Why India's Push-In Operations into Bangladesh Are Illegal Under India’s Own Law"

As of September 2026, Bangladesh officially says that 2,369 people have been pushed into its territory by India’s Border Security Force (BSF) since 5 August 2024.

According to Bangladesh’s Home Minister, 2,175 of them were handed over to police stations, 11 were returned to the BSF, and 183 were pushed back at the border. At the same time, the BGB also foiled 36 attempted push-ins after the West Bengal Assembly election.  In India, the practice has already triggered at least two major High Court cases—one before the Gauhati High Court involving Mumtaz Begum’s alleged unlawful push-in and another before the Calcutta High Court concerning the detention of a suspected Bangladeshi without due process—reflecting growing judicial scrutiny over the legality of such actions.

A recent and highly sensitive case has raised serious concerns over India's alleged practice of forcibly pushing people across the Bangladesh border without giving them a fair opportunity to prove their citizenship. The Supreme Court of India has issued notices to the Central Government and the Government of West Bengal, seeking explanations after Shaheen Fakir filed a habeas corpus petition. According to the petition, Fakir's mother is an Indian citizen and a resident of Gobindapur in North 24 Parganas, West Bengal. Around 20 years ago, she moved to Mumbai with her husband in search of work, where she was employed as a domestic worker. The petition alleges that she was detained in Mumbai on 19 July, held for more than 100 hours without being produced before a judicial magistrate or informed of the grounds for her detention, and that her family was kept in the dark throughout. She was later handed over to the Border Security Force (BSF) and allegedly forced across the Bangladesh border without any judicial determination of her citizenship, consular assistance, or a meaningful opportunity to present evidence in her defence. After entering Bangladesh, she reportedly received humanitarian assistance from border authorities and managed to contact her family on 31 July. Court documents state that she possesses documentary evidence supporting her Indian citizenship, including her grandfather's name in the 1952 electoral roll and her parents' names in the 2002 voter list. Although her own name was recently removed during a voter roll revision, that matter is currently under appeal before a tribunal in West Bengal.

The case has intensified concerns about whether individuals can be labelled "illegal" without due process, raising broader questions about compliance with constitutional protections, judicial safeguards, and basic human rights principles.

In May 2025, India's Ministry of Home Affairs introduced a Standard Operating Procedure (SOP) directing states and district administrations to identify, detain, verify, and deport alleged illegal Bangladeshi migrants and Rohingya. The SOP requires local police to conduct verification, place suspected undocumented migrants in special holding centres, restrict their movement, and facilitate deportation after administrative processing. The Immigration and Foreigners Order, 2025 was introduced under India's new immigration framework, replacing parts of the older Foreigners Act regime. It expands the government's authority over foreigners by strengthening registration, movement restrictions, detention, and deportation powers while placing significant responsibility on individuals to establish their legal status during immigration proceedings.

The Standard Operating Procedure (SOP) on the deportation of alleged illegal Bangladeshi migrants and Rohingya, together with the Immigration and Foreigners Order, 2025, has drawn significant legal and procedural criticism because it grants authorities broad detention and deportation powers while reportedly providing insufficient opportunities for individuals to challenge their classification as foreigners. Critics argue that the verification process has, in some cases, resulted in wrongful deportations of Indian citizens, while Bangladesh has objected to instances where people were pushed across the border without prior bilateral nationality verification. Human rights organisations have also raised concerns over arbitrary detention, coercive removals, and inadequate legal safeguards, and the deportation of Rohingya has been questioned in light of the international principle of non-refoulement, which discourages returning people to places where they may face persecution. Collectively, these shortcomings have fueled concerns that the framework may undermine due process, increase the risk of mistaken deportations, and create friction with established international human rights standards.

Along with that, the alleged practice of forcibly pushing suspected Bangladeshi migrants across the border without completing a fair nationality determination process appears to be in tension with the constitutional safeguards embodied in Articles 14, 21, and 22 of the Constitution of India. Article 14 guarantees equality before the law to “any person,” while Article 21 protects the life and personal liberty of “no person” except through a fair, just, and reasonable procedure established by law—protections that the Supreme Court has repeatedly held apply even to foreigners. Article 22 further requires that an arrested person be informed of the grounds of arrest, be allowed legal representation, and be produced before a magistrate within 24 hours, except in constitutionally recognised exceptions. Recent Supreme Court rulings have also emphasised that citizenship disputes carrying serious consequences such as detention or deportation must be resolved through a lawful and non-arbitrary process. Therefore, if individuals are pushed across the border without meaningful verification, an opportunity to be heard, or compliance with these procedural safeguards, such actions raise serious constitutional concerns regarding due process, equality before the law, and protection against arbitrary deprivation of liberty.

Several human rights organisations have alleged that Indian authorities have, in some cases, forced Bengali-speaking people—particularly members of Muslim minority communities—into Bangladesh without following proper legal channels, citizenship verification procedures, or established repatriation mechanisms. Human Rights Watch has documented allegations that ethnic Bengali Muslims in West Bengal were pushed toward the Bangladesh border without due process, raising concerns over arbitrary deportations.  Similarly, Ain o Salish Kendra (ASK) has criticised alleged push-in practices involving women, children, and elderly people, arguing that such actions violate human dignity and international human rights standards by bypassing lawful immigration procedures.

Finally, India is often not given adequate time or a fair opportunity to prove that they are Indian citizens. Finding another precedent anywhere in the world for such a practice would be astonishing. Yet this is precisely what is alleged to be happening in India, making it a deeply condemnable practice that raises serious concerns about due process, human dignity, and the rule of law.

Sent-In By: Md. Al-Amin 

Amin is an educator. He completed his post-graduation from the Department of International Relations at Rajshahi University,Bangladesh. His research interests are Diplomacy, Foreign policy, Border conflicts, and Security issues.

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