Shooting of Felani Khatun

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Shooting of Felani Khatun
Part of Deaths along the Bangladesh–India border
Kurigram, Bangladesh map.jpg
Map of Phulbari including border line highlighted in
   violet
Native name ফেলানি হত্যাকান্ড
DateJanuary 7, 2011;14 years ago (2011-01-07)
Timec. 5:30 am (UTC+6)
Location Anantapur, Phulbari, Kurigram, Bangladesh
Coordinates 26°01′28″N89°35′00″E / 26.024334°N 89.583338°E / 26.024334; 89.583338
Participants Indian Border Security Force
Deaths1 (Felani Khatun)
Accused Constable Amiya Ghosh
Verdict Not guilty

On January 7, 2011, Felani Khatun, a 15-year-old Bangladeshi national, was shot and killed by the Indian Border Security Force (BSF) while attempting to cross the India-Bangladesh border near Phulbari Upazila in Kurigram, Bangladesh. [1] Felani and her father, Noor Islam, were returning to Bangladesh after residing in Assam, India, without valid travel documents. [2]

Contents

The incident was captured in a photograph that showed her body suspended on the barbed-wire border fence. The image, which was widely circulated, became a focal point in discussions about border enforcement practices and human rights concerns. [3]

Background

Felani Khatun (Bengali : ফেলানী খাতুন) was a 15-year-old Bangladeshi girl. Her family had migrated to India seeking better economic opportunities. They resided in Assam, where Felani worked as a domestic worker. [4] In early 2011, the family decided to return to Bangladesh in preparation for Felani's arranged marriage. Without valid travel documents, they opted to cross the border illegally. [5]

Incident

On January 7, 2011, at dawn, Felani and her father attempted to scale the barbed-wire fence using a ladder. During the attempt, her clothing became entangled, leaving her stranded atop the fence. [6] [7]

As Felani struggled to free herself, she was shot by BSF personnel, identified as Constable Amiya Ghosh. [8] Eye witnesses stated that she initially survived the gunshot but succumbed to her injuries while still trapped on the fence. Her body remained suspended for several hours before being retrieved. [9]

Reaction and aftermath

The Bangladeshi government swiftly condemned the shooting of Felani Khatun. Foreign Minister Dipu Moni issued a statement expressing outrage over the incident, calling it a "gross violation of human rights". [10] The Ministry of Foreign Affairs of Bangladesh officially lodged a diplomatic protest with the Indian government, demanding that the responsible BSF personnel be held accountable. [11]

While the Indian government expressed regret over the incident, it maintained that the BSF personnel were acting within the guidelines of border security enforcement. [12]

In a 2021 statement, Human Rights Watch condemned the killing, calling it "excessive use of force" by BSF personnel and called for an independent investigation into the incident and for the Indian government to hold accountable those responsible. [13]

Bangladesh-based human rights organisation Odhikar's President Chowdhury Rafiqul Abrar also condemned the killing and called for immediate justice. [14] Human rights activist, Kiriti Roy called the killing as "a shame for India". [15]

Following the incident, the BSF initiated an internal investigation into the shooting. [16] Constable Amiya Ghosh, the BSF personnel involved, was charged with violating the force’s operational protocols. The case was brought before a BSF General Court Martial (GCM) court, which is responsible for investigating incidents involving BSF personnel. [17]

In 2013, the GSF court acquitted Constable Ghosh, citing a lack of sufficient evidence to support the allegations. This verdict was widely criticized, particularly by Bangladeshi officials and international human rights organizations, who questioned the integrity of the trial process and the accountability of the BSF. [18]

Following this decision, the Bangladeshi government called for a retrial and greater transparency in the judicial process. [19] In 2015, a retrial was conducted. However, the GSF court upheld the original acquittal, stating that the procedural and evidentiary limitations made it impossible to establish guilt beyond a reasonable doubt. [20]

In 2016, the National Human Rights Commission of India asked the Secretary of Ministry of Home Affairs of the Government of India to submit a compliance report with proof of payment with the sum of ₹500,000 in compensation to Felani's family. [21]

Legacy

In 2021, Mahbubul A Khalid along with composer Ahmed Imtiaz Bulbul released a song titled 'Felani' commemorating her tenth death anniversary. [22]

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References

  1. ↑ UNB (7 January 2022). "11 years of Felani Killing: Wait for justice gets longer". Prothom Alo . Retrieved 14 January 2025.
  2. ↑ Rajashri Dasgupta (5 March 2020). "With SC Set to Hear Petition, Killings at Bangladesh Border Back in Focus". The Wire (India) . Retrieved 14 January 2025.
  3. ↑ "Indian verdict disrespect to int'l law: NHRC". The Daily Star . 7 September 2013. Retrieved 14 January 2025.
  4. ↑ "14 years on, Felani Khatun's family still awaits justice". Daily Observer . 7 January 2025. Retrieved 14 January 2025.
  5. ↑ "Seven years of Felani murder: The long wait for justice". Dhaka Tribune . 7 January 2018. Retrieved 14 January 2025.
  6. ↑ "Felani killing: Rights body condemns BSF man's acquittal". The Daily Star . 6 July 2015. Retrieved 14 January 2025.
  7. ↑ "Revision trial in Felani Khatun death case". Business Standard . 13 September 2013. Retrieved 14 January 2025.
  8. ↑ "Felani killing: Parents seek closure as judicial process drags on in India". The Business Post. 8 January 2023. Retrieved 14 January 2025.
  9. ↑ "Felani's hanging body over the road to connectivity". bdnews24.com . 19 January 2021. Retrieved 14 January 2025.
  10. ↑ "'Appeal in Felani case after final verdict'". bdnews24.com . 12 September 2013. Retrieved 14 January 2025.
  11. ↑ "Dhaka protests Felani killing verdict". Dhaka Tribune . 7 September 2013. Retrieved 14 January 2025.
  12. ↑ "Indian govt's promise to end border killings not executed over the years". Daily Observer . 14 January 2025.
  13. ↑ "India: Investigate Alleged Border Force Killings". hrw.org . 9 February 2021. Retrieved 14 January 2025.
  14. ↑ "Odhikar for justice of killings Bangladeshis in border". Bangladesh Sangbad Sangstha . 7 January 2025. Retrieved 14 January 2025.
  15. ↑ "Felani murder a shame for India: Rights activist Kiriti Roy". Prothom Alo . 14 August 2022. Retrieved 14 January 2025.
  16. ↑ "Impunity for border killings must end". The Daily Star . 8 January 2025. Retrieved 14 January 2025.
  17. ↑ "BSF trooper 'not guilty' of Felani killing". bdnews24.com . 6 September 2013. Retrieved 14 January 2025.
  18. ↑ "Acquittal of India border guard in Bangladeshi girl's killing rekindles human rights concerns". Asia Times . 10 July 2015. Retrieved 14 January 2025.
  19. ↑ "BSF authorities order revision trial in Felani murder case". The Indian Express . 15 September 2013. Retrieved 14 January 2025.
  20. ↑ "Felani killing: BSF man acquitted again". The Daily Star . 3 July 2015. Retrieved 14 January 2025.
  21. ↑ "Pay Rs. 5 lakh for death of Bangladeshi teen: NHRC". The Hindu . 28 March 2018. Retrieved 14 January 2025.
  22. ↑ "Mahbubul A Khalid's song commemorates Felani Khatun". risingbd.com. 7 January 2021. Retrieved 14 January 2025.
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