The Supreme Court of India has directed the Union government to repatriate a 26-year-old, heavily pregnant woman from Bangladesh on humanitarian grounds, marking a significant turn in a complex case involving citizenship and human rights. Sunali Khatun, who is nine months pregnant and spent over three months in a Bangladeshi jail, expressed her delight at the order but remains uncertain about her immediate return to her family in West Bengal.
A Long Wait for Homecoming
Speaking to the Times of India over the phone from Bangladesh, Sunali Khatun said she is "delighted" by the apex court's direction but is unsure when she will finally reunite with her parents in Birbhum district. "I want to return to my home in Birbhum immediately, but do not know if that would be a reality," she stated. The young woman, recovering from her jail term, is also grappling with health concerns. "I have pain in my lower back. Doctors told me I am 9 months and 10 days pregnant. I don't know if my baby will be born in India or here," she added, highlighting her precarious situation.
Supreme Court's Humanitarian Intervention
More than five months after her deportation to Bangladesh, the Union government informed a Supreme Court bench on Wednesday that it would, "purely on humanitarian grounds," facilitate the return of Sunali Khatun and her eight-year-old son. The government, however, maintained its stand that she is an illegal immigrant from Bangladesh. The bench, comprising CJI Surya Kant and Justice Joymalya Bagchi, observed that "Law has to bend before humanity" and asked Solicitor General Tushar Mehta to seek instructions regarding four others detained and deported in June.
The legal breakthrough follows an October 3 ruling by a Bangladeshi court, which declared Sunali and her family to be Indian citizens. Appearing for Sunali's father, Bhodu Sekh, senior advocate Sanjay Hegde argued that she would be better cared for in her village in Birbhum. The bench agreed, directing the Centre to send her to Birbhum after repatriation along with her son and ordering the Birbhum district medical officer to provide her with free healthcare.
Citizenship Questions and Future Proceedings
The Supreme Court raised a pivotal legal point for the government's consideration. Since no action has been taken against Bhodu Sheikh on grounds of being a Bangladeshi national, it infers he is an Indian citizen. Therefore, if Sunali proves she is his biological daughter, she and her son should automatically be considered Indian citizens. The court clarified this would not hold if she is not biologically related to Bhodu.
The bench suggested the government could conduct a summary inquiry into her citizenship while adhering to natural justice principles. Solicitor General Tushar Mehta stated that Sunali and five others were detained in Delhi, not Birbhum, and a preliminary enquiry found they lacked documentary proof of Indian citizenship. He expressed readiness to argue the citizenship case for all six individuals. The matter has been posted for further hearing on December 12.
The West Bengal government, represented by Kapil Sibal, supported the plea and requested the SC to seek the Centre's response on the return of the other four individuals, including Sunali's husband, Danish.
