Trends
The Spotlight Is Back On Illegal Bangladeshis In India After The Saif Ali Khan Stabbing Case. They Have Jobs, False Identities And Thriving, The Question, How?
A high-profile stabbing incident, a suspect on the run, and a trail that leads to an all-too-familiar problem: illegal Bangladeshis in India.
It was the kind of news that grabs headlines for all the wrong reasons. A high-profile stabbing incident, a suspect on the run, and a trail that leads to an all-too-familiar problem: illegal Bangladeshis in India.
The man accused of stabbing actor Saif Ali Khan at his Mumbai residence, Mohammad Shariful Islam Shehzad, had been living in India under a false identity—Bijoy Das. After eluding the police for over 48 hours, he was finally apprehended in Thane, hiding in dense mangroves. The arrest revealed a troubling truth: Shehzad, a Bangladeshi national, had entered India illegally and had been working in Mumbai under multiple aliases for months.
How Big Is the Problem?
This isn’t just a one-off case. Illegal immigration from Bangladesh has been a long-standing issue in India, worsened by porous borders, economic disparities, and political instability in Bangladesh. The India-Bangladesh border, stretching over 4,000 kilometers, has been a gateway for millions of migrants since the partition of British India in 1947.
While reliable data is hard to come by, estimates suggest there are anywhere between several million to as many as 15 million illegal Bangladeshi immigrants in India. These individuals manage to blend in, often acquiring fake identities, ration cards, and even mobile phone connections. They take up jobs, build lives, and thrive in the shadows of a system that struggles to keep track of them.
The Implications
The unchecked influx of illegal immigrants has far-reaching consequences – competition for jobs intensifies, particularly in labor-intensive sectors. Border states like Assam and West Bengal have seen demographic shifts, sparking resentment among local populations.
The lack of proper documentation raises fears of misuse by anti-national elements. The recent regime change in Bangladesh, coupled with worsening economic and security conditions, is expected to push even more people across the border, adding to India’s challenges.
The Political Tug-of-War
Illegal immigration isn’t just a security issue—it’s also a political hot potato. As elections approach, political parties across the spectrum ramp up their rhetoric.
In Delhi, the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP) have been vying to prove who’s tougher on illegal immigrants. From stopping school enrollments of suspected Bangladeshi children to launching data-driven drives to identify and deport immigrants, both parties are making anti-immigration posturing a key electoral strategy.
Maharashtra has followed suit, with the BJP-Shiv Sena government issuing deportation threats against Bangladeshi immigrants in Mumbai. These measures may resonate with certain voter bases, but critics argue that such rhetoric often lacks long-term solutions and disproportionately targets vulnerable communities.
How Tough Is Detecting And Deportation?
The theory of illegal Bangladeshi immigrants as a “threat” first gained political traction in the late 1980s. Some parties began framing undocumented immigration as a “demographic invasion,” aiming to polarize Hindu votes at the national level. By the early 1990s, this rhetoric escalated into action with the infamous “Operation Pushback.”
This campaign sought to “detect and deport” Bangladeshi immigrants, often framing them not just as undocumented workers but also as “Muslim infiltrators” jeopardizing India’s security and stability.
This exclusionary stance wasn’t limited to Delhi. In Assam, the issue of Bangladeshi immigrants became the cornerstone of a political movement that drew sharp lines between the “sons of the soil” and “outsiders.”
A National Stage for Anti-Immigration Policies
Fast forward to 2014, the BJP made anti-immigrant promises a key feature of its national campaign. Once in power, it launched the controversial National Register of Citizens (NRC) in Assam, an exercise aimed at identifying and removing alleged illegal immigrants. This was followed by the introduction of the Citizenship Amendment Act (CAA), which offered a pathway to citizenship for non-Muslim religious minorities from neighboring countries like Bangladesh and Pakistan.
These measures, while celebrated by some, faced severe backlash for being exclusionary and discriminatory, especially Muslims. They sparked protests and debates across the country, further polarizing public opinion.
The AAP’s Anti-Immigrant Measures
In recent months, the AAP government in Delhi has introduced its own exclusionary measures. One directive instructed government-run schools to halt the enrollment of children suspected to be from illegal Bangladeshi immigrant families. Another policy encouraged authorities to report any doubts about students’ citizenship status to the police.
These measures echo similar moves in other countries. For instance, in 2018, the U.S. faced global scrutiny for detaining children of immigrants crossing the Mexico-U.S. border illegally. The justification? Border control and national security.
Global Parallels and the Question of Belonging
The rhetoric around immigrants isn’t unique to India. Canada, the U.S., the U.K., and Australia have all recently introduced policies to limit international students, citing pressures on housing and public services. However, these measures often target specific groups, reinforcing existing biases and creating divisions.
How is it happening?
The fact is that Bangladeshis, both legal migrants or illegal are willing to work for lesser wages than those prevailing in that region. Thus, they are very easily hired as labourers, domestic help and in other such roles and most often they are hired through unverified sources.
According to data available, illegal migrants from Bangladesh enter the country through regions like Malda, Murshidabad etc. Once here they reportedly obtain fake Aadhaar cards with the help of agents by paying anywhere between Rs, 2000 to Rs. 10,000.
Once these documents are obtained they are free to settle in any part of the country, these agents also help them in securing jobs for a commission. This also points to the systematic loopholes and faults within the system.
An officer explains, this is a vast network that helps these illegal immigrants to settle here, and they are not afraid to have any cases being registered against them as it potentially means that they cannot be deported until the case reaches a judgment. They may also secure bail within days and continue living a normal life.
Last year 310 Bangladeshi nationals staying illegally were arrested by the police in the city alone. Some of the arrested had even been casting votes in elections for years. Nearly 100 such cases have been reported in Amravati and Malegaon taluka in Nashik.
Last year the crime branch unit 1 arrested a person, Mohammad Idris Sheikh alias Joshimuddin Bishu Dewan a Bangladeshi residing in the city since 1994. The arrest took place near Charni Road station. During the investigation, officials discovered a “rate chart” detailing the sums paid by Bangladeshis to agents for illegal entry into the country.
Turning To CAA…
The CAA aimed to expand the idea of the Indian nation by granting citizenship to non-Muslim minorities from Afghanistan, Bangladesh, and Pakistan, effectively equating nationality and citizenship with identity. Critics argue this aligns with the vision of a “dominant elite” that dismisses India’s pluralistic heritage in favor of a more exclusionary narrative.
The government’s justification for the CAA was sparse, relying on the sovereign right of the state to grant or deny citizenship. However, this selective inclusion drew widespread criticism for undermining the liberal-secular framework that has traditionally defined India’s democratic ethos.
Legal Framework and Border Realities
India’s approach to immigration is governed by three primary laws: the 1920 Passport Act, the 1946 Foreigners Act, and the 1939 Registration of Foreigners Act. Despite these legal safeguards, lax border controls, particularly since 1971, have enabled the entry of millions of undocumented Bangladeshi nationals. Many of them, over time, managed to acquire Indian citizenship documents through both legal and illegal means.
Political parties have long used the rhetoric of undocumented migrants as a tool to galvanize support among voters concerned about public services, housing, and employment opportunities but later if voted as the government, other political drama’s take over.
So what can be done?
India faces a pressing need to address its migration and refugee crisis through comprehensive legislative reform. One potential solution lies in the amendment of existing laws to introduce a national refugee framework that clearly distinguishes between refugees—those fleeing persecution—and illegal migrants, who are subject to deportation.
Establishing a National Refugee Law
Although India has not signed the 1951 Refugee Convention or its 1967 Protocol, it can incorporate the convention’s definition of a refugee into its domestic legislation. A refugee would thus be defined as someone with a well-founded fear of persecution based on religion, nationality, political opinion, or membership in a particular social group, who cannot return to their country of origin. Recognizing such individuals with legal residency rights would provide clarity and protection under Indian law.
For illegal migrants, a structured approach is necessary. Following practices in the European Union, India could issue formal return decisions to those identified as staying unlawfully. This process would include notifying the individual of their illegal status and setting a specified departure period. Non-compliance within this period could lead to immigration detention, during which the authorities would facilitate the migrant’s deportation.
Leveraging Crimmigration for Enforcement
The concept of crimmigration, which merges migration and criminal law, can also play a crucial role. This approach strengthens enforcement by using criminal law tools to address violations traditionally managed under administrative law. For instance, expanding criminal grounds for expulsion, criminalizing immigration violations, and enhancing legal provisions to safeguard national security are all elements of this framework.
Crimmigration ensures that migration laws are robustly enforced while aligning them with state security objectives.
Strengthening Border Security
Effective border management is critical to curbing illegal migration. India should invest in advanced border infrastructure, including walls equipped with cameras, sensors, and surveillance systems to monitor and prevent unauthorized crossings. Likewise, strengthening the capacity of border police and ensuring continuous monitoring would significantly reduce cross-border movement.
Enhancing Police and Judicial Systems
Illegal immigration poses economic, security, and social challenges, straining public resources and creating opportunities for smugglers and other criminal networks. Addressing these issues requires substantial investment in law enforcement, immigration authorities, and the judiciary to ensure swift detection, adjudication, and enforcement of migration laws.
Bilateral Cooperation with Bangladesh
Given the significant presence of Bangladeshi migrants in India, recalibrating relations with Bangladesh is vital. A bilateral agreement focused on the readmission of nationals illegally residing in each other’s territories is essential. This agreement should include a joint verification mechanism acceptable to both countries to categorize individuals as refugees or illegal migrants.
Following verification, coordinated action should aim to resettle refugees and repatriate illegal migrants, with measures to prevent further influx. Such collaboration would address migration issues while fostering goodwill between the two nations.
Seeking International Support
India can also benefit from the expertise of international organizations such as the United Nations High Commissioner for Refugees (UNHCR), the International Organisation for Migration (IOM), and the International Centre for Migration Policy Development (ICMPD). These bodies can provide technical assistance, advisory services, and insights based on their experience in managing complex migration challenges worldwide.
