PIL on 'detention' of Bengali-speaking migrant workers: SC seeks replies of Centre, states

Hindustan Times

3 hours ago

New Delhi, The Supreme Court on Thursday agreed to hear a PIL alleging detention of Bengali-speaking migrant workers on suspicion of being Bangladeshi nationals. PIL on 'detention' of Bengali-speaking migrant workers: SC seeks replies of Centre, states
A bench of Justices Surya Kant and Joymalya Bagchi, however, refused to pass any interim order with regard to the detention, saying any order will have consequences especially with respect to people, who genuinely came from across the borders.
"States where these migrant workers are working have the right to inquire from their state of origin about their bonafide but the problem is in the interregnum. If we pass any interim orders, then it will have consequences, especially those who have illegally come from across the border and need to be deported under the law. If someone enters illegally, detaining may be necessary; otherwise they could disappear before verification,' the bench said.
It asked advocate Prashant Bhushan, appearing for petitioner West Bengal Migrant Welfare Board, to wait till the Centre and nine states – Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana and West Bengal filed their responses.
Bhushan alleged harassment of people by the states only because they were Bengali speaking and possessed documents in the language on the basis of a circular issued by the Ministry of Home Affairs .
"They are being detained while an inquiry is being held about their bonafide and in some cases, they are even tortured. Kindly pass some interim order that no detention will be held. I have no problem with enquiries but there should not be any detention," Bhushan submitted.
Bhushan said some deported persons were brought back after verification but he flagged the arbitrary enforcement of the MHA order.
The bench said some mechanism was required to be developed to ensure genuine citizens were not harassed.
Justice Kant suggested the presence of a nodal agency to coordinate between home and work states and help in establishing the bonafide of the migrant workers.
Justice Bagchi said the scale of migration from eastern states to the northern and southern states was "too much" and a nodal agency could help in managing the verification process.
The PIL raised alleged systemic and arbitrary detention of migrant workers and labourers specially from West Bengal by various other states.
"Instant petition challenges the legality of such detentions of migrant workers, particularly in light of the Ministry of Home Affairs'. Letter dated May 2, 2025, which authorises inter-state verification and detention of suspected illegal immigrants," it said.
The plea said migrant workers from West Bengal, predominantly employed in low-income and informal sectors in various states, are facing systemic social exclusion based on linguistic basis, economic insecurity, and precarious living conditions in detainer states.
"Despite their lawful citizenship, a section of individuals are subjected to discriminatory action/detention practices solely on the basis of their regional origin, linguistic identity, or socioeconomic status," it said.
The plea said such discrimination violates Articles 14 and 15 of the Constitution, which guarantee equality before law and prohibit discrimination on grounds including place of birth.
"The detention policies reinforce harmful stereotypes and unfounded suspicion against inter-State Bengali migrants, undermining constitutional principles of equality and fraternity," it said.
Arguing that the detentions are conducted without lawful procedures, the plea said this mass and arbitrary detention of Bengali migrants on the ground of using Bangladeshi language directly infringes on their right to personal liberty under Article 21.
"The authorities in the detainer states have repeatedly failed to follow due process for identification of citizenship. There is a serious lack of proper verification of identity or citizenship, coordination with police or families in West Bengal, and institutional framework for verification before they are detained," it said.
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