PIL on 'Detention' of Bengali-Speaking Migrant Workers: SC Seeks Replies from Centre, States

PTI, August 14, 2025, New Delhi : The Supreme Court on Thursday agreed to hear a PIL alleging the detention of Bengali-speaking migrant workers on suspicion of being Bangladeshi nationals.

A bench of Justices Surya Kant and Joymalya Bagchi, however, refused to pass any interim order regarding the detention, stating that any order would have consequences, particularly concerning individuals who genuinely came from across the borders.

"States where these migrant workers are working have the right to inquire from their state of origin about their bona fide status, but the problem lies in the interregnum. If we pass any interim orders, it will have consequences, especially for those who have illegally come from across the border and need to be deported under the law. If someone enters illegally, detention may be necessary; otherwise, they could disappear before verification,” the bench stated.

The bench asked advocate Prashant Bhushan, appearing for the petitioner West Bengal Migrant Welfare Board, to wait until the Centre and nine states—Odisha, Rajasthan, Maharashtra, Delhi, Bihar, Uttar Pradesh, Chhattisgarh, Haryana, and West Bengal—filed their responses.

Bhushan alleged that people were being harassed by the states simply because they were Bengali-speaking and possessed documents in the language, based on a circular issued by the Ministry of Home Affairs (MHA).

"They are being detained while an inquiry is being conducted regarding their bona fide status, and in some cases, they are even tortured. Kindly pass some interim order that no detention will take place. I have no problem with inquiries, but there should not be any detention," Bhushan submitted.

Bhushan also mentioned that some deported individuals were brought back after verification but flagged the arbitrary enforcement of the MHA order.

The bench acknowledged the need for a mechanism to ensure that genuine citizens were not harassed. Justice Kant suggested the creation of a nodal agency to coordinate between the home and work states to help establish the bona fide status of migrant workers.

Justice Bagchi emphasized that the scale of migration from eastern states to northern and southern states was "too much," and a nodal agency could assist in managing the verification process.

The PIL raised concerns over the alleged systemic and arbitrary detention of migrant workers and laborers, particularly from West Bengal, by various other states.

"The instant petition challenges the legality of such detentions of migrant workers, particularly in light of the Ministry of Home Affairs’ letter dated May 2, 2025, which authorizes inter-state verification and detention of suspected illegal immigrants," the petition stated.

The plea argued that migrant workers from West Bengal, predominantly employed in low-income and informal sectors in various states, were facing systemic social exclusion based on linguistic identity, economic insecurity, and precarious living conditions in detaining states.

"Despite their lawful citizenship, a section of individuals are subjected to discriminatory action and detention practices solely on the basis of their regional origin, linguistic identity, or socioeconomic status," it noted.

The plea further argued that such discrimination violated Articles 14 and 15 of the Constitution, which guarantee equality before the law and prohibit discrimination on grounds including place of birth.

"The detention policies reinforce harmful stereotypes and unfounded suspicion against inter-State Bengali migrants, undermining constitutional principles of equality and fraternity," the petition stated.

Arguing that the detentions were conducted without lawful procedures, the plea emphasized that the mass and arbitrary detention of Bengali migrants on the grounds of speaking Bengali directly infringed on their right to personal liberty under Article 21.

"The authorities in the detaining states have repeatedly failed to follow due process for the identification of citizenship. There is a serious lack of proper verification of identity or citizenship, coordination with the police or families in West Bengal, and an institutional framework for verification before they are detained," the petition concluded.