By Zaidul Haque, TwoCircles.net,
Kolkata: Two Non-Resident Indian children — Abhigyan, 3 years, and Aishwarya, 1 year — were taken away by Norway’s Child Welfare Services in May last year on grounds of “emotional disconnect” and negligence by their parents Anurup and Sagarika Bhattacharya. From chief minister of West Bengal to External Affairs Ministry of Central Government, from local MLAs to parliamentarians, from social activists to child rights activists – all cried so loudly that Norway had to return the kids, originally from Hoogly district of West Bengal. But it’s around one year that five-year-old Ariful Sheikh and his grandparents are in Bangladesh prison for crossing the border on foot without proper documents, but hardly any voice from political circle has been raised.
In Norway’s case, Members of Parliament from West Bengal cutting across party line were crying for release of the two children. On the direction of Chief Minister Mamata Banerjee, some Trinamul Congress leaders had put the issue before the central government. The pressure from West Bengal Government and Union Government secured release of Abhigyan and Aishwarya.
5-year-old Ariful Sheikh of Murshidabad is in Bangladesh prison for I year
Five-year-old Ariful Sheik along with his grandparents has been living in a pitiable condition in a prison in Kushtia of Bangladesh since April 2011. Ariful’s parents are crying for release of their son and grandparents.
TCN talked to Ariful’s maternal uncle Mehbub Rahman regarding Ariful’s case. Mr Rahman told TCN that, Ariful’s mother Kajal Rekha Bibi and father Mr Shafukul Sk are living in Chaltia at Bhakuri, near Baharampur town in Musrshidabad district. Ariful along with his grandfather and grandmother went to visit a relative’s house in Kushtia in Bangladesh, just opposite side of the Indian border. They were caught by Bangladesh Rifles for violating immigration laws. The child and his maternal grandparents Hachimuddin Sheikh (aged about-48 years) and Ms. Mafroza Khatun (aged about-40 years) were convicted for two months under the Bangladesh’s Control of Entry Act and fined 500 Bangladeshi currency. They have now spent ten months in Kushtia jail in Bangladesh, but are yet to be released. Ms. Kajal Rekha Bibi, has been trying hard to get them out of prison. Every day she visited the border official and presented the necessary papers, but they have still not been released.
Commonwealth Human Rights Initiative (CHRI) and in Bangladesh, Bangladesh Legal Aid & Services Trust (BLAST) were following this case with Ministry of Home Affairs, Ministry of External Affairs, High Commission offices of both the countries and also with the prison department of Bangladesh.
Media and Communications officer of CHRI Aditi Saha said, “The latest update on the issue is that the three Indians have been issued release order from the Ministry of Home Affairs in Bangladesh on 15 April 2012. However the repatriation and release order have got caught into bureaucratic red tape between the Bangladesh Border Guards (BBG) at Darshana, district Chuadana, Bangladesh, to whom the boy and his grandparents will be handed over for repatriation and Border Security Force of India at Gede Checkpost on the Indian side in Nadia district where the transfer will take place. We would like the press to give visibility to this cause so that the boy Ariful and his grandparents get reunited with their family in India.”
Another human rights organization `Banglar Manabadhikar Surakha Mancha (MASUM)’ has also been fighting for the child and his grandparents. Secretary of MASUM, Kiriti Ray has filed a petition with the National Human Rights Commission (NHRC) of India on 18th April, 2012. MASUM has alleged that, due to noncooperation of the Border Security Force to receive them from the authorities of Bangladesh, they are still illegally detained in Bangladesh.
MASUM has strongly condemned such illegal detention especially of a child who is totally innocent has been deprived of association of his parents and proper upbringing.
According to MASUM, `Ms. Kajalrekha Bibi, the mother of aforesaid Master Ariful Sk. has already started a fight against all hostility for immediate repatriation of her minor son and parents to India. She already lodged complaints/appeals before the Hon’ble Governor; West Bengal on 27.10.2011, the Hon’ble Chief Minister, West Bengal, the High Commissioner of Bangladesh at India on 09.07.2011, the District Magistrate of Murshidabad on 25.10.2011, Additional Superintendent of Police (DIB) of Murshidabad on 30.05.2011 and Officer in Charge (Judicial Munsikhana) under District Magistrate of Murshidabad on 25.10.2011 with all supportive documents and she appealed for immediate repatriation of the victims and her minor son to India. But till date she is yet to see her parents and her minor son. It is apparent that the unfortunate victims are facing an indefinite stay in jail since their matter of repatriation is not taken up by the Government of India till date.’
In the month of April 2011, the three Indians were apprehended in the territory of Bangladesh. Ariful Sk. is just aged about 5 years (Date of birth-28.12.2006 according to the birth certificate issued by Berhampore Municipality). According to statement dated 18th April 2011 given by the Chairman of No. 8 Piyarpur Union Parishad of Daulatpur, Kusthia, Mr. Mohammad Jaharul Karim Biswas, Mr. Hachimuddin Sheikh along with wife and grandson went to Bangladesh to see his ailing mother. The victims were implicated in a criminal case vide Doulatpur Police Station Case No. 16/11 dated 15.04.2011 (G.R. No. 156 / 2011) under section 4 of The Control of Entry Act,1952 of Bangladesh. Subsequently the victims admitted their guilt before the trial magistrate and they were fined of Rs.500/- each in Bangladesh currency and in default to pay the fine they were to suffer simple imprisonment of two months as per judgment of the trial magistrate. The judgment was passed on 12.5.2011 in G.R. No. 156 / 2011. The trial court (Senior Judicial Magistrate of Kusthia) in its judgment already ordered for repatriation of the victims to India upon fulfillment of the sentence. We have received information that the said amount of fine was also paid on behalf of the victims. But till date the victims are languishing in Kusthia Jail in Bangladesh with their minor grandson.
In case of Abhigyan and Aishwarya, initiative was taken by the External Affairs Ministry of India. While 5-yr-old Ariful is living inside the Bangladesh prison for one year, but no action has been taken strongly by External Affairs Ministry of India or any Member of Parliament of West Bengal. It is also unfortunate that, Chief Minister of West Bengal Mamata Banerjee who had asked External Affairs Ministry of India to pressurize the Norway Government for release of Abhigyan and Aishwarya has not yet spoken on Ariful’s issue.