Why India’s border ‘push-ins’ are unwarranted

India’s approach to border management has long been marked by aggression, with frequent reports of the country’s Border Security Force (BSF) resorting to shooting, torturing, or killing Bangladeshi nationals along the border. In recent weeks, this aggressive stance has taken a disturbing turn: a significant number of people have been forcibly pushed into Bangladesh from India.

According to reports published in Prothom Alo, from 4 to 7 May, 167 people were pushed across the border into Bangladesh through five different districts. These included 73 through Khagrachhari, 46 through Kurigram, 23 through Sylhet, 15 through Moulvibazar, and 10 through Chuadanga. Then, on 9 May, the BSF offloaded another 78 individuals in Mandarbaria Char, a remote island in the Sundarbans region of Shyamnagar upazila.

Many of them were severely ill after being deprived of food for days; some bore visible signs of physical abuse, while one had a fractured arm. According to the victims, they were blindfolded, subjected to brutal treatment, and airlifted from Gujarat to Bangladesh. 

The Border Guard Bangladesh (BGB) has confirmed that those pushed into the country include nationals of three countries - Bangladesh, India, and Myanmar.

Among them are long-term Bangladeshi migrants who had lived in India for 20–25 years, often with families, and had obtained Indian Aadhaar cards and other official documents. The Indian authorities reportedly confiscated those documents and forcibly separated individuals from their families before pushing them into Bangladesh.

There are also Rohingya refugees in the group - some previously registered in camps in Bangladesh, others recognised as refugees in India with valid UNHCR identity cards issued there.

International law and bilateral agreements clearly stipulate that if a foreign national is found to have entered a country illegally, due process must be followed for repatriation. The actions taken by India - bypassing all diplomatic protocols and forcibly pushing people into Bangladesh - are not only illegal but also constitute a gross violation of human rights and international norms.

Bangladesh responded by issuing a diplomatic note of protest to India on 9 May. However, the situation remains tense, with reports indicating that more groups of people are being assembled along the border for further push-ins.

This sudden escalation is not without precedent. In the early 2000s, during the first BJP-led NDA government, push-ins were a common practice. That trend largely subsided following political changes in both countries.

But now, in the wake of Bangladesh’s political transition following the 5 August mass uprising—which led to the fall of the India-aligned Awami League government—India appears to be increasingly putting pressure on Bangladesh.

These push-ins are unlikely to be isolated or accidental. Rather, they suggest a calculated effort by India to exert pressure on Bangladesh's interim administration. This pressure is being exerted in parallel with negative propaganda about Bangladesh in Indian media subservient to the ruling BJP.

Importantly, Bangladesh has not retaliated by suspending India’s access to transit routes or port facilities, despite these being critical to India’s connectivity in the region. Yet, in a unilateral move, India revoked Bangladesh’s transshipment privileges for third-country exports via Indian territory—without any prior notice.

Despite protests from Bangladesh, the continued killing of Bangladeshi citizens by BSF and the recent push-ins appear to be part of a broader policy of intimidation and pressure.

If India’s objective were to combat illegal infiltration, there would have been no need to blindfold and torture these individuals, including women and children, and abandon them in uninhabited terrain along the border. India and Bangladesh have several protocols in place for border management. Two key agreements are the Joint India-Bangladesh Guidelines for Border Authorities of the Two Countries (1975) and the India-Bangladesh Coordinated Border Management Plan (CBMP) of 2011.

Under these protocols, all types of border issues, including human trafficking, can be resolved through dialogue. For instance, under the CBMP, nodal officers have been appointed by both the Indian BSF and the Bangladesh BGB to address issues such as illegal infiltration and human trafficking. Their responsibilities include initiating peaceful resolutions to border-related disputes and informing higher authorities when necessary. It is evident that unilaterally pushing large numbers of people into Bangladesh constitutes a violation of the CBMP.

Such forced expulsion is also illegal under international law and customary practice. Article 13 of the International Covenant on Civil and Political Rights (ICCPR) states that a person lawfully present in a country shall not be expelled without due process of law.

While this provision formally applies to legal residents, Article 12(4) affirms that no one shall be arbitrarily deprived of the right to enter their own country. According to the UN Human Rights Committee, this right extends even to those lacking legal documentation but who have long resided in a country. As both India and Bangladesh are signatories to the ICCPR, India is clearly violating the agreement by expelling Bengali-speaking individuals who have lived in India for many years.

Furthermore, Article 22 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families prohibits the expulsion of any migrant worker or their family members without due legal process. It explicitly forbids mass expulsions, requiring that each case be assessed individually before any decision is made.

Similarly, Article 4 of Protocol no. 4 to the European Convention on Human Rights, Article 22(9) of the American Convention on Human Rights, Article 12(5) of the African Charter on Human and Peoples’ Rights, and Article 26(1) of the Arab Charter on Human Rights all prohibit the mass expulsion of foreign nationals without due process. (Expulsions of Aliens in International Human Rights Law, OHCHR Discussion Paper, Geneva, 2006)

By forcibly expelling Bengali-speaking people and Rohingyas who have resided in its territory for an extended period, India is violating all relevant international laws, norms, and conventions. 

Bangladesh should firmly protest these incidents through diplomatic channels and demand the repatriation of illegally pushed Indian nationals and registered Rohingya refugees through lawful procedures. At the same time, border surveillance must be enhanced to prevent such push-ins from recurring. If these illegal push-ins continue, Bangladesh should consider taking the issue to the United Nations.

* Kallol Mustafa, Writer and Researcher 

** This article, originally published Prothom Alo Bangla edition, has been rewritten in English by Farjana Liakat