the British during partition in 1947. So crossing the border is a daily process for many people living in the border areas. The NGOs who work with human rights from both Bangladesh and India has charged the BSF with several accusations of human rights violations. The international watchdog “Human Rights Watch” has accused BSF of killing and torturing innocent people. According to their report in many cases people have been tortured or killed only out suspicion of being a cattle smuggler. The lack of accountability within BSF has been named as the main reason for such shocking act by the border guard force of India. It also argues that failure by BSF personnel to respect rural habits and customs often causes grievances and arguments that can often have deadly results. The report has also accused of both BSF and BDR and politicians of both sides to be involved in the smuggling business. Since its independence India has proved itself to be the biggest power in the South Asian region. It is also often been accused by the other nations for acting like “big brother” to its neighbors. India may be called a geostrategic player while Bangladesh may be called a geostrategic pivot. As a geostrategic player, India always tries to influence the nations beyond its national boundaries. Because of the important geographic position of Bangladesh India always tries to keep Bangladesh under its firm influence. India has continued the border killing despite the soaring criticism by Bangladesh government, people and international human rights organizations. The guardian published a report titled India’s shoot to kill policy on the Bangladesh border by Brad Adams sheds light on the issue of human rights. The report argues that the violence is routinely and arbitrary .The report shows that the border has become an emotive issue in Indian politics, as millions of Bangladeshis now live in India illegally. Because of that, many are exploited as cheap labor. The report further emphasize that India has the right to impose border controls. But India does not have the right to use lethal force except where strictly necessary to protect life. The article also claims that despite of the mass violation of human rights by the BSF, there are lacks of attention of international media to this issue. The article also sites the statements of victims and victims’ family members where it is clear that the BSF has used violence, even where it was completely unnecessary. The article also sites instances where BSF has shoot people strait in their foreheads. The Economist published a report titled Shootings on the India-Bangladesh border: Felani's last steps, 3rd February 2011. In this report, citing Bangladeshi media claimed that In January 7th India's Border Security Force (BSF) shot dead Mr Nur Islam's 15-year-old. Felani, at an illegal crossing into Bangladesh from the Indian state of West Bengal. Felani's body hung from the barbed-wired fence for five hours. Then the Indians took her down, tied her hands and feet to a bamboo pole, and carried her away. The Dhaka Tribune published an article titled Responding to Border Killings written by Md. Ariful Islam. In this writing the author speaks out for human rights. He further reiterates that both India and Bangladesh come forward to showing respect for it. By quoting Human Rights Watch Report India’s force has killed almost 1,085 Bangladeshis over the past 16 years. That implies a border killing every four days, in gross violation of human rights as well as international law. The article further focuses on the historical insight that the way the Bangladesh-India border was carved out in 1947 added to its complexity and increased the likelihood of border disputes. In some places, the border makes one part of a house or holding situated in Bangladesh and another in India. A substantial number of people have had to move between both countries without passports for various reasons. “Stop border killings for better relations” an editorial by the Dhaka tribune published on May 20, 2014 says that border killing has continued in Bangladesh - India Borders despite concerns expressed by the Bangladeshi government. The newspaper called Indian response to the problem inadequate; stating that over 38 Bangladeshi citizens has been killed in the past year (2013). The article also claims that Indian lack of resolution and one-sided nature makes them of huge symbolic importance. It also says that it is well established that these murders have nothing to do with security issues but largely arise largely arise out of disputes over extortion. The newspaper called the Indian government to stop this killing, as it will be a great initiative for confidence building for both countries. “BSF killings not helping” is another editorial by the Dhaka Tribune newspaper on the issue. The editorial was written as a response of a Bangladeshi “Mohammad sharif” was picked up the BSF and his body was later found with major marks of torture. The editorial voiced its concerns about the negative impact of these killings on the India-Bangladesh relations and said that such a incidence just after the visit of Indian foreign minister to Bangladesh was unfortunate. The newspaper expressed its worry about the nonchalant behavior of the Indian government about the issue. And tit asked the Indian government to take immediate actions to stop the murder of Bangladeshi people in the border. Delwar Hossain (2000) discusses extra-judicial killings as a social problem. He analysis on the causation and present status of extra-judicial killings in Bangladesh - India border but he did not make any critical analysis on the extra-judicial killings of Bangladesh - India border. Tashfin (2011) has made an in-depth inquiry into the factors associated with extra-judicial killings in Bangladesh - India border, But did not say anything about its prevention. Syed (2011) in his study entitled as- “Alternative Sanctionsin of the extra-judicial killings in Bangladesh - India border .Human Rights Perspective”, analyzes the need to develop alternative sanctions and programs in the extra-judicial killings in Bangladesh - India border. Khan (2012) trends to explore the causes, consequences and diversity of extra-judicial killings in Bangladesh - India border. N. S.Jamwal also discussed about the Bangladesh - India Border : "A Problem Area for Tomorrow": A Critical Review’. His discussion was not only limited with the extra-judicial killings in Bangladesh - India border but also discussed the system in the international perspective. I also read out the journal of “Border Management: Dilemma of Guarding the India-Bangladesh Border: A Comparative Study of Hard Realities of extra-judicial killings in India –Bangladesh border by N. S. Jamwal. I read an article “Justice for Human” by Honorable Justice Hyder Ali, where he give a brief commentary of the extra-judicial killings in India–Bangladesh border wholly reflected. It helps me too much. I also read out different things about extra-judicial killings in Bangladesh - India border from the different website and increase my knowledge. I analyze the legislation and get my research question that whether such laws will protect the rights of the human or not. Chapter Three 3. Research Methodology The choice of research method is of outmost importance for any research paper. It is also one of the most difficult choices that one researcher faces. Without a proper method, the study remains incomplete and often fails to provide necessary results. This research work is based on both primary and secondary data. Instruments etc and to find the appropriate research method, I looked on the main research objective of the research paper. The paper has some objectives. One is to find out the causes and the impact of the of border killing in the Bangladesh - India border and the other is to analyze the impacts of border killing in Bangladesh India relations and suggest policies to find a remedy. To attain both of these objectives, using primary data method was the best choice. On the other hand fieldwork alone cannot provide insights to the impact it’s having on Bangladesh - India relations. Thus the research paper took the road of mixed method, where both quantitative and qualitative data was used. It also relied on both primary and secondary data collection methods. To attain the research objectives of the study, an equal importance has been given on secondary data. The secondary source of the resource includes books, articles, journals, research report, documents of Government and Non Government, thesis, newspapers, websites etc. In this research paper, the quantitative data was used to show the real picture of border killing in the Bangladesh –India border and its intensity. However the quantitative data cannot provide any Most of the data used in this method was collected by primary data collection method. Qualitative method relies on words that are not quantifiable and uses that explanation to support its argument. Most of the qualitative data used in the research paper are secondary ion nature; however, the experience of the victims of border violence, collected using primary data method was also very important for the research. The research is mainly based on the interview of the people who live close to the India Bangladesh border. The attempt was to take a pragmatic approach and to see the problem from the point of view of people who really suffer from the border killing 1st hand. Thus, I was extremely cautious about choosing the location of the study and the participants themselves. I have tries to ensure that the participant is not biased and that they provide a clear point of view on the border-killing situation. 3.1. The Qualitative Paradigm Migration of Bangladeshi nationals into India is common. Millions of Bangladeshis are alleged to be living illegally in India. This is a source of serious political tension, with hardline Hindu political groups claiming that influx of Muslim Bangladeshis could alter the country’s demography. Every year, thousands of women and children are also trafficked into India from Bangladesh, and then sold into brothels in Mumbai, Delhi, and Kolkata or sent to Pakistan and the Middle East. Others end up as domestic labor. Smuggling is an important source of livelihood for many in the West Bengal border area. The cough syrup Phensedyl, other drugs, and rice are among the most common items smuggled into Bangladesh. But the most lucrative is the cattle trade. Some estimates suggest that as many as 20,000-25,000 animals enter into Bangladesh through West Bengal daily. While the cross-border trade in cattle is illegal in India, sales of Indian livestock in Bangladesh are legal and taxable, and in fact the BGB often facilitates the cattle trade. The cattle-rustlers are well-organized. But the traders themselves are rarely the ones in the BSF’s line of fire. It is the local villagers, paid a small fee by the smugglers to ferry the cattle across the border, who suffer the most serious consequences for their involvement in this business. For them smuggling is often the only means of livelihood since there are few employment opportunities in the area. In several cases of killing and torture documented in this report, the victims were engaged in cross-border cattle-rustling. However, in other cases, villagers had simply mistakenly crossed the border since there are no clear markers. In an effort to contain the problem of illegal immigration, trafficking, smuggling, and the infiltration of militants, India has embarked upon constructing a fence inside its border. Over 2,500 kilometers of fencing has been completed. Border posts are set up at intervals of 4.5 kilometers which will be shortened to 2.9 kilometers once the fencing is completed. A number of Indian and Bangladeshi nationals remain in jails on the other side of the border, arrested for the violation of the Foreigners Act, when they crossed the border. Some, convicted for smuggling or trafficking, have already served their term. The Bangladeshi and Indian authorities are yet to develop a mechanism that can facilitate the return of their nationals. A vast majority in the Bangladesh area are Muslim: almost 80% of the population on the Bangladesh side, and nearly 60% on the Indian side. The population in this region belongs to some of the most backward communities. 3.1.1. Problems of Border Management One of the problems of border management is the myopic view about the BSF being synonymous with border management. Other issues that are of concern in border management include the following: - Porous nature of Border — Wide inter-BOP gap in the face of dense population residing near the boundary, allows free movement of nationals including criminals, of both the countries. This problem gets severely compounded in the riverine and jungle areas where patrolling is difficult. Withdrawal of the forces for other duties (counter-insurgency operations, election work for prolonged period), further worsens the problem. Passive/Indifferent Attitude of Border Population — All border crimes take place in an organized manner. The population residing in the border areas is either dependent on the kingpins or are scared to speak against such criminals. This sometimes happens due to indifferent attitudes of the administration where some of them are also part of the nexus. Difficulty in Identifying Bangladeshi Nationals — Indians of the bordering states and Bangladeshis look alike, speak the same language (Bengali and/or Assamese), wear the same dress and have similar set of cultures and traditions, thus making it difficult to identify a Bangladeshi national in the absence of identity cards in the border areas. Over-population in the border areas — Density of population in the border areas at some places is approximately 700-800 persons per square km on the Indian side and about 1,000 persons on the Bangladesh side. Such an over-populated area with a porous border poses problems in detection and apprehension of criminals who have the option of crossing over to the other side to evade arrest. Cutting of barbed wire by smugglers — Smugglers have invented a very ingenious way of dealing with the security forces who try to obstruct their activity — by cutting the barbed wire.. Since a breached wire invites disciplinary action against the respective commanders and troops, smugglers resort to such acts to force commanders either to connive with them or face the consequence of an inquiry for dereliction of duty. Criminals in Enclaves — Enclaves pose a problem of a peculiar nature. Since police cannot enter the enclaves, the local heads act as per their whims without attracting any retribution from either country. People from Indian enclaves in Bangladesh have already migrated to India — either due to sale of their land or to escape persecution. Bangladeshi criminals are taking shelter in these enclaves. Cheap Labor — It is a win-win situation for the labour as well as the contractor in India. Bangladeshi labour can be hired at cheaper rates and also it is profitable for them to work in India due to the wages they earn in Indian rupees (the value of Indian rupee being more than Bangladesh taka). There are many places where Bangladeshi labour comes to India, e.g., Karimganj in Assam, Agartala in Tripura. 3.1.2. Problems for Border Residents: On the Indian side of the border, BSF guards restrict access through the fence, which has effectively cut off some Indian border residents from their farms or markets. In order to prevent infiltration by Bangladeshi nationals, the BSF obliges residents to surrender their identity or citizenship cards when they cross the border outposts and to claim them back on their return. Even in the border area in Murshidabad district, where the riverine plains are impossible to fence, residents have to surrender their papers at the BSF border outpost before crossing to the areas adjoining the border. Mithoo Sheikh, a young man in Murshidabad said that there are long queues as the BSF checks each identity: Sometimes by the time we get to the field it is noon. And we have to stop work by 4 p.m. because they stop us from returning after dark. The BSF does not understand cultivation problems. We cannot water our fields at noon. Sometimes we only get water at night, but they will not let us remain in the field. If we disobey, they beat us and file false charges.We are treated as outsiders in our own country. Crimes and violation in Border Area. Human rights violations by the Indian Border Security Force(BSF) have been going on for a long time along these borders between Bangladesh and India.Instances of BSF shooting , killing , torturing and abducting unarmed Bangladeshi citizens in the border areas violate International norms and treaties. Members of BSF also illegally enter Bangladesh Territory and attack people residing along the border, Shoot and kidnap Bangladeshis. Again, Migration of Bangladeshi nationals into India is common. Millions of Bangladeshis are alleged to be living illegally in India. This is a source of serious political tension, with hard-line Hindu political groups claiming that influx of Muslim Bangladeshis could alter the country’s demography. Some estimates suggest that as many as 20,000-25,000 animals enter into Bangladesh through West Bengal daily. 3.2 Researcher's Role The study was conducted in the Phulbari upzilla of Kurigram district. It has an area of 163.63 km. Phulbari 28 km northwest of Kurigram town and is one of the upzilla’s which has border with India. The study was conducted in two bordering village situated in the upzilla. One is the near Ballerhat border and another near Anatapur border. The choice of the villages was based on its proximity to the India-Bangladesh Border, and because my sources confirmed that there is huge number of people who travelled to India regularly. Anantapur is also home to Felani Khatun, who is by far the most famous victim of Border killing in India-Bangladesh Border. Another reason for choosing this village’s is that I had a person who knew me becuase of i passed my childhood at Rangpur Division and worked as a link between the participants and me. He had introduced me to the villagers and ensured my access to the otherwise close society. The village is not very developed village, but the villagers have their share of technology like electricity, TVs and mobile phones. 3.3. Research Documents /Data Sources 3.3.1 Primary Data Participants: Both Male and female participants were chosen for interview in this fieldwork. My informer had introduced me to people in those villages. Then I chose participants in a manner that, they would represent a verity of social class. I maintained a balance between male and female participants. The method used was open-ended survey interview, which left room for the participants to include their opinion. Participants came from all occupations, from farmer to female member of the union council. The participants came from a vibrant age group too. But mostly people were aged more than 30 year old. The average age of the participants were 40+, this ensured that they had long time exercise about border and border related violence. Most of the participant lives very close to the border, and so they are very much aware about the border related security measures that are taken at border, also they can see the day to day task that happen at the border. Another thing that I tried to ensure is that the participants were both those who had visited India and those who had not. I ensured that the survey was not biased and I had the point of view of those who visited vi-a-vi those who did not. While those who have visited India had practical experience in crossing border. Those who did not are not completely ignorant about the issue. Many of the participants who did not visit India have family members who are victims of Border violence. Including them as participants ensured the representation of experience of people who did not have to resort to visit to India for their livelihood. Their point of view provided important input into what should be done to make sure there was less illegal border crossing. My survey showed that most of the participants had visited India, either regularly or many times. None of these people actually had any kind of passport of visa which means they did pass into India illegally.

3.3.2. Secondary data Books, newspaper articles and Webpages were the source of secondary data in this research. The use of Webpages was prominent because it provided access to the newspaper articles and views of experts in India. This was important to keep a balanced view of the paper. For the theory part, various books and journal articles were used. I also used the documents and survey reports published by various Bangladeshi NGOs, who work on the issue. Odhikar and Ain O Shalish Kendra are most prominent of them. These articles have focused on various sides of the issue, many of them showed this issue as a part of the major India-Bangladesh nexus. On the other hand some focused on the issue itself. The India’s point of view on the issue was also reflected in those articles. A major weakness of secondary articles is that there is serious lack of scholarly article on the issue. The articles by Bangladeshi NGOs takes an advocacy perspective, and more focused on the victims experience and the brutality of BSF. While the articles Written by most Indian writers seem to justify the BSF’s action. There is serious lack of literature that views the issue in a non-biased way. I also reviewed article titled. 3.4. Analysis of Documents and Verifications: On this particular day, Ahmed and Jamal walked towards the border while two guards monitored them with binoculars. "We go up to the fence all the time" he told me. Wary adults lingered behind, warning them not to go further. Ahmed and Jamal work on their farm side by side with Indian farmers, who cross the border to work on their land. "The Indian farmers never speak to us," says Ahmed, "If they do, the BSF yells at them. If we try to talk to them, they don't pay any attention to us. They are worried that the BSF will accuse them of being smugglers, or helping illegal immigrants." There is mistrust on the Bangladeshi side of the border too. "At night we put our cows inside the house and lock up all the animals," said Jamal. Against the backdrop of border crimes, villagers become suspicious. According to a local primary school teacher, Jalal Ahmed. "Everyone else thinks we're all smugglers here, so our people have to deal with that prejudice. And there are criminals here, not just cattle smugglers but a lot of drugs are smuggled here too," he said. "It's very bad for our society, for our children." Felani Khatun, 15, an undocumented Bangladeshi immigrant in India, was shot while climbing the wall to cross back home on 7 January this year. A photo of her lifeless body hanging from the barbed wire sparked widespread uproar in Bangladeshi media. Nur Islam, Khatun's father, had successfully climbed over the fence seconds before Felani was shot. "There was no shout, no warning," he told me . "I don't understand why they didn't shoanything. I saw them. They just got up and shot. And my girl cried out." 3.5 Ethlcal Considerations: Border killing has become a very large problem for Bangladesh. The newspaper repots show that over 1085 people have been shot at the India Bangladesh Border since 2000. Despite of the continuous concerns voiced by Bangladesh and the international human rights groups; Indian government has done little to solve the issue. The issue also has very little coverage in the Indian media, so there isn’t much chance of a growing public support in India to stop this problem. This has caused a mass awareness about the brutal behavior of the Indian border guards, and thus has created a sense of hatred in Bangladesh people against India. In the modern days, the diplomacy is not confined within the high-leveled officials of the governments. People to people contract are also very important. But the behavior of the BSF and the seeming disregard of the Indian officials to the issue make it very hard to believe that India has the best concerns of Bangladesh in mind. This has created an immense pressure on the Bangladeshi government to do something about the issue. Bangladesh can seek judicial action and argue to the International Criminal Court by showing that systematic killing in the border area is a crime against humanity as it is a. We have to take this issue in the international forums so that world can understand what is actually happing here. In fact no law could have solution unless the people of both countries are morally and ethically found upright. Chapter Four 4. Research Findings/ Results: Borders are seen as lines to be protected. At some borders state authority is visible with passport control points. At these borders identity documents are checked and visas are controlled. When illegal border crossers are detected, they are either detained or deported. Passport controls do control illegality of border crossings. However, this control is made by differentiating between people with proper documentation and illegal border crossers. The results of the fieldwork are truly eye opening. It has been able to indicate too many factors that were not previously noted in the conventional literature. The results have also shown that neither the claims of the Bangladeshi official, nor those of the Indian officials are completely true. There are aspects of the issue that simply cannot be explained by the newspaper reports; rather there are realities that are far more vivid than imaginable from outside. The reason that compels Bangladeshi people to visit to India is not one-dimensional as it looks from the newspaper articles. One of the main reasons of visiting India, particularly for females is to work in India as housemaids. This reason has never been included in the traditional literatures about Bangladesh-India border. The participants have also have responded truthfully in saying that they went to India for smuggling “saris”(a type of Bangladeshi attire) or worked for smuggling cattle. This result has also confirmed that there are indeed incidents of illegal trade and smuggling going in the border areas and the people from bordering villages are who are involved in them. This part of result and analysis focuses on how people get inside the India, and how BSF handles the situation, and other main issue relating to border conflict. In has provided some real insight about what goes on in the border area, the dynamics between the two border guarding forces, and the role that Government and NGO play in such cases. In many aspects the results have been shocking but in other instances, they have actually confirmed our speculations. However, most illegal border crossers eschew these control points and attempt to enter the territory of a state in which no official control takes place. Once states decide to reinforce their borders against illegal border crossers, they take extra measures between and/or beyond passport controls. From the eyes of illegal border crossers, borders represent hope. Human traffickers, smugglers and terrorists are only one side of the story. From the eyes of illegal immigrants, asylum seekers and border villagers, borders are steps towards a brighter future. Political instability, poverty, famines and droughts compel these people to cross borders illegally. However, hopes of a brighter future turn into despair once they reach the borders. Many die due to shoot to kill policies. A typical example is the Indian policy at its Bangladesh border. From 2000 onwards, more than 1.085 people have been killed by Indian border guards. Most victims of the Indian shoot to kill policy are unarmed Bangladeshi cattle rustlers who try to cross to India illegally. This type of shoot to kill policy starts as local practices of border guards. Border agents begin to kill unarmed illegal border crossers arbitrarily. If central governments do not interfere at the local level to halt these practices such as imprisoning those who are responsible for deadly incidents and these practices are repeated for a period of time, local practices of border agents become an official state policy. Another type of shoot to kill policy starts as a top-down policy. High-level state officials give shoot to kill orders and border agents implement them. Although shoot to kill policies are practiced by border agents, they are official strategies of states. They cannot be considered as individual actions of border guards. Some border guards could indeed adopt arbitrary shooting practices at borders independently of official state authorities. In such a case, the behavior of state authorities is decisive. If central state authorities do not take action to halt these practices, then local practices of border agents will become an official policy. On the other hand, if investigations start and border agents involved in these practices are imprisoned, then shooting incidents will remain isolated events. In addition, it is important to take on board the fact that if border guards are attacked, they have a legal authority to protect themselves. Therefore, if border guards act only to protect themselves from violent behavior of illegal border crossers, then their actions could not be considered as a shoot to kill policy. 4.1. Bangladeshi Border Guards are silently observers I asked the participants about the role that the Bangladeshi border patrol played in the cases of border violence. Most dominant of the responses was that they simply overlook the crime. While another significant percentage said Bangladeshi border guards actually took, bribe and help in the smuggling. Another 29% said that they had actually took some actions, but in most cases these were when any Bangladeshi citizen was shot dead, and the action was simply to hold a flag meeting with the BSF, other than that they failed to help Bangladeshi citizens. These results have shown that there are indeed corruption inside the force and has reflected the inability on Bangladeshi part to take ineffective actions. This is also part of search for answer about what caused the continuous border killing. The Bangladeshi border guards are supposed to protect its people and stop illegal affairs. However, in reality it has failed to do both. Rather, it has become corrupted and a facilitator of illegal trade, which is causing serious image crisis for Bangladesh. 4.1.1. Bangladeshi NGOs are not so active: The websites of Bangladeshi NGOs are full of statistics and articles on Border killing. They work as the main voice against these tortures and play important role in constituting the image of India and BSF. However, their role in the ground is not that active. Participants were also asked if they had got any help from government of NGOs after falling victim to border violence. Most of the participants said that they had not gotten from government and NGO. Some participants said that NGO member have only interviewed them, but did not provide any help. One of the victim’s father (who was killed, and trial is ongoing) said that many of the NGO’s helped him initially to set up the trail, but now he had only few supporters. This shows that although NGOs claim to work at the issue, most of their efforts do not focus on what the needs of the victims. 4.2. Violations of domestic laws of Bangladesh: Extrajudicial killing in the border area is both a violation of constitution of the Peoples’ Republic of Bangladesh, Article 31: Right to Protection of the law Article 32: Protection of right to life and personal liberty "No person shall be deprived of life or personal liberty save in accordance with law". It now seems that this provision exists only on paper. Institutions of the state are acting against the law of the land. Article 33(2): Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest. It is also provided in Article 22 of the Indian Constitution. The BSF ignores procedural safeguards designed to prevent torture and other mistreatment of persons in custody. Although Indian law requires that everyone taken into custody must be produced before a magistrate within twenty-four hours, this rule is usually ignored. The Supreme Court has stated resolutely that Article 35: Protection in respect of trial and Punishment and Article 35(5) provides, “ No person accused of any offence shall be subjected to torture or cruel , inhuman or degrading punishment or treatment” . Even though there is no definition of ‘torture’ in the penal laws, acts amounting to torture in detention are common and almost systematic in Bangladesh. There are several crucial factors that may explain the prevalence of torture: it is still considered by law enforcement agencies as a quick and efficient way to investigate cases and to maintain law and order. Again, through torture, law enforcement agencies are abusing their authority to extract money or force people to confess crimes they did not commit. The unarmed, helpless people in the border are killing being tortured and without any scope for trial. Article 36: Right to freedom of movement has been denied by the BSF and BGB. 4.2.1. Violations of domestic laws of India: — Article 21, of the Indian Constitution protects individuals from any form of torture or cruel, inhuman, or degrading treatment. The Indian Penal Code forbid the causing of "hurt" or "grievous hurt" and prescribe prison terms and fines for officers found guilty of torture. Section 46, of India’s Code of Criminal Procedure, while allowing “all means necessary” in case a person attempts forcibly to resist arrest, clearly forbids causing the death of a person who is not accused of an offence punishable by death or a life term. 4.2.2. Violations of some International Human Rights Laws: Universal Declaration Of Human Rights, 1948 Torture is also banned by international law. The Universal Declaration on Human Rights, 1948; Articles 1 to 15 provides human Rights- Article 1. We Are All Born Free & Equal. We are all born free. We all have our own thoughts and ideas. We should all be treated in the same way. Article 2. Don’t Discriminate. These rights belong to everybody, whatever our differences. Article 3. The Right to Life. We all have the right to life, and to live in freedom and safety.  Article 5. No Torture. Nobody has any right to hurt us or to torture us.  Article 6. You Have Rights No Matter Where You Go. I am a person just like you!  Article 7. We’re All Equal Before the Law. The law is the same for everyone. It must treat us all fairly.  Article 8. Your Human Rights Are Protected by Law. We can all ask for the law to help us when we are not treated fairly.  Article 9. No Unfair Detainment. Nobody has the right to put us in prison without good reason and keep us there, or to send us away from our country.  Article 10. The Right to Trial. If we are put on trial this should be in public. The people who try us should not let anyone tell them what to do.  Article 11. We’re Always Innocent Till Proven Guilty. Nobody should be blamed for doing something until it is proven. When people say we did a bad thing we have the right to show it is not true.  Article 12. The Right to Privacy. Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters, or bother us or our family without a good reason.  Article 13. Freedom to Move. We all have the right to go where we want in our own country and to travel as we wish.  Article 14. The Right to Seek a Safe Place to Live. If we are frightened of being badly treated in our own country, we all have the right to run away to another country to be safe.  Article 15. Right to a Nationality. We all have the right to belong to a country. 4.2.3. Convention Against Tortue (Cat), 1984 Bangladesh AND India are State Party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), but it has failed to submit its report on torture for the fourth time at the UN Committee against Torture. The Convention against Torture and Other Cruel, Inhuman or  Degrading Treatment or Punishment (Convention against Torture), the most detailed expression of the international community’s censure, makes it compulsory for state parties to make torture, attempts to torture, and complicity and participation in torture, criminal offenses under their national laws. 4.3. Case Study Reports and Update news on Border Killing: The following case studies are enough to show the human rights situation in the Indo-Bangla border line. For example:

Case Study: 1 In the Village of Banarvita, Upazila Nageswari, Union Ramkahna, Kurigram, on Jan. 7, 2011, Felani Khatun and her father arrived at the barbed wire a little after the early morning to call to prayer at a nearby mosque. Dressed up in traditional bridal wear and wedding jewelry, the drowsy 15 years old Felani fell asleep several times during their overnight journey from India to the border and could barely keep her eyes open. It means, she was in deep sleep. Felani, born in India whose parents were undocumented migrants there, was returning to Bangladesh to get married. But it was daylight now, and Felani’s father Nurul Islam was afraid. The local smugglers he had paid Rs 3000 ($70) to help him and his daughter across. They insisted that, everything was fine, and father and daughter began to climb up the ladder that had been arranged for them. Nurul Islam made it over successfully. Moments later, as Felani reached the top of the 2.5m high fence, Indian border guards who had spotted them, came running out and shot her dead from close range. The Indian Border Security Force (BSF) shot her without any warning. Nurul Islam, father of Felani, who has been relocated with the rest of his family to the Bangladeshi village of Ramkhana, “I wish they would said ‘stop.’ If they would just say ‘stop’ she would have been saved.” Felani’s lifeless body hung on the fence for five hours, it was held in full view of Bangladeshi and Indian farmers living nearby. Eventually, the BSF slung her hands and feet onto a bamboo pole and took her away. It was over 30 hours before her body was handed over to Bangladeshi authorities and returned to her father and they took her jewelry. A photo, first published in Indian newspaperAnandabazaar, of Felani’s corpse hanging from the fence sparked a huge uproar in Bangladeshi media. At last a special court formed by India’s BSF on 09/09/2013 acquitted BSF constable Amiya Ghosh of the charge of killing 15 year old Bangladeshi girl Felani at the Cooch Behar frontier. A five-man BSF General Security Forces court headed by DIG (Communication) SP Trivedi, conducted the hearings from August 13 at Sonari BSF camp, near the North Bengal town of Cooch Behar. BSF’s 181 Battalion constable Amiya Ghosh, the prime accused in the case, could not be found guilty due to ‘inconclusive and insufficient’ evidence against him, the court viewed. BSF officials said that the verdict was given on Thursday night and the proceedings of the GSF court were forwarded to the Director General for final approval. “The judgment has made a mockery of justice. It has not only cheated the family of Felani but also the whole nation”-Said most of the international Human Rights Organization & Activists. Case Study: 2 Alauddin Biswas described the killing of his 24 years old nephew who was suspected of cattle rustling (in March 2010). “The Indian Border Security Force (BSF) had shot him while he was lying on his back. They shot him on the forehead. If he was running away, he would have been shot in the back. They just killed him.” The BSF claimed self-defense, but no weapons were recovered.

Case Study: 3 MritunjayMondal shows his injured arm at his home in Char Rajpur Paschim Colony village. He was shot and injured by the Border Security Force. He also lost his right eye in the incident. “Smugglers often operate in this area to take cattle through the border. That day, two BSF constables were chasing some smugglers. I saw them run through the road next to my house and hide. It was dark, so I could not see where they had gone after they ran past me. The BSF men were angry, I think, because the smugglers had got away. They started shooting. One bullet hit the tree next to me, and the other struck me in the arm. I fell down unconscious.” Recent update news on Extra Judicial Killing of Bangladesh-India Border : The incident happened early on Friday at Burirhat border area of the Upazila's Gorhal Union, BGB's Lalmonirhat 15th Battalion Commander Lt Col Ahmed Bazlur Rahman Hayati said. Quoting locals, he said that a group of 25 Bangladeshis had approached the 915 sub 8S pillar at the border to bring the cattle. A patrol team of the Satbhandaria BSF opened fire at them, hitting 38-year old Mohubar Rahman on the head, leading to his death on the spot, Hayati said. Two others who were with him were also shot and injured. They were sent to Rangpur for treatment, he said. Mohubar was the son of Noju Pramanik of Malpara Bogurapara village in Kaliganj. Gorhal Union Parishad Chairman Mahmudul Islam said those who had accompanied Mohubar to the other side to get the cows had brought his body back home.

4.4. Impact on Bangladesh-India Relations: Bangladesh and India, being neighbors have a huge array of disputes. From water to border, from building floodgates to Islands, there is vast number of issues that the two countries do not agree on. The border is one of the main issues of dispute. There are several issues regarding border, demarcation, the change of enclaves, maritime boundary and last but not least border killing. The issue of border killing was not a man problem historically, a people have been crossing border ford decades. The border killing has increased as the bilateral relation between the two countries hut heard roles. On the other hand, border killing has definitely made India Bangladesh relations source. 4.4.1. Possible way out: When I asked the participants what could be a way out of this situation, most of the participants said that bilateral talks at high position of the both governments should be the answer. Other solutions included taking legal actions against BSF (by Indian Government) and legalize border trade. The solutions that were prescribed show variety of solution. Although most of the participants thought that high-level talks could stop border killing, it is the other suggested measures that seemed more legit to me. Legalized border trade can surly do more to solve the problem of border killing. This way it will also be easier for BSF to focus on smugglers, and it will save lives of many innocent Bangladeshi cattle handlers who cross the border only to search a good income. 4.5. Recommendations: Investigate and prosecute all allegations of grave human rights violations by the Border security Force (BSF) and Border Guard Bangladesh (BGB) through an independent body under the auspices of United Nations. The Bangladesh government should commit to preventing illegal trade or the illegal migration of its nationals into India. The Indian government should order its troops to use minimal force in preventing such activities, and restrict the use of lethal force. The Indian government should each establish an independent and impartial commission of inquiry into serious violations of international human rights and humanitarian law by the Border Security Force. Indian Police must register complaints against the BSF in cases of abuses against Bangladeshi nationals. It is the responsibility of the BSF internal courts to deal with abuses by the BSF that the Indian police should not refuse on the grounds. BSF must adhere to guidelines that are down by the National Human Rights Commission to investigate all cases of deaths during security operations. The Indian government needs to do more to ensure accountability for violations committed by the border force soldiers and to ensure compliance with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials” and should “undertake a speedy, fair, and transparent criminal investigation into fresh allegations of killings, torture, and other abuses by the Border Security Force (BSF) at the border with Bangladesh, Human Rights Watch said today. Those against whom there is credible evidence of culpability should be prosecuted as part of an effort to end longstanding impunity for abuses along the border. Considering the widespread tendency to subject local residents at the Bangladesh border to verbal and physical abuse including severe beatings, the government should ensure a transparent system of accountability that will prevent violations in these areas. Finally Establishing an independent and impartial commission of inquiry into serious violations of international human rights law is a must need. This inquiry should invite both Indian and Bangladeshi nationals to submit evidence and bring complaints. The inquiry should be time bound and transparent, and should have the ability to provide protection to witnesses. Publicly order the BGB and other security forces to abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. This requires officials to apply, as far as possible, non-violent means before resorting to the use of force and firearms. Place human rights protection mechanisms for Bangladeshi and Indian border residents at the center of any bilateral dialogue on border issues with India. Ensure that individuals or groups based in Bangladesh that are responsible for violent attacks upon Indian nationals are properly identified and prosecuted. Chapter Five Conclusion: Bangladesh and India are the countries of South Asia and both of them play crucial role in the economic and cultural aspects of the region. As one of the world’s largest democratic countries India should behave accordingly in all respects. And, of course, routinely shooting poor and unarmed villagers is not desired in the modern era of democracy and human rights. The Government of Bangladesh should strongly establish neighbor’s rights with India under the patronization of international community. Without a doubt, the India-Bangladesh border killing is one of the most prominent bilateral issues for both countries. In this region, without the help of its neighbor’s country can proper economically. On the other hand, in this era of free trade and borderless world, killing people simply for crossing the borders are definitely an out of date policy. However, the situation in the India-Bangladesh border is much more complex that it can be predicted from the surface. Cattle trading is not simply the only reason people cross borders nor is killing Bangladeshi people an answer to stopping illegal intrusion. The phenomenon is not simply the rivalry between two nations, thousands of people and their psyche has a lot to do with it too. For hundreds of years Bangladesh and India was part of the same political unit, it is only natural that it will not be changed in some decades. At the same time, it is also true that people around the world are now taking harsher opinion towards migrants, mainly due to the radicalism and economic realities. It is important to keep in mind for all that bilateral and regional multilateral cooperation, respect and sound relation can make a happy, prosper, hunger free South Asia that we dreamt. However, Bangladesh also accepted in this context that it too "needs to motivate its people" not to undertake any illegal act across the border. 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