7 Bangladeshi juveniles are languishing in Indian Home, even after completion of their terms


28th November 2012

 

To

The Hon’ble Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi – 1

 

Hon’ble Sir,

 

We write to draw your attention to the situation that seven minor boys (details are furnished in the list herein below) areillegally detained in ‘Anandashram’ Home, an observation home for children in conflict with law in Berhampore, West Bengal. They were arrested long back and framed under penal charges.

 

Information has been received that enquiry against them has already been completed under the Juvenile Justice (Care & Protection of Children) Act, 2000. But till date they have been detained in the home in violation of sections 38 and 39 of the Act.  

 

Section 38 & 39 of the Juvenile Justice (Care & Protection of Children) Act, 2000 states that—-

 

Section 38- Transfer. – (1) If during the inquiry it is found that the child hails from the place outside the jurisdiction of the Committee, the Committee shall order the transfer of the child to the competent authority having jurisdiction over the place of residence of the child.

(2) Such juvenile or the child shall be escorted by the staff of the home in which he is lodged originally.

(3) The State Government may make rules to provide for the travelling allowance to be paid to the child.

 

Section 39- Restoration. – (1) Restoration of and protection to a child shall be the prime objective of any children’s home or the shelter home.

(2) The children’s home or a shelter home, as the case may be, shall take such steps as are considered necessary for the restoration of and protection to a child deprived of his family environment temporarily or permanently where such child is under the care and protection of a children’s home or a shelter home, as the case may be.

(3) The Committee shall have the powers to restore any child in need of care and protection to his parent, guardian, fit person or fit institution, as the case may be, and give them suitable directions.

Explanation.- For the purposes of this section “restoration of child” means restoration to-

(a) parents;

(b) adopted parents;

(c) foster parents.—-

 

 

The children are eligible for immediate release and should be repatriated back to Bangladesh at the earliest in co-ordination with the respective High Commission.

 

We request you to look into this matter and take immediate steps towards his release in coordination with the government of India and initiate the process of repatriation so that the child can go back to his country without delay.

It has been months now that the children are still in the observation home and we fear that he will face indefinite stay if urgent action towards his release and repatriation is not taken.

 

We urge you to take the following action at the earliest:

  • Coordinate with Ministry of External Affairs & Ministry of Home Affairs,  Government of India; Government of West Bengal and Juvenile Justice Board, Berhampore, Murshidabad, West Bengal to take immediate steps towards release and restoration of the children
  • Provide consular services and a lawyer for the children in case the children have no legal representation.
  • Initiate action towards repatriation of the children so that the children can be sent back to the home country as soon as the child is released.
  • Ensure safety and rehabilitation of the children post release and post repatriation in lieu of the difficult time spent in a custodial setting in an observation home for months now.
  • We also urge that proper and effective steps should be taken from now on so that no child arrested  either by police or Border Security Force under the Foreigners’ Act’ is detained in custody and they must immediately be sent to their homes.  

 

We hope that you would share our concern for the children towards their safety and well-being in order to avoid any circumstance that leads to injustice.


Kindly acknowledge receipt of this letter.

 

Thanking You

Yours truly,

 

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

          Name and details

Name & Father’s name Address Age Date of arrest Case reference Sections charged
Jamil Hossain, s/o Mr. Ajahar Ali village – Bhabanipur, Post Office- Dubal Hati, Police Station and District- Nowgaon, Bangladesh 16 years 20.11.10 Habibpur Police Station Caseno.188/10, dated 20.11.12 U/S 14 (a) (b) of Foreigner’s Act
Helal Ali, s/o Mr. Asraful Ali village +Post Office- Char Alatuli, Sarkarpara, District- Chapai Nawabgunj, Bangladesh 13 years 25.05.11 Lalgola Police Station Case no. 242/11 dated 25/05/2011 U/S 14(a) and (b) Foreigner’s Act
Selim Sekh, s/o Mr. Sadek Sekh Village -Tarapur P.O. Sahapur Police Station-
Shibgunj, Dist-Chapai Nawabgunj, Bangladesh
17 years 20.08.11 Baishnabnagar P.S. Case no-206/11
dated 20/08/2011
U/S 14 (a) and (b) Foreigner’s Act
Abdul Jabbar, s/o  Mr. Rabiul Islam Village- Bhuglaori Pakhiyapara, P.O.Babupur Police Station- Shingong District-  Chapai Nawabgunj, Bangladesh 17 years 27.08.11 Baishnabnagar PS  Case no 215/11 dated 27/08/2011 U/S 279/411 of
Indian Penal Code and 14 (a) & (b) Foreigner’s Act
Anarul Islam, s/o Mr. Safiqul Islam Village Sahapara ,Police Station- Shibgunj, District Chapai Nawabgunj, Bangladesh

 

 

 

16 years 24.08.11 Baishnabnagar P.S. Case
no.210/11 dated 24/08/2011
U/S 14 (a) and (b) Foreigner’s Act
Borjahan Ali, s/o Md. Islam Ali village Nomo Jaganathpur P.O – Hasanpur,  P.S- Shibgunj Dist-Chapai Nawabgunj, Bangladesh 17 years 07.09.11 Baishnabnagar
PS Case no. 233/11 dated 7/9/2011
U/S 14 (a) and (b) Foreigner’s Act
Abubakkar Siddique, s/o Late Arsad Ali Village Thutapara, P.O- Sahapur,P.S- Shibgunj, Dist –  Chapai Nawabgunj, Bangladesh 17 years 02.01.12 Baishnabnagar PS Case no.  4/12 dated 02.01.12 U/S 447/332/353/34of Indian Penal Code, 3 of The Prevention of Damage to Public Property Act and 14 (a), (b) and (c) Foreigner’s Act

 


Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

 

3 comments on “7 Bangladeshi juveniles are languishing in Indian Home, even after completion of their terms

  1. Pingback: A minor boy was throttled, tortured by police at Serampore, Hooghly « kracktivist

  2. Pingback: Immediate Release-Disappearances from ‘Uttarpara Destitute Home for Female’ Incident #Vaw « kracktivist

  3. Pingback: #India- People are being denied entry to their land for cultivation by BSF #Humanrights #livelihood « kracktivist

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s