India has sent over 1,137 diplomatic notes (notes verbale) and 456 consolidated reminders to Bangladesh since September 2020 regarding the repatriation of suspected illegal Bangladeshi immigrants, without receiving “an actionable response,” according to an External Affairs Ministry diplomatic document reviewed by The Hindu. This disclosure came in a note verbale sent on April 30, hours after Bangladesh summoned the Indian envoy to protest remarks by Assam Chief Minister Himanta Biswa Sarma, who claimed that Indian border guards were “pushing in” suspected Bangladeshi individuals through unguarded border sections.
The issue has become central to India-Bangladesh bilateral relations, particularly in the context of the BJP’s victory in West Bengal — a State sharing over 2,216 km of the 4,096 km India-Bangladesh border. Home Minister Amit Shah explicitly described the West Bengal victory as plugging “one of the biggest holes in national security,” referencing infiltration and cattle-smuggling concerns. Bangladesh’s Foreign Minister and Home Minister have warned of “adequate measures” if push-ins continue.
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For UPSC aspirants, this case study integrates international law on statelessness and repatriation, India’s Citizenship Amendment Act debates, border management, federal dimensions of immigration enforcement, and the evolving India-Bangladesh relationship post-Sheikh Hasina’s exit.
Background and Context: The Scale of the Problem and Legal Framework
The Indian government’s note verbale states that over 2,862 cases of nationality verification are pending with Bangladesh, some for over five years. The Foreigners Act, 1946, and the Citizenship Act, 1955, provide the domestic legal framework for identifying and deporting illegal immigrants. The Foreigners Tribunals in Assam — established under the Foreigners (Tribunals) Order, 1964 — have been the primary institutional mechanism, though their functioning has faced Supreme Court scrutiny regarding due process.
Five Important Key Points
- India has sent 1,137 notes verbale and 456 consolidated reminders to Bangladesh since September 2020 seeking nationality verification and repatriation of over 2,862 suspected illegal immigrants, with the External Affairs Ministry confirming that a majority have received no actionable response from Dhaka.
- The controversy was triggered by Assam Chief Minister Himanta Biswa Sarma’s claim that Indian border guards were “pushing in” suspected Bangladeshi nationals through unguarded border sections — a charge Bangladesh’s Foreign Ministry and Home Ministry have categorically denied and threatened to respond to with “adequate measures.”
- India shares a 4,096-km land border with Bangladesh, of which over 2,216 km runs through West Bengal — the state where the BJP won 207 of 294 Assembly seats in 2026, making border security a politically heightened concern.
- The Citizenship Amendment Act, 2019, which provides a fast-track naturalisation pathway for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Bangladesh, Pakistan, and Afghanistan, intersects directly with this issue, as it implicitly acknowledges the reality of migration while excluding Muslim migrants.
- Bangladesh’s changed political landscape following Sheikh Hasina’s exit has made bilateral cooperation on border management and illegal immigration more complicated, as the interim administration has adopted a more assertive posture toward India on sovereignty concerns.
International Law on Repatriation and Statelessness
Under customary international law and the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness — to which India is not a signatory but which reflect customary norms — states have obligations concerning individuals who cannot be attributed to any nationality. A key principle is that states cannot expel individuals to territories where their nationality is not confirmed, as this risks creating stateless persons.
Bangladesh’s reluctance to verify nationality claims may partly reflect this legal complexity — it cannot acknowledge individuals as its nationals without triggering domestic political backlash — and partly reflects a strategic calculation to use the issue as leverage in broader bilateral negotiations. India’s approach of issuing diplomatic notes creates a formal record but lacks enforcement mechanisms under international law absent a bilateral treaty framework specifically addressing repatriation.
The NRC Process in Assam: Institutional Context
The National Register of Citizens (NRC) in Assam, completed in 2019 and listing 31.1 million people as citizens while excluding approximately 1.9 million, was the domestic institutional response to illegal immigration. However, its implementation remains contested — over 1 million individuals with borderline documentation face Foreigners Tribunal proceedings, and the Supreme Court has monitored the process closely through PIL interventions. The NRC’s legal finality remains uncertain as the updated list has not been officially notified by the government.
The Foreigners Tribunals have themselves been criticised for inconsistent standards of proof, inadequate legal representation for respondents, and high rates of ex-parte orders against individuals unable to appear. The Supreme Court, in multiple orders in the Assam NRC matter (Writ Petition Civil 274 of 2009), has attempted to balance state security interests with individual due process rights.
The CAA-NRC Matrix and Minority Rights
The Citizenship Amendment Act, 2019, significantly complicates India’s position in bilateral negotiations with Bangladesh. CAA explicitly treats Bangladeshi Hindus differently from Bangladeshi Muslims in the naturalisation pathway. Bangladesh has officially protested this as discriminatory and potentially interfering in its internal religious affairs. India’s position that CAA addresses historical religious persecution does not fully resolve Bangladesh’s concern that the law signals India’s willingness to selectively absorb its minority population while resisting Muslim migration — creating asymmetric incentives.
Border Management: BSF Jurisdiction and Fence Infrastructure
The Border Security Force (BSF), with primary jurisdiction over the India-Bangladesh border, operates under the Border Security Force Act, 1968. The March 2021 amendment to BSF jurisdiction — extending the operational area from 15 km to 50 km from the international border in West Bengal, Punjab, and Assam — was contested by state governments as encroaching on state police jurisdiction under Entry 2 of the State List. West Bengal had opposed this extension, and with the new BJP government under Suvendu Adhikari, centre-state coordination on border management is expected to improve.
The Smart Fencing Project (Comprehensive Integrated Border Management System) along the India-Bangladesh border aims to cover the entire unfenced or floodprone sections with electronic surveillance. Accelerating this project is essential for reducing infiltration claims that create bilateral diplomatic friction.
Way Forward
India should propose a formal bilateral Readmission Agreement with Bangladesh, mirroring frameworks between EU states and origin countries, which would establish clear procedures, timelines, and dispute resolution mechanisms for repatriation. Simultaneously, India should work within SAARC and BIMSTEC frameworks to develop a regional protocol on cross-border migration management. Domestically, Foreigners Tribunals need procedural reform to ensure due process while maintaining efficiency. The Smart Fencing Project must be completed with a time-bound target. India’s diplomacy toward Bangladesh must balance firmness on sovereignty concerns with the strategic imperative of maintaining Bangladesh as a cooperative neighbour in India’s “Neighbourhood First” policy.
Relevance for UPSC and SSC Examinations
UPSC GS-II: India’s foreign policy toward neighbours, international law, bilateral agreements, Citizenship Amendment Act, NRC, border management; GS-III: Internal security, border management, infiltration. SSC: Current affairs, India’s neighbourhood relations, constitutional provisions on citizenship. Key terms: Notes Verbale, Foreigners Act, NRC Assam, Foreigners Tribunals, CAA 2019, Smart Fencing, CIBMS, BSF Jurisdiction, Readmission Agreement, Neighbourhood First Policy.