Pregnant Sunali Khatun Returns to India After Supreme Court Intervention

A Case Highlighting Deportation Procedures, Migrant Rights, and Constitutional Protections

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Background: Deportation of a Pregnant Woman Sparks National Debate

In June 2024, Sunali Khatun, a pregnant resident of Birbhum, West Bengal, and her eight-year-old son were detained in Delhi on suspicion of being illegal Bangladeshi immigrants. On June 24, both were deported to Bangladesh along with her husband and members of another migrant worker family.

Their deportation was carried out on the direction of the Foreigner Regional Registration Office (FRRO) Delhi. On June 26, the Border Guard Bangladesh (BGB) arrested the deported families under the Control of Entry Act for entering Bangladesh without valid documents.

This incident triggered political tensions between the Trinamool Congress (TMC) and the Bharatiya Janata Party (BJP), especially with the 2026 West Bengal elections approaching.

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Supreme Court’s Humanitarian Intervention

Two days before Sunali’s return, the Supreme Court of India urged the Union Government to allow her re-entry into India on “humanitarian grounds,” given her advanced stage of pregnancy.

Following the Court’s direction, Sunali and her son re-entered India through the Mahadipur border in Malda district. She was immediately taken to Malda Medical College and Hospital for medical examination.

Officials stated that she would be taken to her home in Paikar, Birbhum, upon medical clearance.

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Political Reactions and Accusations

The deportation led to a political row in West Bengal. TMC leaders accused BJP-led states of declaring Bengali-speaking migrant workers as “Bangladeshi infiltrators” without proper verification. They labelled these actions as politically motivated and discriminatory.

TMC Rajya Sabha MP Samirul Islam, who is providing legal support to the affected families, called Sunali's return a “victory” and a “historic moment,” alleging that poor Bengali labourers were subjected to illegal deportation and mistreatment.

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Identity of the Affected Families

According to TMC claims, all deported individuals were originally residents of Birbhum district, West Bengal:

• Sunali Khatun

• Her husband, Danish Sheikh

• Their minor son

• Another couple: Sweety Bibi and Kurban Sheikh

• Their minor son, Imam Dewan

Both families had gone to Delhi seeking employment. They were allegedly picked up from the Rohini area on June 24.

Sunali’s father, Bhadu Sheikh, and a relative of the second family, Amir Khan, subsequently approached the High Court after the deportation.

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Legal Analysis

Statutory Provisions, Constitutional Safeguards, and Judicial Precedents Relevant to the Case

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Key Statutes Involved

1. Foreigners Act, 1946

The primary law governing entry, stay, and deportation of foreign nationals.
Relevant provisions:

• Section 3: Empowers the Central Government to issue orders regarding deportation.

• Section 9: Burden of proof lies on the person to prove that they are not a foreigner.

2. Foreigners (Tribunals) Order, 1964

This framework mandates adjudication of suspected nationality disputes by quasi-judicial tribunals.
Relevance:
Deportation without a formal Tribunal determination raises serious due process concerns.

3. The Registration of Foreigners Act, 1939

Gives FRRO authority to regulate foreigners’ presence and movement in India.
However, deportation still requires procedural safeguards and factual verification.

4. The Constitution of India

Key constitutional protections implicated:

• Article 14: Right to equality and non-arbitrariness in State action.

• Article 21: Right to life and personal liberty, applicable even to non-citizens.
  Includes protection against arbitrary detention, deportation, or actions violating dignity.

• Article 23: Prohibition of trafficking and forced labour; relevant in migrant worker contexts.

5. Control of Entry Act (Bangladesh)

Bangladesh law under which BGB arrested the deported individuals for illegal entry.
This highlights international and cross-border legal implications.

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Constitutional Concerns Raised

1. Due Process Violation

If deportation occurred without proper inquiry or Tribunal proceedings, it implies:

• violation of natural justice

• arbitrary state action

• failure to follow statutory procedure

2. Humanitarian Rights During Pregnancy

The Supreme Court intervened on humanitarian grounds, aligning with Article 21 protections for the dignity and health of pregnant women.

3. Right to Family and Child Welfare

Given that Sunali was deported with her minor son, the best interest of the child principle may also be relevant.

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Judicial Precedents Applicable to the Case

1. Sarbananda Sonowal (I) v. Union of India (2005)

The Supreme Court held that deportation must follow strict procedures, emphasising national security but also procedural fairness.

2. Hans Muller of Nuremberg v. Superintendent, Presidency Jail (1955)

The Court held that deportation is permissible but only under established legal procedures.

3. Louis De Raedt v. Union of India (1991)

Reaffirmed that the right to life under Article 21 applies to all persons, including foreigners.

4. National Human Rights Commission v. State of Arunachal Pradesh (1996)

The Supreme Court held that the State must protect the life, liberty, and dignity of all persons, including non-citizens.

5. Maneka Gandhi v. Union of India (1978)

Any procedure restricting personal liberty must be fair, reasonable, and non-arbitrary.

These precedents support the view that deportation without due process and without considering humanitarian factors would violate constitutional mandates.

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Conclusion

The return of pregnant migrant worker Sunali Khatun to India following Supreme Court intervention is more than a personal relief story. It exposes systemic concerns about migrant profiling, procedural lapses in deportation actions, and the risk of violating constitutional protections.

The case underscores several key issues:

• the need for proper verification before declaring individuals as foreigners

• the importance of due process under the Foreigners Act

• judicial responsibility to uphold humanitarian considerations

• political tensions surrounding migration and identity in West Bengal

This episode is likely to influence future debates on illegal migration, human rights protections, and the responsibilities of law enforcement in dealing with vulnerable migrant populations.

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