19-May-2025 Daily Answer Writing
Q1) Critically examine India’s policy of pushing back undocumented Bangladeshi migrants without legal proceedings. What are the legal, ethical, and diplomatic implications of this approach?
(GS Paper 2, 15 Marks, 250 Words)
Answer:
India has recently intensified “pushback” operations along the Indo-Bangladesh border, particularly in Tripura, West Bengal, and Assam. In these operations, undocumented Bangladeshi migrants are forcibly returned across the border without formal legal proceedings. While the policy reflects concerns over demographic pressure and internal security, it invites serious legal, ethical, and diplomatic scrutiny.
Legal and Humanitarian Concerns:
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Violation of Due Process: The Foreigners Act, 1946 mandates legal adjudication before deportation. Pushbacks bypass this, potentially violating constitutional rights under Article 21 (Right to Life and Liberty).
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No Refugee Framework: India lacks a dedicated refugee law and is not a signatory to the 1951 UN Refugee Convention, leaving decisions to administrative discretion.
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Human Rights Implications: Return without screening could violate international norms, especially for vulnerable groups like women, children, or potential asylum seekers.
Diplomatic and Strategic Implications:
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Bilateral Tensions: Bangladesh has formally raised concerns over unilateral deportations, urging India to follow due diplomatic protocol.
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Regional Instability: Sudden repatriations can strain trust and undermine coordination on border management and human trafficking.
Security and Demographic Justifications:
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States in the northeast cite socio-cultural stress and resource strain as justification.
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However, re-entry due to porous borders shows limited effectiveness without biometric tracking and legal action.
Conclusion:
India must strike a balance between border security and constitutional morality. A transparent, law-backed migration and refugee policy is essential to uphold democratic values while safeguarding national interest.
Read More – 17 May 2025 : Daily Answer Writing
