Tuesday, April 29, 2014

Can #Modi send the illigal Bangladeshis back after May 16th?




 In India, the lack of documentation and the ethnic similarity between Indian and Bangladeshi population creates trouble in getting close to any actual figure. The most reliable figure produced from Indian side is from the Census report. It reports the number of people of Bangladeshi origin (i.e. place of birth is in Bangladesh) to be 3.08 million (Total 5.1 million and 2.5 million in West Bengal). So, this becomes the official figure of Bangladeshis living in India. However, one should remember that India had treaties with Pakistan and subsequently with independent Bangladesh to legalize Bangladeshis in India who entered the country before 25th March, 1971. Most of these population had actually migrated to India before 1971 and thus they are legal Indian citizens now.

A more detailed look at the same data provides some detailed insight. The number of Bangladeshis who migrated to India (thus deemed to be illegal) in last 20 years amount to around 880,000 among whom 600,000 came between 1981 and 1991, where only 280,000 came between 1991 and 2001. This drop of 53% can clearly be explained by growth of Bangladesh economy and establishment of democracy in Bangladesh.


The Supreme Court of India struck down the IMDT Act in Assam in 2005. Citing documentation, the court said that 489,046 persons were deported between 1983 and November 1998 from West Bengal under the Foreigners’ Act. On the contrary, IMDT was able to deport only 10,000 persons although 300,000 more allegations were in process.
The IMDT Act and the Rules clearly negate the constitutional mandate contained in Article 355 of the Constitution, where a duty has been cast upon the Union of India to protect every State against external aggression and internal disturbance. The IMDT Act, which contravenes Article 355 of the Constitution is, therefore, wholly unconstitutional and must be struck down.The judges said the impact of such large-scale illegal migrants not only affected Assam but also other north-eastern States as the route to these places passed through Assam. The Bench said the influx of Bangladeshi nationals into Assam posed a threat to the integrity and security of the north-eastern region.

A word of caution for whoever reads too much into the Foreigners’ Act because it is used not only for deporting illegal entrants, but also persons who overstayed in India. Unless we have a detailed documentation or break up on who was deported for what, any conclusion from this data can be misleading. Due to bureaucracy, a lot of Bangladeshis who come to visit India have to overstay as getting long term Indian visa is a nightmare for them.