SHILLONG, Aug 30: The Voice of the People Party (VPP) on Friday demanded that three BSF personnel, who had allegedly molested a minor girl in Kuliang of East Jaintia Hills in June, should be tried in the POCSO court.
Moving a call attention notice in the Assembly, VPP’s Mawlai legislator Brightstarwell Marbaniang said as per media reports, a woman from Kuliang village had accused the BSF personnel of molesting her 15-year-old daughter and assaulting her husband on the night of June 19 and which continued till the wee hours of June 20.
Stating that the allegation is very serious in nature, Marbaniang said the case should be dealt with by a POCSO court. He said the Act protects children from sexual abuse and sexual misconduct.
“As far as the POCSO Act is concerned, the Security Force Court has no jurisdiction. If any BSF personnel are accused of the commission of an offence under the POCSO Act, then it has to be tried by the POCSO court,” Marbaniang categorically stated.
Referring to a video clip circulating on social media, he said it is there for everyone to see how the BSF personnel behaved with people in the border areas.
“And what is disturbing is that these BSF personnel were seen in civvies. They should have been in their uniform as mandated while performing duties. It is very difficult to really know if they are security personnel or gangsters,” the VPP legislator said.
He mentioned that the BSF is guided by the BSF Act of 1968 and Section 46 of the Act specifically deals with civil offence, where the guilty shall be liable to be tried by a Security Force Court.
He said this is one of the reasons why BSF personnel sought refuge under the BSF Act on many occasions after committing wrongs. Marbaniang said the BSF’s main objective is to prevent cross-border crimes and unlawful entry into or exit from the country. The function of the BSF is to promote a sense of security among people living in the border areas, he added.
“But what we have witnessed so far in our state is just the opposite. You will often find that the BSF personnel, instead of creating or bringing about a peaceful atmosphere in the border areas, have created nuisance and law and order situation,” he said.
In his reply, Deputy Chief Minister Prestone Tynsong said the investigation into the alleged attack by the BSF is complete and the chargesheet is ready.
Tynsong, who is also the Home Minister, said a case was registered with the Khliehriat Woman Police Station with charges filed under Sections 457, 236, 354, 384, and 34 of the Indian Penal Code, read with Sections 7 and 8 of the POCSO Act.
He said the complainant and the alleged victims were examined on June 20 and their statements were recorded. All necessary steps – medical examinations, visits to the place of occurrence and the collection of evidence – were taken as per the law, he added.
