11 children 10 women of Bangladesh now in Indian prison.Govt of India's guidelines are not maintained in West Bengal. IMPUNITY

Kirity Roy<> / 23 February 2017 at 09:05
To: "Justice Shri H. L. Dattu" <>,
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DM North 24 Pgs <>, MHA JS Human Rights <>, Pro Bsf <>, SdoBasirhat <>, "Secretary, Women and Social Welfare WB" <>, SP North 24 Parganas <>, UN SR Migration <>, UN SR On Trafficking <>, UN SR Poverty <>, OHCHR <>, Home Ministry <>, `State Minister For Home Affairs Of Bangladesh <>, "Indian High Commissioner, Bangladesh" <>, Bangladesh Dy High Commission <>

To23 February 2017

The Chairman

National Human Rights Commission of India

ManavAdhikarBhawan
Block-C, GPO Complex, INA,New Delhi – 110023

Respected Sir

I want to draw your attention regarding the continuity of illegal arrests, illegal detentions and subsequent judicial remands of Bangladeshi women and children to regular prisons; violating the Government of India’s order. In this context, I want to bring into your notice regarding the office memorandum No. 14051/14/2011-F.VIof Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012. In this memorandum it has been clearly stated that“(IV) it is seen that in general, the foreign victims of human trafficking are found without valid passport or visa. If, after investigation, the woman or child is found to be a victim, she should not be prosecuted under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge in crime out of her own free will, the State Government / UT Administration may not file a charge sheet against the victim. If the charge sheet has already been filed under the Foreigners Act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned. Immediate action may be taken to furnish the details of such victims to the Ministry of External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned is repatriated to the country of her origin through diplomatic channels” and (v) During the interim period, pending repatriation, the victim may be taken care of in an appropriate children’s home, or “Ujjawala” home or appropriate shelter home either of the State Government concerned or of any NGO aided by the Government of India / State Government.”

In this recent incident, the following mentioned Bangladeshi citizen were arrested by Swarupnagar Police Station; while they were on their return journey to Bangladesh after engaged in various jobs at Guajarat in India. They don’t have any connection with trafficking or illegal activities. On 3rdDecember 2016, they were on their way to Bangladesh border through BithariHakimpur under Swarupnagar police station, District – North 24 Parganas.

At around 4.55 am, their vehicle was stopped by the police personnel of Swarupnagar Police Station and they were arrested. A criminal case has been initiated against them vide Swarupnagar Police Station Case No. 936/16 dated 3.12.2016 under sections 14/ 14C of Foreigners Act. They were brought to Sharapul Rural Hospital for mandatory medical examination and then produced before Basirhat Additional Chief Judicial Magistrate’s court. The Magistrate sent the women and children to Dumdum Central Correctional Home and male accused to Basirhat District Correctional Home. Though the initial remand was for 14 days, they are still languishing in the prison.

The Name and other details of Bangladeshi Women and child

Sl No / Name of Women / Name of Husband / Address / Number of minors/ baby with names
1 / MoniraBegam (25 years) / MonirSeikh / Village- Terokhada, District- Khulna
Bangladesh / 3
i)Simulseikh (10 years)
ii)MehrabSeikh (7 Years)
iii) MohiniSeikh (3 years)
2 / Monika Begam (40 Years) / HarunbaiSeikh / Village- Passkoune
District- Norail
Bangladesh / 1
i)SumirSeikh(6 years)
3 / RinaBegam (45 Years) / DaudSeikh / Village- Baupur
District- Norail
Bangladesh / 1
i)Sultana Seikh (7Years)
4 / Tania Begum (19 Years) / SimalSeikh / Village- Peroli
District- Norail
Bangladesh / No
5 / ParveenSeikh (23 years) / Rasibulseikh / Village- Bander Char
District- Norail
Bangladesh / 1
i)Harman Seikh(5years)
6 / RojinaSeikh (26 years) / NajmulSeikh / Village- Bander Char
District- Norail
Bangladesh / 1
i)NajimSeikh(7years)
7 / RokeyaBibi (60 years) / FulMian / Village- Chotokali
District – Norail
Bangladesh / NO
8 / Hira Begum (40 Years) / Late Milan Seikh / Village- Uttoli
District Jassor
Bangladesh / NO
9 / Firoza Begum / TallebSeikh / Village- Terokhada
District- Khulna
Bangladesh / NO
10 / AfsanaSeikh / RibiulSeikh / Village- Barput
District- Norail
Bangladesh / 4
i)AminaSeikh (8years)
ii)SukurSeikh (6Years)
iii) RakhiSeikh (3years)
iv) RahulSeikh (10 Years)

In this connection, I want to remind you that this is in continuance of my successive complaints over the issue; but sorry to say that, no recourse measures have been taken by the Commission. I made complaints to different authorities over the issue but none take pain to acknowledge my complaints, except a communiqué from the District Magistrate of 24 Parganas (North). In this regard, I seek your urgent intervention to facilitate release of the mentioned women with their children from the regular prison or their relocation to government run women homes till their repatriation; in accordance to the office memorandum No. 14051/14/2011-F.VIof Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012 and role of the police personnel of Swarupnagar Police Station and the concerned Magistrates must be investigated as they violated the order of Ministry of Home Affairs (Foreigners Division) Government of India and take a proper step to repatriate them on urgent basis.

Thanking You

Yours truly

Kirity Roy

Secretary, MASUM

National Convenor, PACTI