Gauhati High Court Orders Assam to Compensate Woman Deported to Bangladesh

The Gauhati High Court has mandated the Assam government to pay a compensation of Rs 2 lakh to the son of Jahanara Begum, a Bengali-origin Muslim woman who was forcibly deported to Bangladesh. This ruling, delivered on Monday, highlights ongoing concerns regarding deportation practices in the state and the rights of individuals at risk of statelessness.

Jahanara Begum’s troubles began when a foreigners tribunal—an entity specifically established in Assam to adjudicate issues of nationality—declared her a foreigner in 2019. Following this declaration, she was deported in June 2023, a decision that drew significant scrutiny. The High Court’s recent ruling marks a significant moment in legal precedents concerning deportation, as it represents one of the first instances where the court has held the state accountable for such actions.

The court’s decision comes on the heels of another similar case involving Mumtaz Begum, who also faced forced deportation to Bangladesh. In both instances, the High Court has consistently ruled in favor of compensating the affected individuals, emphasizing the need for lawful processes. This reinforces the court’s position that the state cannot arbitrarily impose deportations without adhering to established legal protocols.

In the case of Jahanara, her son successfully challenged the manner of his mother’s deportation, arguing that the authorities failed to provide her or any adult family member with a copy of the tribunal’s order before her expulsion. The High Court found this lack of communication particularly egregious, suggesting it severely undermined her ability to contest the tribunal’s decision further. As a result, the court annulled the original declaration of foreigner status made by the tribunal.

This latest ruling comes amid heightened scrutiny of Assam’s foreigners tribunals, which have faced criticism for their opaque procedures and the considerable risks they pose to individuals of Bengali descent. The legal landscape surrounding citizenship and deportation in Assam remains contentious, as many individuals fear being labeled as foreigners and subsequently deported. The High Court’s decision to compensate Jahanara Begum’s family serves as a critical reminder of the judiciary’s role in safeguarding the rights of individuals within the framework of the law.

Source: scroll.in