– Mohd. Naushad Khan
The Supreme Court of India on August 14 took a pivotal step in what many term as one of the most pressing constitutional crises of our time. A bench comprising Justices Surya Kant and Joymalya Bagchi agreed to hear a public interest litigation (PIL) challenging what it described as a disturbing pattern: Bengali-speaking migrant workers across India being detained, and in some cases deported, on mere suspicion of being “illegal Bangladeshi immigrants”.
Though the Court refused to pass an interim order, it issued notices to the Union Government and up to nine state governments, urging them to respond to allegations of widespread profiling, indiscriminate detention, and systemic failure in verifying identity. The Court cautioned that any relief must avoid blanket amnesty, but its decision to hear the matter marked a significant shift, suggesting the situation is not isolated, but symptomatic of deeper legal and constitutional neglect.
The urgency of the matter found a face in 19-year-old Amir Sheikh from Malda, West Bengal. Detained in Rajasthan in June 2025, Amir was allegedly deported across the border to Bangladesh after being mistaken for an “illegal immigrant”. His cries for help were caught on video, sparking national outrage.
After weeks of intervention by Malda Dakshin MP Isha Khan Choudhury and pressure from the media and civil society, Amir was brought back to India – traumatised, confused, and symbolic of a growing crisis.
“This isn’t just about one boy,” said Choudhury in Parliament. “If a young man from Malda, with valid documents, can be thrown out of the country based on his accent or name, who is safe?” He demanded a clear chain of custody and accountability from central agencies. Her campaign has gained traction, as more Bengali-speaking migrants across northern and western India report harassment, detention, and even violence.
The crux of the issue lies in three dangerous trends:
Suspicion Equals Detention: Under the Foreigners Act, suspicion alone can justify detention. In practice, this is often triggered by accents, names, or even clothing.
Inadequate Verification Systems: For migrant labourers, identity verification across states is fraught with obstacles. A ration card issued in West Bengal often doesn’t suffice in Rajasthan or Haryana. Employers don’t issue formal IDs, and a dead phone can erase the only record of citizenship proof.
No Due Process in Deportations: Without legal scrutiny or consular coordination, some detainees have been “pushed” across borders. When Bangladesh denies nationality, such individuals can be left in detention indefinitely.
The PIL urges the Supreme Court to mandate a uniform, real-time identity verification mechanism accessible across states – something as simple as a police thāna being able to validate Aadhaar, Voter ID, or ration card credentials from any district in India.
West Bengal Chief Minister Mamata Banerjee has accused BJP-led states of targeting Bengali-speaking migrants and enabling “NRC by stealth.” Citing the Special Intensive Revision (SIR) of electoral rolls, she warned of bureaucratic overreach and linguistic bias. “Language cannot be grounds for being labelled a foreigner,” she said, vowing to defend every Bengali-speaking worker’s right to dignity.
According to government data, 2,476 Bengali-speaking migrant workers have returned to Bengal, many fleeing violence, detention, or fear in states like Haryana, Maharashtra, Uttar Pradesh, and Gujarat. The exodus has reshaped public discourse in Bengal, with the government offering jobs, social security, and refuge – symbolized by Banerjee’s emotional declaration: “Even if we have only one roti, we’ll share half.”
Meanwhile, BJP leaders have countered, accusing Trinamool Congress of shielding “illegal immigrants” and enabling document fraud. This political tit-for-tat is now influencing ground-level policing: districts, wary of media and political backlash, often default to detaining first and verifying later.
On August 13, a coalition of academics, activists, and researchers led by the Calcutta Research Group (CRG) and Know Your Neighbour (KYN) held a press conference at the Calcutta Press Club, warning of rising linguistic and religious profiling.
The groups presented field reports from multiple state, including Gujarat, Haryana, Maharashtra, and Delhi, where Bengali-speaking workers, often Muslim, had been detained despite having valid Aadhaar and Voter IDs. In several cases, they were unable to contact families for days. Speakers described forced deportations, custodial violence, home demolitions, and in extreme cases, murder.
One returning migrant, Sabbir Alam, had both legs broken – allegedly by police in Haryana. Another, Abu Bakkar Mandal, was found dismembered in Maharashtra. These cases are no longer outliers. They are mounting evidence of what speakers called a “national profiling crisis.”
Their demands include:
Immediate halt to arbitrary detentions and deportations;
Inter-state identity verification protocols;
A bar on using language as a proxy for nationality;
Official recognition of migrants in central trade union and labour databases; and
An all-party fact-finding mission to affected areas.
“The Constitution protects the right to movement, work, and identity,” said Sabir Ahamed of KYN. “But for Bengali-speaking workers, especially Muslims, these rights are under siege.”
The fragile situation escalated on August 15 when Assam Chief Minister Himanta Biswa Sarma claimed that Bengali-speaking Muslims posed an “existential threat” to Assam. Labelling them “infiltrators” involved in “land jihad,” Sarma declared that his government would never compromise with “illegal immigrants.”
His remarks triggered widespread condemnation from rights groups, who accused him of communal fear mongering. “This is not infiltration; it’s demonization,” said one activist. “These are Indian citizens who contribute to Assam’s economy. If Independence Day becomes a stage to scapegoat communities, we have truly lost our way.”
The Supreme Court’s decision to hear the PIL marks a possible turning point. It will now compel states to submit affidavits detailing how many Bengali-speaking migrants have been detained, on what legal grounds, for how long and with what verification and access to legal aid. The Court has signalled it may consider creating a centralised digital portal for migrant verification, a system that, if implemented, could end much of the confusion and injustice.
For now, families across Bengal wait for a laminated voter ID, a photocopied ration card, a panchayat’s phone number, all that stands between them and a wrongful deportation. As the nation celebrates its 79th Independence Day, the true test of freedom lies in this: Can a migrant from West Bengal travel freely for work without being branded a foreigner for speaking his mother tongue? The Court may answer in law but the country must answer in conscience.
