Geographically Bangladesh and India are the two neighboring countries of South Asia. The total length of border is about 5138 kilometer with 4427 kilometer land border and 711 kilometer water border. Bangladesh has 4156 kilometer common border with India.
On the other hand, 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 country has various cultural fests together that is the celebration of 150th birth anniversary of BisshoKobi Rabindranath Tagore, sports activities etc.
The economic, in particularly, trade issue between the two countries has been growing rapidly since the early 1990s. Both the countries have bilateral issues from the emergence of them but amongst various issues between Bangladesh and India, border issue has been come in the front line because of border killing, smuggling, trafficking, abducting and torturing by the Indian Border Security Force (BSF).
On April 25, 2016 Bangladeshi Home Minister Mr. Asaduzzaman Khan Kamal mentioned that 146 Bangladeshis were killed by BSF in the past four years. In reply to a question in Parliament, honorable minister mentioned that 24 Bangladeshi were killed by BSF in 2012. 24 in 2013, 18 in 2014 and 38 Bangladeshi were killed by BSF in 2015. In the last year (2016) until September, at least 12 Bangladeshi have been killed by BSF.
According to statistics of Odhikar (a human rights based organization of Bangladesh), at least 20 unarmed Bangladeshi civilians were killed and 29 were injured by BSF along borders in the last five months of 2016. Odhikar also said, at least 15 incidents of rapes were reported in 15 years along the border. 35 Bangladeshis were killed and 68 were injured in 2014 while 29 were killed and 79 were injured in 2013, 38 were killed and 100 were injured in 2012.
In the current year (2017) until 1-31 January, 2 Bangladeshi have been killed, 2 have been tortured and 5 have been abducted by BSF. Recently the USA based news agency the Global Post reported that, 'Border line between Bangladesh and India is the worst border line in the world.'
The Indo-Bangla border line is used for both lawful and unlawful or illegal transaction. Lawful and legal transactions are caused through different land port across the border. Many times the border line is used as a route of smuggling cattle (especially cow) and livestock; food items; medicine and Phensedyl (currently very harmful drug) from India to Bangladesh. On the other hand, fertilizer, diesel, fish, insects killer etc. are being smuggled from Bangladesh to India. Moreover, illegal immigrants from both sides cross the border line in search of improving their lives.
But the matter to be noted that BSF, in the name of maintaining border line or checking illegal immigrants of preventing cross border terrorism or preventing smuggling, shoot Bangladeshi to kill. Even Bangladeshi farmers are tortured of abducted or to be shot by BSF while working their land that adjacent to Indo-Bangla border line.
According to the Article 3, 4 and 5 of the Universal Declaration of Human Rights, 1948 all these are treated as inhuman treatment. In term of executing judgment, BSF kill Bangladeshi citizens in the border line and they turned border area into a bloodiest border line though use of lethal force or lethal weapons that should not be used in the border area except where strictly necessary to protect life. BSF is not only engaged in killing innocent Bangladeshi but also thy are engaged to detain, torture, fatal beating, abducting strangling and stoning Bangladeshis.
In this situation and in order to improve border and bilateral relation between two countries some paces should be implemented. i.e. (a) To demarcate absolutely and properly entire border line between two countries. In order to demarcation of entire border line Joint Border Commission ought to be established; (b) A Joint Human Rights Commission should be established to act as human rights watch dog in the border area for the protection of human rights; (c) The Govt. should protest strongly against human rights violations on Bangladeshi citizens by BSF; and investigate all violence and demands from the Indian Government adequate compensation for the families of the victims and trial and punishment for the perpetrators; (d) The Bangladesh Government should also ensure the safety and security of the Bangladeshi citizens residing at the border areas; (e) Human rights values of border forces should be improved by mean of participation in different human rights sessions; (f) Soft border diplomacy should be introduced between two countries; (g) Fulfilling the claims of 1974 border treaty; (h) Immediately stop shoot-at-sight policy of BSF and alleged BSF soldiers should be trialed; (i) Both governments have to initiate development policies which can mitigate basic needs at the poverty stricken border regions.
(J) Cross-border trade should be increased to avoid border smuggling k) The Indian Govt. should establish an independent and impartial commission of inquiry into serious violations of international human rights and humanitarian law by BSF; (l) Given the continuing failure of the internal justice system to prosecute members of BSF for human rights abuses, personnel of all ranks implicated in serious rights abuses should be fully and fairly prosecuted in civilian courts, (m) All legal provisions providing effective immunity to security forces, including in the recent Prevention of Torture Bill, should be repealed
After all, the practice of killing in the border area must be stopped at any cost. Bangladesh govt. should strongly establish neighbor rights with India under the patronization of international community. 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-which all of we dreamt.
The writer is an Associate Professor, Department of Law, Daffodil International University
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