SC allows entry of pregnant woman, her child into India from Bangladesh

The Supreme Court on Wednesday allowed on “humanitarian grounds” the entry of a pregnant woman and her eight-year-old child into India, months after they were pushed into Bangladesh.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi asked the West Bengal Government to take care of the minor and directed the chief medical officer of Birbhum district to provide all possible medical assistance to the pregnant woman Sunali Khatun, including free-of-cost delivery.

The bench noted the submission of Solicitor General Tushar Mehta, appearing for the Centre, that the competent authority has agreed to allow the woman and her child into the country purely on humanitarian grounds without prejudice to rights and contentions, and they would be kept under surveillance. The top court was hearing a plea of the Centre challenging the September 26 order of the Calcutta High Court by which it had set aside the central Government’s decision to deport Khatun and others to Bangladesh and termed it as “illegal.” The bench further said they would eventually be brought back to Delhi from where they were picked up and deported to Bangladesh.

However, senior advocates Kapil Sibal and Sanjay Hegde, appearing for the woman’s father, said it would be appropriate that she and her child are brought to their home district, Birbhum in West Bengal, where her father resides.

The senior counsels urged the court that there were others also, including Khatun’s husband, who are in Bangladesh, and need to be brought back to India, for which Mehta may seek further instruction.  Mehta contended that he would be contesting their claim of being Indian citizens and maintained that they were Bangladeshi nationals and it was only on humanitarian grounds that the Union Government was allowing the woman and her child into India. 

Justice Bagchi said if the woman establishes credentials that she is the daughter of Bhodu Sheikh, then it would be sufficient to establish her Indian citizenship.

The top court posted the matter for hearing on December 10. The woman’s father alleged that the families, working as daily wage earners in Sector 26 of the Rohini area in Delhi for over two decades, were picked up by police on June 18 on suspicion of being Bangladeshis and subsequently pushed across the border on June 27.

On December 1, the top court asked the Centre to consider allowing the woman and her child into India while keeping her under “surveillance”.