Illegal Pushback to Bangladesh: Assam Govt Ordered to Pay Rs 2 Lakh to Mumtaz Begum’s Family

The Gauhati High Court has directed the Assam government to pay Rs 2 lakh in compensation to the family of Mumtaz Begum, a Bengali-speaking Muslim woman who was forcibly pushed back to Bangladesh in violation of legal procedures related to passports and deportation.

This is reportedly the first instance in which a court has directed a state government to pay compensation for violating deportation procedures in a case involving the pushback of a person from India to Bangladesh. The case came to light after Mumtaz Begum’s family filed a habeas corpus writ petition before the Gauhati High Court, seeking her production before the court. During the hearing, it emerged that the woman had been forcibly taken across the border into Bangladesh without following the required diplomatic and legal procedures.

During the proceedings, the High Court also directed India’s Ministry of External Affairs to be made a party to the case. The court observed that the Indian government would be directed to undertake diplomatic efforts to trace Mumtaz Begum in Bangladesh and bring her back to India. The judgment was delivered by a High Court bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund.

The court strongly criticised and expressed its displeasure over the role of the Nagaon Foreigners Tribunal in Assam. The court stated in clear terms that the actions taken by the Foreigners Tribunal showed that “an act of malice through abuse of law has been committed, which is evident from the records of the case.” Legal experts believe the Gauhati High Court’s ruling could serve as an important legal precedent against human rights violations carried out in India in the name of the so-called “pushback” process.