1. Context: Deportation and Pushback Incidents

• Recent incidents in West Bengal and Assam show people being pushed back to Bangladesh or detained on suspicion of being illegal immigrants.
  
  
• Many of those being deported/pushed back speak Bengali and are assumed to be from Bangladesh.
  
  
• Assam CM and Union Home Ministry have increased efforts to detect and deport illegal foreigners.
  
  

2. Terminology Clarified: Deportation vs Pushback

🔹 Deportation:

• A legal process involving:
  
  
  • Arrest and detention.
    
    
  • Judicial scrutiny in court.
    
    
  • Proof that the person entered illegally and has no valid documents.
    
    
• Deportation follows due process, especially for those who have been living in India long-term.
  
  

🔹 Pushback:

• A non-legal practice, typically done at the border by security forces.
  
  
• Individuals caught crossing without documents are immediately returned, often without formal procedure.
  
  
• Increasingly used as a deterrence measure, especially in border states like Assam.
  
  

3. The Role of the Foreigners Act, 1950

• Section 2 of the Act empowers district magistrates to:
  
  
  • Identify illegal foreigners.
    
    
  • Issue expulsion orders.
    
    
  • Arrest and remove them.
    
    
• Based on this, Assam is implementing an expulsion campaign against “illegal immigrants”.
  
  
• No requirement for central clearance in deportation unless the individual is a citizen of another country.
  
  

4. Policy Differentiation by Origin

• Nepal and Bhutan: India has Free Movement Agreements (FMA)—residents can move freely within 10–16 km of the border.
  
  
• Bangladesh and Myanmar: Require visas and valid documentation.
  
  
• Influx from Myanmar into Mizoram: India has treated Myanmar refugees (e.g., Chin community) with more humanitarian concern.
  
  

5. Challenges and Controversies

• No formal repatriation agreement between India and Bangladesh.
  
  
• In the absence of formal recognition by Bangladesh, people deported may be re-admitted to India or rendered stateless.
  
  
• Confusion and conflict arise over:
  
  
  • Identity documentation.
    
    
  • Religion and language-based profiling (especially Bengali-speaking Muslims and Hindus).
    
    
• Critics argue this violates humanitarian standards and international refugee protections (e.g., UN Refugee Convention, which India is not a signatory to).
  
  

6. Recent Trends & Political Angle

• Since April 2024 attacks, there’s been a surge in enforcement, especially in Assam, Bengal, and Tripura.
  
  
• The pushback policy is politically charged and often targets specific communities (e.g., Bengali-speaking Muslims).
  
  
• States like Jharkhand have objected to pushbacks without judicial due process.
  
  

7. Constitutional and Human Rights Dimensions

• Deportation affects Article 21 rights (Right to Life and Liberty).
  
  
• Risk of discrimination and statelessness, especially for people born in India without proper documentation.
  
  
• Refugee protections are not codified in Indian law—handled under discretionary state powers and the Foreigners Act.
  
  

 UPSC GS2-Style Questions (Governance, Internal Security, Human Rights)

🔹 10-Marker (150 words)

1. Differentiate between deportation and pushback in the context of India’s immigration control mechanisms.
   
   
2. Discuss the legal and humanitarian challenges associated with India’s deportation of illegal immigrants.