A Bangladeshi Hindu mother, sentenced for two months jail, languishes in Silchar Central Jail for 23 months along with her two children cursing her fate as Hindu Bengali. No human rights activist comes forward for their rescue
Jyoti Lal Chowdhury from Silchar
Here is the sad tale of a mother and her two children languishing in Silchar Central Jail for the last 23 months. This came to light only recently from an authentic inside source. The two children, Gobinda Biswas and Gopal Biswas, along with their mother Archana Biswas have to suffer for no fault of their own. In fact, their mother was convicted for a period of 2 months only after being declared a Bangladeshi by the CJM Court of Karimganj. Her period of sentence was over on November 13, 2014. Quite pathetic, her husband Dayamoy Das remains untraced, perhaps, deliberately to avoid being detained by the police. All of them hail from the village of Madhu Dutta Khalpar under Jakiganj police station of Sylhet, just across the river Kushiara that divides the border of Bangladesh with Karimganj. According to a human rights activist, their detention is in flagrant violation of all canons of justice and against humanism. In this hour of extreme distress, there is no information about the father of the children.
It is really unthinkable why Gobinda Biswas and Gopal Biswas should continue to suffer who have only to curse their fate as Hindu Bengalis, the most unfortunate victims of Partition of the country. According to the standing rules and regulations in respect of the foreign nationals, those convicted of being aliens are required to be deported immediately after their period of sentence is over. On humanitarian and compassionate grounds, the children who are compelled to rot in the camp at their age have to be sent to their native home so that they are able to grow and live like any other children of their age freely and without fear. Keeping these children within the four corners of the jail would deprive them of their participation in creative and constructive activities, proper education, physical and mental growth. Their detention along with mother for long 23 months even after expiry of their sentence tells upon the blind alleys of denying legal and natural justice to them.
The plight of the mother and children can also be understood from the fact that except being provided with meals twice a day in the noon and in the afternoon, nothing else like snacks, bread or even tea are served to them. It means they have to remain in hunger for a period of seven hours. Still pathetic, these innocent children have nothing to read or learn as one teacher deputed for education to the inmates in general retired from service on August 31, 2015. After that and till now no teacher has been appointed or deputed for the Central Jail.
For these children, on grounds of sympathy and considering their future, arrangement has to be made to enable them to read and learn the basics of education. As it is proved under the law of citizenship that mother and children come from Bangladesh, the Deputy Commissioner and the Superintendent of Police, Cachar, should have moved the Commissioner of Home, Inspector General of Prison and Ministry of External Affairs to take up the matter with the Embassy of Bangladesh, New Delhi. But surprisingly, no such move has been made till date as learnt by this scribe.
Fellow inmates irrespective of their caste and creed taking pity on the mother and children have been extending all possible help to keep them in good spirit and health. Children in particular are being taken care of not only with love and affection but also with food items. They also try to make them learn all that is needed for their primary and basic education. In fact, it is the affectionate and sympathetic attitude of both male and female prisoners which is making them oblivious of their pains and agonies of living in the central jail, turned into detention camp.
It is not only the mother and two children, there are as many as 63 declared foreigners lodged in the Central Jail who have already served out the period of sentence. 52 of them have admitted as the nationals of Bangladesh and Myanmar. It has been learnt from the inside source that presently 555 prisoners were jailed having been charged and convicted under various sections of laws. Among them are hardcore criminals and extremists. It goes against the basic law of justice and humanity to keep the suspect foreigners like mother and her two children with convicts and terrorists. Moreover, the Central Jail is crammed with prisoners against its capacity of 435 only.
It is also unfortunate as revealed that the life convicts who have completed their period of sentence and prayed for parole have not received any reasonable or sympathetic consideration. The Superintendent of Central Jail, as learnt, has forwarded the list of life convicts to the higher authorities for consideration and the response is awaited. Human rights activists have demanded immediate deportation of the foreign nationals who have completed their period of sentences. Their detention is increasing the number of prison population, much to the inconvenience to one another. Moreover, the government has to cough up lot of money on their maintenance. Their continuous detention is also violating their human rights.
Knowledgeable circles raise the pertinent question. ‘How can the foreign nationals be sent to their native countries when the Government of India does not have any treaty with them to take back their citizens?’ As is the practice, they will be pushed back through the border to the ‘no man’s land’ to be lost in the multitude and make passage of their own to chart out their destiny.
Hindu Legal Cell, Cachar district unit, has filed a case before the Chairperson, National Human Rights Commission, New Delhi, in the matter of gross violation of both legal and human rights by the Government of Assam for detaining the persons under Foreigners’ Act of 1946 and other related laws in detention camp. It has been pointed out that the declared foreigners under the said Act cannot be kept with under trial prisoners and convicts. But, it has happened and the Hindu Legal Cell has cited specific instances of detainees under the Foreigners’ Act in detention camp which is a gross violation of both legal and human rights.
The National Human Rights Commission referred the case to Human Rights Commission of Assam for hearing the views of Hindu Legal Cell and all those concerned. There were two sittings between the Commission and the Cell, but till date nothing concrete has emerged. The detention camp continues with the detainees with no immediate hope of any relief. However, moved by the pitiable condition of mother and her two sons, Md. M H Barbhuiya, secretary, District Legal Services Authority, Cachar, took up their cases with the state government which has agreed to take care of the children. Still the question remains what will happen to mother? Let’s hope and believe she will not be left in a lurch.
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