SC seeks clarity on bias against Bengali speakers in citizenship checks
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The Supreme Court on Friday asked the Union government if authorities were treating a person’s language as proof of being a foreigner.
A bench of Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi raised the question while hearing a plea by the West Bengal Migrant Workers Welfare Board. The petition alleged that Muslim migrant workers from West Bengal were being detained on unverified claims of entering India illegally from Bangladesh.
Justice Bagchi asked Solicitor General Tushar Mehta, “We would like you to clarify the bias – the use of a language as a presumption of being a foreigner.”
The bench also asked whether citizenship could be decided on the basis of the language a person speaks.
Concerns about such detentions have been repeatedly raised by the Trinamool Congress.
Since the April 22 Pahalgam terror attack, police in several BJP-ruled states have detained Bengali-speaking persons, mostly Muslims, asking them to prove they are Indians. Reports said that some were forced into Bangladesh after failing to prove their citizenship. A few deported individuals later returned when state authorities confirmed they were Indian.
Advocate Prashant Bhushan, representing the petitioners, said that a woman had been deported only because she spoke Bengali.
He said the Calcutta High Court had adjourned her case after being informed of the pending plea in the Supreme Court. Bhushan told the bench, “They are saying Bengali language is Bangladeshi language. And therefore, those speaking Bengali language must be Bangladeshi.” He added, “You can’t push anyone to another country without that country agreeing to accept them.”
The bench noted that security forces could repel individuals at the border. But once someone was inside Indian territory, legal procedures had to be followed.
Mehta questioned why organisations, and not affected persons, were moving court. He said, “But India is not the world’s capital for illegal immigrants. There is a system in place. They won’t come because the moment they come, they will have to explain their legal presence in India.”
He also claimed that certain organisations and governments “were thriving on illegal immigrants.” He added that the Centre was ensuring “these immigrants don’t eat away our resources which we can divert to our own citizens.”
Mehta asked the Supreme Court to tag the case with a pending petition concerning the Rohingya community. The bench listed the matter for September 11 and directed Mehta to file replies to both petitions.