Assam government fined over pushing in of Muslim woman to Bangladesh
- Unprecedented order from Gauhati High Court in push-in case
The Gauhati High Court has ordered the Assam state government to pay Tk 200,000 (two lakh taka) in compensation over the forcible “push-in” (pushback) of a Muslim woman from India into Bangladesh. This is the first instance in which a court has ordered any state government to pay compensation or a fine for violating the established “deportation” rules governing the sending of anyone from India to Bangladesh.
According to case details, the family of the victim, Ms. Mumtaz Begum, filed a habeas corpus petition with the Gauhati High Court. During the hearing of that case, it emerged that she had been forcibly sent across the India border into Bangladesh without following proper legal procedure. The court also made India’s Ministry of External Affairs a party to the case.
A bench comprising Justice Mr. Kalyan Rai Surana and Justice Ms. Sushmita Phukan Khaund expressed strong displeasure at the role played by the Nagaon Foreigners Tribunal in this matter. In its observations, the court stated that a review of the steps taken by the tribunal made it clear that a malicious action had been taken through misuse of the law.
The court ordered the Indian government to make all necessary “efforts” to locate the woman in Bangladesh and bring her back to India. At the same time, it ordered the Assam government to pay Tk 200,000 in compensation to the victim’s family as a consequence of violating legal rules.
Legal experts believe that the court’s firm stance against the violation of deportation-related rules will stand as an important precedent on the question of illegal migration and protection of human rights in India.
