Scholar’s Voice: A New Way of Thinking
Vol. 1, No. 1, January 2009. pp. 64-82
Biannual Publication of Centre for
Defence Studies Research & Development.
MIGRATION AND REFUGEE ISSUE BETWEEN INDIA AND
BANGLADESH
CHIRANTAN KUMAR*
Abstract
In the era of globalisation, where opening of borders is being advocated all
over the world, there is one issue over which no nation-state is ready to compromise
with its territorial borders. The issue of migration and refugees is considered so
sensitive that states have often linked it with their sovereignty, independence and even
existence. The problem of migration and refugees between India and Bangladesh started
as early as the formation of Pakistan as a separate state in 1947. The endless flow of
migrants from erstwhile East Bengal, later East Pakistan and now Bangladesh to India has
generated a range of socio-political, economic, ethnic and communal tensions in India;
simultaneously it has also embittered the bilateral relations between the two countries.
In such situation it becomes unpreventable to look over the issue so that a viable
elucidation may emerge. The present paper is an attempt to understand the migration
and refugee issue between India and Bangladesh through historical and analytical
methods. In this course it will look into the emergence of the refugee problem, its causes,
impacts and eventually will come up with a possible roadmap that can suggest a
practicable solution to the problem.
Migration
is not a new phenomenon in this world. “From the antiquity,
people are found to move from one place to another, sometimes in search of better
opportunities, when they see some of their needs and desires are not adequately fulfilled in
their present location, sometimes just to maintain the status quo when they see their
present situation seems to be a declining one.”1 Hunger, poverty, security threats recognise
no border.2 Issue of illegal migration is an immense crisis throughout the world. The
endless flow of open and clandestine migration to India began with partition of India in
1947. This partition compelled millions of the countrymen to leave their ancestral homes.
“Ever since the partition of the Indian subcontinent and formation of East Pakistan and
later Bangladesh, their nationals came to India with or without valid documents. Up to
1971, over 4.7 million Hindus had sought refuge in India.” 3 The terror unleashed by the
Military of Pakistan forced about 10 million people to cross over to India in 1971. 4 Many
of them returned back after the Liberation War in 1971, but a considerable undocumented
*
Researcher, South Asian Studies Division, School of International Studies, Jawaharlal Nehru University, New
Delhi.
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Vol. 1, No. 1, January 2009. 65
section stayed back and mingled with the mainstream of India’s life. 5 “Since 1947, Hindu
population in Bangladesh has been reduced from 30% to less than 10% because of the
terrible religious persecutions and political terrorism.”6 Even Muslims are migrating from
Bangladesh towards India in search of better opportunities because of lack of development
in their own country. The present paper is an attempt to understand the present situation of
migration and refugees between India and Bangladesh as well as to find out its causes and
impacts.
Understanding Migration and Refugee Problem
‘ Migration’, as defined by Mangalam, is “a relatively permanent moving away of
a collectivity, called migrants, from one geographical location to another, preceded by
decision making on the part of the migrants on the basis of a hierarchically ordered set of
values or valued ends and resulting in changes in the interactional systems of the
migrants.”7 Though people can voluntarily take decision to move, still in some cases,
people move from one place to another just to avoid physical torture and extinction. When
these cases of movement and dislocation occur in a collective manner involving groups
like families, communities, or nations, it is called migration.8 It can be voluntarily as well
as involuntarily. The basic difference between the two kinds is that in the case of voluntary
migration, the migrants have the scope to make their own decisions whether or not to
move, but in cases of involuntary ones, the migrants do not retain any scope of
independent decisions.9 Involuntary migration can be called forced migration in political
terms. Any kind of migration occurs because of certain reasons. Battered against the
natural urge for survival, ‘nation’ and ‘border’ are easily marginalised in the minds of the
people who have received continuous threats to their existence from persecution and
discrimination in their country. In such circumstances they find ‘illegal’ ways to tackle this
obstacle in the path of their well-being.10 When people
cross the borders without any legal authorisation then it
becomes illegal migration.
A migrant is not
“Early analyses focused on factors which
could ‘push’ people out of one area and factors which
could ‘pull’ them to other areas.”11 The push factors or
the causes of migration may range from natural
disasters to socio-political upheavals like war,
revolution or pogrom and even to planned changes like
dams, atomic experimentation or urban renewal
programs.12 When the migrants go to a different
country other than their own without any valid
document, they come under the criteria of either illegal
infiltrators or refugees.
necessarily a refugee. If
one is speaking in
economic or ecological
terms, you have ecological
and environmental
migrants. ‘Refugee’
remains a political term.
Yet a refugee can be a
migrant. A migrant is not
always evicted forcibly. It
can be his or her personal
choice also.
Forced migrants of one state are generally
refugees in the other. A classical definition of refugees is found in the 1951 UN
Convention on Refugees. The convention, which was later extended by the 1967 Protocol,
66 Scholar’s Voice: A New Way of Thinking
CHIRANTAN KUMAR
defined a refugee as: any person who owing to well founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular social group or political
opinion, is outside the country of his nationality and is unable, or owing to such fear, is
unwilling to avail himself of the protection of that country, or who, not having a
nationality and being outside the country of his formal habitual residence, is unable, or
owing to such fear, is unwilling to return to it.13 This well defined regime ensures objective
refugee status determination and disqualifies other people from obtaining refugee status,
such as people simply seeking better economic or social prospects. Asylum seekers found
to have committed crimes against peace, war crimes against humanity; serious nonpolitical crimes outside the country of refuge, or are guilty of acts contrary to the purposes
and principles of the United Nations, do not qualify for refugee status under international
law.14 “Refugee status need not be permanent, it ceases when the refugee voluntarily avails
the protection of his/ her country of origin; voluntarily re-acquires nationality or protection
of the country of origin or any other country, or when the circumstances in connection
with which the person has been recognised as a refugee have ceased to exist thereby
enabling safe return.”15 A refugee is legally entitled to the basic human rights like right to
life and liberty, equality, sustenance, work, healthcare, primary education, etc.
“A migrant is not necessarily a refugee. If one is speaking in economic or
ecological terms, you have ecological and environmental migrants. ‘Refugee’ remains a
political term. Yet a refugee can be a migrant.”16 A migrant is not always evicted forcibly.
It can be his or her personal choice also. “Myron Weiner separates the concepts of
refugees and migrants by classifying two categories of people who moved across
international boundaries: rejected peoples and unwanted migrants. The category of
unwanted migrants embraces those groups, which have crossed international and domestic
provincial boundaries in search of economic benefits, or those who have moved as a result
of economic and environmental factor. They are unwanted because they are rejected by the
host community who feel politically and socially threatened.”17 Any person who has left
the country of his habitual residence becomes international migrant, but he gets a refugee
status in the other state or not, that depends on the circumstances and nature of his
migration as well as on the will of the recipient state. Most of the migrants are considered
illegal and unauthorised in recipient states worldwide.
Migration and Refugees become a problem in international terms when they
affect the relations between countries badly. If people are forced by the circumstances to
migrate to some other country, the other country should give them refuge on human
grounds. But if the refugees live in the host country for a prolonged period, they mix with
the local people which changes the demographic situation there and causes many social
economic problems, i.e., it increases the burden of the government in terms of economy,
development, law and order, etc. as well as it causes social tensions also as it generates
unemployment, poverty, unpatriotic feelings etc. But if large-scale refugee influxes can
place a huge burden on host countries and communities, refugees can also be agents of
development if they are given the opportunity to contribute to the national economy by
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Vol. 1, No. 1, January 2009. 67
using their skills and productive capacities.18 But still it is a fact that the share of negative
factors is much more than positive ones.
The above mentioned negative factors lead towards bitter relations between the
country of refuge and the country of origin of refugees. In case of forced migration, where
the country of origin or its fundamentalist forces have intentionally driven the migrants out
of the country, the refugees find themselves in such a situation where they never get
favorable conditions of a safe return. The provisions of international law do not permit the
host country to exile the refugees from its territory and any agreement with the country of
origin is generally not possible easily, as most of the refugees are illegal migrants and they
do not carry any valid documents. This makes the matter more complicated.
The Migration and Refugee Issue between India and Bangladesh
Before its birth in 1971, Bangladesh once was an integral part of a single
undivided India and constituted a part of Bengal province. Since that time People have
been moving from one part of the country to the other for social, economic (trade), cultural
and ethnic reasons. But this movement became a problem only after India was divided in
1947 and this part became a province of Pakistan and was known as East Bengal till 1956
and as East Pakistan from 1956 to 1971.
India shares 4,095 kilometer border with Bangladesh which is the longest among
all its neighbours.19 An area of 6.5 km has not been demarcated yet. These historical,
geographical, socio-economical and cultural backgrounds have caused a plethora of
problems between these two countries among which illegal migration from Bangladesh to
India and a large number of Bangladeshi refugees staying in India is the biggest issue of
conflict. To get an idea of how serious the problem of illegal infiltration from Bangladesh
is, it will be useful to take a look at the population increase in the north-eastern states of
India between 1991 and 2001.20 The table given on the next page shows itState
Arunachal Pradesh
Assam
Manipur
Meghalaya
Mizoram
Nagaland
Sikkim
Tripura
Population in 1991
864,558
22,414,322
1,837,149
1,774,778
689,756
1,209,546
406,457
2,757,205
Population in 2001
1,097,968
26,655,528
2,291,125
2,318,822
888,573
1,990,036
540,851
3,199,203
Growth rate
26.99%
18.92%
24.71%
30.65%
28.82%
64.53%
33.06%
16.03%
Source: Bezboruah, D.N. (2002), “Illegal Migration from Bangladesh” Dialogue, 3 (3): p.46.
However, the data of Assam is supposed to be not a real one as many researchers
believe that the 1991 census in Assam was politically manipulated.21 “A United Nations
Survey report published recently has come up with alarming figures of the abnormal rise in
population in the border districts of Assam. Comparing the 1971-81 and 1981-91 Census
68 Scholar’s Voice: A New Way of Thinking
CHIRANTAN KUMAR
figures of Bangladesh, the report expressed concern over the one crore ‘missing’ people in
Bangladesh.”22 The trend of population growth in the North-East region of India and
disappearance of citizens from Bangladesh clearly indicates a high rate of population
infiltration from Bangladesh to India.
“During the last three decades illegal migration from Bangladesh to India are
going on unabated. In Bangladesh era, Hindus are coming as usual like in days of Pakistan
due to religious persecution and political pressure but a new feature also started emerging
as people from majority segment (Muslim) for different reasons and purposes started
coming to West Bengal.”23 Issue of Chakma refugees in India is also souring the relations
between the two countries. And this all is in a situation where there is no regional
arrangement to deal with refugees in South Asia.
Emergence of the Problem
Migration from Bangladesh to India cannot be totally kept apart from that in
earlier periods.24 “The problem of illegal migration at least into Assam was created by the
British East India Company, who first brought the Bengali Muslim peasant from East
Bengal to Brahmaputra Valley in the beginning of the 19 th century.”25 Assam as the
frontier of India during the pre-partition period had attracted millions of settlers from other
regions of the subcontinent. The policy of the British Government towards the
development of the region had actually accelerated the movement of people from outside
since the British needed essential human resources including administrators, businessmen
and labourers.26 People migrated from densely populated East Bengal to land-abundant
Assam in search of land of their own.27
Partition of Bengal of 1905 which took place under the British strategy of ‘Divide
and Rule’ may be considered as one of the most important events in the context of forced
migration in today’s Bangladesh, though the event took place long before the emergence
of Bangladesh as an independent country.28 This step caused division of Bengali as a
nation into Hindus and Muslims and it led towards the birth of communal feelings among
them. In different parts of the newly created province of Eastern Bengal and Assam,
communal riots occurred both for and against this division, leaving a deep sense of
insecurity in the psyche of Hindu population causing migration of a section of them,
particularly members of elite class, to the western part of Bengal.29
The second important event which led to this problem was the partition of India
and birth of Pakistan in 1947. Though Jinnah in his first speech to the constituent assembly
of Pakistan stated that henceforth there would be no difference between Muslims and
Hindus as all of them would be equal citizens of Pakistan, this was not accepted by a vast
majority of the ruling elite and after his death, the central leadership of Pakistan provoked
massive communal riots and disturbances throughout East Bengal in 1950. 30 Thus partition
of India in 1947 and subsequent communal riots caused massive migration of Hindus from
erstwhile East Bengal (now Bangladesh) to India. In many cases migration took place
under such circumstances that immigrants had to leave the country without settling their
properties.31 Sardar Patel had expressed in his letter written to the then governor of West
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Vol. 1, No. 1, January 2009. 69
Bengal in1949 that India’s intelligence reports as well as the reports from other sources
indicated that the wives and daughters of good Hindu families were not quite safe and that
the property of Hindus was requisitioned almost at will in East Bengal province of
Pakistan (now Bangladesh).32
In East Bengal where historically Hindus were big land owners, the Muslim
League Government passed the East Bengal State Acquisition and Tenancy Act in 1950
which provided that no person would be entitled to retain any land in his possession in
excess of 200 bighas or a quantity of ten standard bighas per person of his family,
whichever was greater at the time of acquisition of Zamindaris. Zamindars felt that the
days following would bring troubles for them of different sorts and thus they decided to
migrate to India to settle there permanently. Their decision weakened further the already
broken mental strength of Hindus in general in the state of Pakistan.33
The formation of Pakistan as a separate state in 1947 may be marked as the year
when the population movement from East Bengal to India came under the criteria of
legality and illegality. Though migration of people from this region was not new, but
during the period of 1947 to 1971 it occurred at a higher pace as over 4.7 million Hindus
had sought refuge in India during this epoch.34 When the Liberation War of Bangladesh
began, the military of Pakistan used unprecedented force and terror to smash it which
compelled about 10 million people to cross over to India in 1971. Many of such refugees
returned to Bangladesh after the end of Liberation War in 1971, but a considerable
undocumented segment stayed back and mixed with the mainstream of India’s life.35
Though in the beginning Independent Bangladesh adopted the policies of
secularism under the leadership of Sheikh Muzibur Rahman, situations changed
completely after his assassination in 1975. Military regimes one after one strengthened the
roots of Islam in the country and it brought once
Thousands of these
again feeling of insecurity in the minds of the
displaced people migrated
Minority Hindu population. Apart from the attacks
into sparsely populated
on Minorities, Enemy and Vested property acts
regions
of Mizoram, Tripura,
acted as an effective mechanism for the
Assam Arunachal Pradesh.
extermination of Hindu Minorities from their
Perhaps 40,000
motherland. The Enemy Property Act which was
‘environmental refugees’
promulgated in 1965 by the Pakistan government
migrated to India, where
regarded India as an enemy country. According to
today, they live in the
Arunachal Pradesh of
this law any Pakistani citizen living in India was to
northeast India
be deprived of his/her land, buildings, firms and
companies in Pakistan, which were to be taken over
by the custodian of Enemy Property for Control and Management.36 After the
independence of Bangladesh the enemy status of India ceased to exist, and this act should
have been repealed but it is allowed to exist with a different name- The Vested Property
Act. This act is a very powerful instrument that works as a cause of migration.37
70 Scholar’s Voice: A New Way of Thinking
CHIRANTAN KUMAR
One of the ongoing burning issues between India and Bangladesh is of
Chittagong Hill Tracts (CHT) Refugees. During the British period the CHT Administrative
Act (1900) gave the local tribes of CHT some privileges e.g., it accorded a special status to
the tribesmen with the guarantee that non-tribals would not be allowed to purchase any
cultivable land in the region and if the presence of any outsider i.e., non-tribal people was
found to be detrimental to the tribal interest he could be driven out of the area.38 These
special privileges were disturbed by the Pakistan Government in post 1947 days. The
Government also disturbed the tribal people by constructing the Kaptai Hydroelectric
Project (The Karnaphuli Project) and through the introduction of certain constitutional
measures. While the Kaptai Project inundated 80,000 acres of land and rendered 100,000
people homeless, the constitutional measures included abolishment of the ‘excluded area’
status of the district with the consequent dismantling of tribal administration, the transfer
of tribal officers to other districts, etc.39 In Bangladesh too these people did not get fair
treatment. The unfavorable policies of the governments of Bangladesh one after one forced
these tribes to move from the CHT region to neighboring states of India.
The Main Disputes between India and Bangladesh Related to this Issue
According to one estimation about 250,000 Hindus and as many Muslims
migrated to India every year from Bangladesh (earlier East Pakistan) since 1951.40
“Assuming the low figure would mean a total of half a million migrants per year and when
the then Home Minister of India, L. K. Advani, mentioned 20 million as the total of illegal
immigrants from Bangladesh to be sent back this figure would account for forty years.”41
But when the security forces deployed on the border tried to implement the deportation,
this tussle over the migrants at the border rapidly expanded into a full-scale diplomatic row
between the two countries with India forcefully maintaining that the migrants had ‘no right
to stay in India permanently’, while Bangladesh accused India of expelling Bengalispeaking Indian Muslims in the name of Bangladeshi migrants.42
The problem of Chakma refugees is another. The huge hydroelectric project in
Chittagong Hill Tracts that is popularly known as Kaptai Dam (Karnaphuli Multi-Purpose
hydro-Project) inundated 253 square miles, including 10 square miles of reserved forest.
Nearly 54,000 acres of plough land that was about 40 per cent of the district’s total
cultivable area was submerged under it.43 Homesteads of 18,000 families and
approximately 100,000 people were displaced from their hearths and homes of which 70
per cent were chakmas.44 Thousands of these displaced people migrated into sparsely
populated regions of Mizoram, Tripura, Assam Arunachal Pradesh. Perhaps 40,000
‘environmental refugees’ migrated to India, where today, they live in the Arunachal
Pradesh of northeast India.45 They are without citizenship rights in either country. Apart
from the displaced people of Kaptai Dam, Chakmas have also migrated from Bangladesh
to India to avoid persecution and discrimination in their country. In Tripura alone there are
about 50,000 Chakma refugees.46 The Sheikh Haseena Government, however, could
conclude a peace treaty (CHT Peace Accord) with the insurgents and as a consequence,
more than 50,000 tribals who had taken refuge in India for more than a decade could be
repatriated.47 However, this has not solved the problems completely in the CHT region.
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Vol. 1, No. 1, January 2009. 71
Migration of the minorities due to the discriminatory policies of the government
and rise of communal forces in Bangladesh has become a threat to India’s demography.
After the Mujib era the communal forces have emerged in Bangladesh in an unprecedented
manner both in the government as well as out of the government and they are continuously
forcing the minorities by using different means to flee to India.
The borders between India and Bangladesh are so vulnerable because still large
areas of the border are without any fence. Taking advantage of this migrants easily come
to Indian Territory. The armed forces of both the countries deployed over there are also
incapable of stopping this movement because of this, and it has resulted in corrupt
practices that are going on in the border region. Still Bangladesh is not ready for fencing of
borders, and once Bangladeshi soldiers had even fired at the labors who were working on
the fence.
India repeatedly raised the issue with the Bangladesh government, which
steadfastly denied that any such movement was taking place. The only time a Bangladeshi
leader admitted it was during Prime Minister Khaleda Zia's visit to India in May 1992
when the two sides agreed that large scale illegal immigration was a problem that needed
to be solved. Every other leader and Khaleda Zia herself thereafter, has denied that any
problem exists.48 Indeed their officials invariably replied that conditions being so good in
their country, no one, least of all patriotic Bangladeshis, would wish to exchange those for
the much worse ones in India. But the ground level reality is somewhat different, which is
still forcing the indigenous people of Bangladesh to migrate to India.
The Main Causes behind Migration from Bangladesh
Migration has become a continual phenomenon in India-Bangladesh relations.
There are many social, economical, political, environmental and ethnic reasons that are
responsible behind this migration from Bangladesh. This is the only country in the world
that pushes its citizens at gunpoint across its borders.49
Some of the main factors that force Bangladeshi
There are a number of
citizens to migrate are as follows.
people who migrate from
Bangladesh for economic
After the independence of Bangladesh, the
reasons in search of
new governments tried to suppress the demand for
employment and better
ethnic identity placed by the indigenous people of
chances of livelihood and
CHT region by inhabiting outsider Bengalis in the
better economic benefits in
hilly region. The Hill people opposed this action
the receiving country. The
cause
is that there is a lack
which took shape of a movement for more
of
employment in
administrative autonomy. As a consequence the
Bangladesh
and the level of
Government deployed military in the region to protect
living is also very low.
the Bengali settlers against the Hill people. This led to
the collapse of Hill people’s security, which in turn
created a cause for the Shanti Bahini to carry out armed insurrection against the settlers
and military. To counter this insurgency the military and para-military forces often
resorted to unwarranted arrests, looting, rape, torture, and other forms of physical and
72 Scholar’s Voice: A New Way of Thinking
CHIRANTAN KUMAR
mental violence, all directed against the Hill people.50 Organised killings or massacres
against the Hill people also took place in order to silence them. All this forced a large
number of Bangladeshis to migrate for their survival.
Soon after the liberation war it became clear that the secular identity of
Bangladesh is not going to last long. 15 years of military rule gave a firm base to the
process of Islamization in Bangladesh. Islam has reemerged as one of the main structural
components of Bangladesh Nationalism.51 This has made the non-Muslims of Bangladesh
secondary citizens in their own country. The government has also supported the antiminority activities in the country to drive out the minorities from there. The government
backed terrorist slogan was ‘leave this country and flee to India’. The activities of minority
harassment are not considered serious and are being passed by the authorities as stray
incidents. The grass root level workers of BNP-JIB alliance that won with a large majority
in 2001 elections used to think that the minority Hindus should be suppressed since they
vote for the rival Awami League. The question of justice becomes a misnomer when terror
is unleashed under the protection of the government. “The underlying policy is ‘don’t kill
them, molest their women’ so that they are compelled to leave Bangladesh, gradually and
slowly out of mental agony, in view of the fact there may be adverse international reaction
and Indian government and people may not view it lightly if they are driven out in one
go.”52 Due to the violation of Human Rights a grave situation exists in Bangladesh. This
has led to a continuous decline in minority population. Minorities feeling unsafe in this
country escape to the neighbouring states of India.53
There are a number of people who migrate from Bangladesh for economic
reasons in search of employment and better chances of livelihood and better economic
benefits in the receiving country.54 The cause is that there is a lack of employment in
Bangladesh and the level of living is also very low.
The ISI is today playing a very massive role in Bangladesh by using it as a base
for anti India movements. It is not only running training camps for insurgents of the
northeast states of India but also sending them in India. In that manner it is causing illegal
infiltration.
Natural calamities like flood, cyclone, drought are the yearly phenomena in
Bangladesh.55 Every year each of these events, sometimes all together inflict huge damage
to the lives, properties and the economy of the country. These natural causes also make a
ground for migration from Bangladesh. When flood comes it washes away the crops and
habitats of poor Bangladeshis. The uneven development and regular occurrence of natural
calamities like floods and droughts exacerbates this phenomenon; according to official
reckoning, 18-20 million people are displaced by floods in Bangladesh every year.56 They
cannot afford this calamity every year, so they migrate to some safer places like India,
where they can get comparatively stable conditions of living and food security.
Despite its small size Bangladesh is the 7th most populated country in the world.
All projections clearly indicate that by the end of the first decade of 21 st century,
Bangladesh will face a serious crisis of lebensraum (living space).57 There are a number of
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Vol. 1, No. 1, January 2009. 73
thinkers who think that the root cause of migration from Bangladesh is the density of the
population and the scarcity of living space. According to Sanjoy Hazarika Bangladesh
presents a Malthusian nightmare, with too many people on too little land.58
Sometimes family reunion and joining of friends, relatives and neighbours, and
low costs of cross-border migration also constitute major components of continuing
migration process.59
Why Bangladeshi Migrants Take refuge in India
India has been an easy destination for the Bangladeshi migrants. The main causes
responsible for it are as follows.
In India immigration is a central subject under the constitution, where it is a fact
that the whole process of making immigration – cross-border immigration – easy or
difficult is in the hands of the state.60 This situation makes it easier for these migrants to
infiltrate into Indian Territory.
One count was the cutoff date for migrants from erstwhile Pakistan. For the rest
of the country it was 8th July, 1948, and for Assam it was 25th march 1971. So all those
who have come upto 1971 are to be accepted as citizens of the state. Some migrants who
came after 1971, they also tried to mix up with the rest and this created an atmosphere of
confusion where it has become so difficult to distinguish between the Indian nationals and
the Bangladeshi Migrants. Migrants take advantage of this and they come to Assam or its
neighboring states without any hesitation.
Politicisation of migration has also contributed to this problem. Till the studentsbased agitation against outsiders was started by the All Assam Students Union (AASU) in
Assam, the Union Government had ignored the issue.61 Some political parties used the
migrant population as their vote banks by providing them ration cards and other facilities
that could be given to Indian nationals only, i.e., land
distribution. Besides this there were many others
One interesting question is
who were interested in giving a communal color to
that why Bangladeshi
the problem to serve their political agenda.
migrants come to India and
The only law to handle all types of
not Chinese or Pakistani
immigrants in India is Foreigners Act of 1946. But in
migrants. India shares its
borders with China and
Assam which is a neighboring state of Bangladesh
Pakistan as well and
there was another law, Illegal Migrants
Pakistan
was also a part of
(Determination by Tribunals) Act (IMDT), which
undivided India but still
was designed to protect the illegal migrants by
migration is not an issue
pretending that they are minority citizens. Under the
between these countries.
IMDT Act the onus of proving that a person is an
illegal immigrant lied on the complainant and not on
the accused.62 Supreme Court has also said on 14 July 2005 that IMDT Act is the biggest
barrier to deportation of illegal migrants as this law has given a cozy atmosphere to the
Bangladeshi migrants. This law was repealed in 2005 by the Supreme Court.
74 Scholar’s Voice: A New Way of Thinking
CHIRANTAN KUMAR
Due to ethnic resemblance of the populations with similar cultural, linguistic and
physical features, migration across the border is a common and easier practice in the
Indian sub-continent. During communal tensions, India provides asylum for non-Muslim
Bangladeshis.63
The Bangladeshi migrants who have been forced to leave their country because of
communal riots and abuses choose India because they are fascinated by the democratic and
secular features of Indian society. Many of them took refuge in India only because of their
belief in the Kautilya’s dictum that the enemy of their enemy is their friend.
India’s geographical proximity and cultural and historical background also works
as a factor behind their selection of the country for refuge. Many of Bangladeshi migrants,
though they have been driven out of their country because of the political reasons, are
unable to take refuge in any other country because of their poor condition. They can cross
the Indian border without expensing too much because of its closeness to Bangladesh.
Besides this the facilities that they get in India like better healthcare, employment,
etc. also provoke Bangladeshi migrants to select India as their destination.
The Policy Discrepancy
It has been an issue of debate that India has separate policy towards Hindu and
Muslim migrants. While India has always opposed the mass influx of Muslims from
Bangladesh it has never raised issue of Hindu migrants. This allegation can be true up to
some extent but there is a very well thought-out reason behind this. The reason is that
Bangladesh is an Islamic country and mostly the Hindus that migrate from Bangladesh are
the victims of religious persecution, where the Muslims that migrate are generally just the
seekers of better opportunities. Not only the humanitarian grounds but also the sentimental
attachments work as the factors behind this policy discrepancy.
Why Bangladeshi Migrants
One interesting question is that why Bangladeshi migrants come to India and not
Chinese or Pakistani migrants. India shares its borders with China and Pakistan as well and
Pakistan was also a part of undivided India but still migration is not an issue between these
countries.
There are plenty of reasons that explain this.
First, Pakistan was built on the grounds of different religions and soon it took
shape of hatred between the two countries. Today even if a person in Pakistan wants to
migrate from his nation he never chooses India as his destination because of his suspicions
in a non-Muslim country, rather he chooses middle east countries, where he does not only
get more economic opportunities but also a religious resemblance and feeling of social
security. But in case of Bangladesh this religious hatred was not there, in fact India was the
one who supported the liberation war of Bangladesh. The people of Bangladesh find
themselves near to the neighbouring Indian people as they share the same Bengali identity.
MIGRATION AND REFUGEE ISSUE B/W INDIA AND B’DESH
Vol. 1, No. 1, January 2009. 75
Secondly, Bangladesh is surrounded by India from three sides and the people
who seek better opportunities because of the lack of development in their country easily
identify India as their destination because they get fascinated from the level of
development and opportunities of a comparative better livelihood in India. This is not the
case with China or Pakistan.
Thirdly, India’s borders with China or Pakistan are comparatively clearly
demarcated and border security forces guard these borders more effectively, where in case
of Bangladesh, the borders are not clearly demarcated because of the natural reasons and
the armed forces are also not capable of patrolling on the whole border which is the
longest among all of its neighbours.
Fourthly, China is far more developed than India and if a person is unhappy with
his surroundings in China, He will search for a more developed country for migration as it
has been seen that the Chinese migrants are being attracted towards European countries
where there is a growing demand for skilled workers and students from China.64
Fifth, Pakistan and China both have fought wars against India in the past so it is
natural that there will be suspicions for India in the minds of their people but India and
Bangladesh have never fought in the history. This works as a factor that prevents Pakistani
and Chinese people to migrate into India.
Sixth, the level of vigilance on Chinese and Pakistani borders is much higher than
Bangladesh due to historical experiences. Whereas, time and again the forces of both sides
deployed at the Indo-Bangladesh borders have been accused of helping migrants to
infiltrate by taking bribe.
Seventh, there has been a history of trade in the border region of Bangladesh and
India. It provokes the small scale traders to cross the
border for a short period, and sometimes it results into
Fencing and strengthening
long term or permanent migration, when these traders
BSF presence can minimise
find better opportunities of profit in Indian Territory.
infiltration to some extent
This is not the case with China or Pakistan.
with the help of local
Eighth, when we talk of illegal migration,
most of the migrants are from the poor classes of the
society who can not afford the cost of visa and
passport. The situation of poverty is more severe in
Bangladesh than to China or Pakistan.
cooperation. Proper
implementation and
monitoring of fencing with
efficiency and
transparency is the
demand of the time.
Granting special work
permits in some cases is
also required.
Finally, in case of Pakistan also many nonMuslims migrated into India because of the religious
persecution, but that was a matter of initial phase. The
kind of fundamentalism and religious persecution that
is found in Bangladesh is not there in China or Pakistan. This persecution is one of the
causes behind migration from Bangladesh.
76 Scholar’s Voice: A New Way of Thinking
CHIRANTAN KUMAR
Impacts of Migration from Bangladesh to India
Out migration from Bangladesh over the years has had a severe impact on the
ethnic, linguistic, religious, economic and ecological fabric of northeast India and West
Bengal, regions that share a common frontier with Bangladesh.65 This phenomenon has
affected the situation both in the positive as well as negative manners.
The agricultural sector in West Bengal was improved wherever migrants have
settled.66 Being hardworking and industrious they helped to improve farming and
production of food crops in West Bengal. Household industry like bidi, pottery, mat,
candle, kantha stitch, ganjee factory, and Shantipuri taant have improved since illegal
migrants provide cheap labour.
But the negative part of this is more dominant. The easy availability and readiness
of the migrant worker to work at a very low wage rate and the general impression that the
migrant workers are more hardworking, has worked against the local workers. The
continuous inflow of migrants has aggravated the unemployment problem in the
unorganized informal sector of the neighboring Indian states.
The problem of deforestation, land grab, trade grab, illegal occupancy of
pavements and railway platforms by undocumented migrants are creating pressure on
natural resources in India. Pre-existing slums have also grown.
The Bangladeshi migrants have also created a remittance problem in India, as
most of them work in India and whatever they earn they send it back to their families in
Bangladesh. This harms the economy of India.
In various parts the situation of law and order has been worsened because
different political parties at different periods have given protection to illegal migrants.
They are enrolled in voters list and used as vote banks. Because of this it has now become
almost impossible to separate them from Indian citizens.
Though many migrants come to India just for their livelihood, but circumstances
have often forced them to grab whatever opportunities came their way even if they are
illegal. The main antisocial activities illegal migrants are involved in include smuggling,
robbery and associated crime, prostitution, beggary, and trafficking in women and
children.
This phenomenon has created a kind of social tension in Assam and Tripura.
The main reason is that they are not only giving a tough competition to the locals in the
field of employment but also they are obtaining the cultivable land somehow there. The
migrants are also causing communal misbalance in neighboring states which is generating
grounds for communal tensions.
This migration has caused a threat to the security of India as they are not only
harming our economy by activities like smuggling and illegal trade, but also helping in
running trans-border gangs, gathering information for the extremist groups of northeast
India.
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Vol. 1, No. 1, January 2009. 77
The most important thing is that the presence of Bangladeshi migrants in India is
causing tensions between the two countries. India has repeatedly kept this issue before the
Government of Bangladesh, but except once Bangladeshi Government has always denied
accepting that there are Bangladeshi migrants in India. The Bangladeshi Government has
also opposed India’s decision of fencing the border. Repatriation of the refugees has
become impossible in such situation. This is souring the relations between India and
Bangladesh.
The Possible Roadmap
The historical facts make it very clear that forced migration is a very longstanding problem in Bangladesh. Initially, it was confined to the members of elite class but
now almost everybody is affected.67 Much work is needed to be done to improve the
situation.
A comprehensive border management policy is required in today’s situation.
Elements of such a policy would include the setting up of an effective mechanism to
manage the trans-border movement of people, effective surveillance, a comprehensive and
coordinated intelligence apparatus, the involvement of border populations and a greater
role for the local administration and law enforcement agencies.
Abolition of discriminatory laws, regulations and constitutional provisions can
help in this context. The administration in India will have to be more vigilant to keep a
check on the creation of fake evidences of Indian citizenship by Bangladeshi migrants.
Measures should be taken for identification and repatriation of Bangladeshi refugees. Land
purchasing by illegal migrants must be prevented by enacting legislation. Political parties
in India should give up the politics of vote bank and safeguards should be taken to prevent
illegal migrants from obtaining ration cards and including their name in the voter list.
Fencing and strengthening BSF presence can
minimise infiltration to some extent with the help of
local cooperation. Proper implementation and
This is a fact that
monitoring of fencing with efficiency and
conducting illegal activities
transparency is the demand of the time. Granting
in India is not the motive of
special work permits in some cases is also required.
all migrants, but if they are
choosing these activities,
Border trade and better opportunities in border areas
the only reason behind it is
in both the countries can be helpful in this situation
that they are not getting
up to some extent.
opportunities of earning
International law does not provide for
their bread by regular and
legal means in either
unilateral deportation against the views of the
country.
origination of country. So, bilateral talks and
agreement is required to solve this problem. Both the
countries should take some positive decisions for the
demarcation of borders. The Bangladeshi Government should take effective measures to
make a convincing atmosphere for the non-Muslims and deprived sections of the country.
Social awareness and prudent leadership are required to solve this problem. Efforts should
78 Scholar’s Voice: A New Way of Thinking
CHIRANTAN KUMAR
be made in the direction of a concrete regional arrangement in SAARC to deal with
refugees. But the most important thing is that India should make a policy regarding this
issue which is not in existence till now.
Conclusion
A Problem which has its historical roots so deep can not be solved overnight.
Migration and refugee phenomenon between India and Bangladesh is years old and under
this lie so many issues which have come up from time to time. Regarding policy matters
some argue that the immigrants should be absorbed on humanitarian grounds but no nation
can go for this if it is harming its national interests. Now surely a time has come when we
recognise the dimensions of the problem and see that no further expansion of this problem
takes place. Though some steps have been taken in the past to solve this problem like the
repatriation of some Chakma refugees in 1998 who were living in the refugee camps of
Tripura for almost 12 years and Abolition of IMDT Act in 2005, but still much work is
required. From 1993 to Sep 1998 the BSF tried to hand over 39745 illegal migrants to the
Bangladesh Rifles. The latter accepted only 9253.68 This trend is still going on. The people
who are suspected as Bangladeshi migrants by the Border Security Force are pushed
towards Bangladesh and Bangladesh Rifles pushes them back to India by saying that they
are not Bangladeshis.
The intelligence reports about the nexus between the Chakma refugees and the
underground extremists operating in the northeast India is a cause for serious concern. This
is a fact that conducting illegal activities in India is not the motive of all migrants, but if
they are choosing these activities, the only reason behind it is that they are not getting
opportunities of earning their bread by regular and legal means in either country. This is a
dangerous situation and half-baked solutions are bound to create more security challenges
in future.69
Repatriation may be a solution in this case but India should not look on it as the
only solution as it should be understood that this phenomenon is so obvious and natural in
the situation which exists in this region. Some academicians believe that the flow of
population from Bangladesh to India will continue unabated, perhaps at an even greater
pace.70 Some preventive measures can be taken to stop further migration and for that
Bangladesh will also have to create a promising atmosphere inside the country to prevent
potential migrants from leaving. Political commitment and strong goodwill is a must to
improve the situation.
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All enquiries pertaining to renewal of subscription, non-receipt of
any issue of the Journal should be addressed to the Editor:
Rakesh Kumar
Sr. Research Fellow (UGC),
Dept. of Defence and Strategic Studies,
University of Allahabad, Allahabad
46/2, Head Post Office,
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