Supreme Court flags concern over Bengali speakers being presumed foreigners

The Supreme Court has asked the Central government to clarify whether authorities are presuming Bengali speakers to be foreigners, after a petition alleged that migrant workers from West Bengal were being detained and even pushed across the border on suspicion of being Bangladeshis.

A bench of Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi acknowledged the challenge of illegal infiltration but raised concerns over the alleged misuse of language as a proxy for citizenship. “We would like you to clarify if there is a certain bias… namely, the use of a particular language as a presumption of being a foreigner,” Justice Bagchi told Solicitor General Tushar Mehta.

The plea, filed by the West Bengal Migrant Workers Welfare Board and its chairman, TMC MP Samirul Islam, sought protection for Bengali-speaking labourers who, it alleged, were being arbitrarily detained and deported without any formal determination of their citizenship status.

Advocate Prashant Bhushan, appearing for the petitioners, argued that a woman had been pushed into Bangladesh merely for speaking Bengali. “They are saying Bengali is a Bangladeshi language. How can anyone be deported without a tribunal or court deciding their nationality?” he asked, stressing that such actions also violated international law.

Justice Bagchi underlined the nuance: “There is a distinction between a person caught at the international border and one already within Indian territory. Once inside, there must be a procedure,” he said, directing Mehta to explain the government’s stance.

While Mehta denied that Bengali speakers were being targeted, he maintained that India faced a serious challenge of illegal migration. “India is not the world’s capital for illegal immigrants. There is a system in place, and resources meant for our citizens cannot be diverted to illegal entrants,” he said.

The bench, however, emphasised that the issue was sensitive and layered—balancing national security with India’s shared cultural legacy across Bengal and Punjab, where language and heritage transcend borders.

The case will be heard next on September 11, with the Supreme Court seeking the Centre’s detailed response on both the present plea and a related matter concerning Rohingya migrants.