On January 22, at the Benapole border area in Jessore, India's Border Security Force (BSF) shot and killed 35-year-old Rais Uddin, a member of the Border Guard Bangladesh (BGB). An incident happened when BGB agents tried to stop livestock smugglers from India. Due to heavy fog, Rais Uddin became separated from the team and was subsequently discovered hurt during a BSF shooting. He was treated in an Indian hospital but died from his wounds. Officials from the BGB and BSF met under the flag, and the BSF was served a diplomatic protest letter requesting an impartial investigation.
Since a member of the border guarding force of an independent sovereign nation has died in the hands of the guarding force of its neighbouring country, this incident highlights the complex challenges of border security and the significance of upholding international legal norms and standards in managing cross-border incidents. It serves as a reminder that adjacent countries must effectively coordinate, communicate, and cooperate in order to handle common security problems and avoid border-related disputes. The following matters now come into play:
- Border security and sovereignty: The incident emphasizes how crucial it is for Bangladesh to preserve its sovereignty and have strong border security. It underscores the necessity to stop incidents that jeopardize national security, illegal border crossings, and smuggling operations.
- Bilateral relations: If the murder is not handled with tact and transparency, there may be a strain on diplomatic ties between Bangladesh and India. Diplomatic channels will probably be opened to resolve the issue and stop tensions from rising between the two nations.
- International human rights: The event may give rise to questions regarding the protection of human rights across international borders and the use of fatal force by border security personnel. It might start conversations and evaluations about how closely border security forces follow international human rights norms, including the need for proportionality and the necessity of using force.
- Legal and diplomatic recourse: To hold those responsible for the killing accountable and to stop such instances in the future, Bangladesh may pursue legal and diplomatic measures. This could entail requesting payment to the victim's family, demanding an exhaustive and unbiased inquiry into the shooting's circumstances, and pursuing actions to strengthen border security cooperation between the two nations.
Following the unfortunate event, Bangladesh has various options for handling the situation and attempting to find a solution:
- Diplomatic engagement: Bangladesh should maintain diplomatic relations with India at all levels to handle the situation. This entails holding high-level discussions to voice worries, get explanations, and stress how crucial it is to stop similar occurrences in the future.
- Demand for investigation: Bangladesh ought to make an apparent demand for a comprehensive and unbiased investigation into the shooting's circumstances. Finding out what happened before the shooting, evaluating whether using lethal force was necessary, and holding the murderers accountable should all be the goals of this inquiry.
- Legal recourse and accountability: To obtain justice and accountability for the BGB member's murder, Bangladesh may investigate its legal options. If required, this can entail taking legal action through international forums or processes to ensure that individuals in charge are held accountable under domestic and international law.
- Improved border collaboration: Bangladesh and India should endeavour to improve coordination and collaboration along their shared border to prevent future occurrences of this kind of thing. This might entail carrying out cooperative border patrol projects, exchanging intelligence regarding smuggling, and regularly providing border security forces with training and capacity-building initiatives.
- Retaining calm and preventing escalation: Bangladesh must remain composed and refrain from any acts or statements that might inflame the situation. Respecting each other's sovereignty and territorial integrity, both nations should prioritize finding a peaceful settlement through communication and collaboration.
The tricky bit is to be able to properly handle the situation and stop such instances from happening in the future, while also preserving the ideals of justice, accountability, and respect for human rights. Bangladesh must therefore use a diplomatic, legal, and cooperative strategy.
The deaths of Bangladeshi nationals near the border with India have been negatively characterized as "highly emotive" in Bangladesh. Human rights groups have expressed disapproval of the border fatalities. Bangladesh's Prime Minister Sheikh Hasina expressed her "grave concern" over the border tragedy. But the government's reaction remains inadequate.
All leading to the morning of January 28, when Indian BSF shot and killed Rafiul Islam Tuklu, a 33-year-old Bangladeshi from Dangarpara village in Patgram, at the Angorpota-Dahagram border in Patgram upazila of Lalmonirhat district. Even if the BSF labels the dead as smugglers, they cannot simply kill someone without first ensuring that justice is served.
Zarrin Tasnim Mouri is a Legal Consultant (intern) at National Legal Aid Organization.