SC Probes Detention of Bengali-Speaking Migrant Workers
Court seeks Centre, states’ response on PIL.
The Supreme Court on Thursday took up a public interest litigation (PIL) alleging that Bengali-speaking migrant workers are being unfairly detained across several states on suspicion of being Bangladeshi nationals, raising serious concerns about harassment and potential human rights violations. A bench of Justices Surya Kant and Joymalya Bagchi sought responses from the Centre and nine states—Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal—within weeks, but declined to issue an interim order halting detentions, citing the complexities of immigration enforcement.
The PIL, filed by the West Bengal Migrant Welfare Board and represented by advocate Prashant Bhushan, claims that workers are being targeted solely for speaking Bengali or possessing documents in the language, following a circular from the Ministry of Home Affairs (MHA). Bhushan argued that these workers face detention and, in some cases, alleged torture during inquiries into their citizenship. “These are genuine Indian citizens being harassed due to their language. While inquiries are fine, detentions must stop,” Bhushan urged, requesting interim relief.
The bench, however, expressed caution, with Justice Kant noting, “If we pass interim orders, it could affect efforts to deport those who have illegally crossed borders.” The court acknowledged the states’ right to verify workers’ origins but emphasized the need for a mechanism to prevent harassment of genuine citizens. “We need a system to ensure no undue hardship,” the bench observed, highlighting the delicate balance between national security and individual rights.
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The issue stems from increased scrutiny of migrant workers in states with significant Bengali-speaking populations, often employed in construction, agriculture, and informal sectors. The PIL alleges that the MHA’s circular has led to overzealous enforcement, with workers facing prolonged detentions without clear evidence. The court’s directive comes amid broader debates over citizenship verification processes, particularly in light of past controversies like the NRC in Assam.
As the case awaits responses, it underscores the challenges of protecting migrant workers’ rights while addressing border security concerns, with the Supreme Court poised to shape a framework for fair treatment.
