Since early 2023, diplomatic tensions between India and Bangladesh have escalated over allegations by Dhaka that Indian border forces are engaging in 'push-in' operations—forcing Bangladeshi nationals back across the border without due process. India, in turn, has urged Bangladesh to accelerate the repatriation of illegal Bangladeshi migrants identified within Indian territory. The India-Bangladesh border, spanning approximately 4,096 km, remains porous with frequent illegal crossings, predominantly affecting states like West Bengal and Assam. These developments underscore the urgent need for a legally binding, time-bound bilateral mechanism to manage illegal migration while balancing sovereignty and human rights obligations.

Legal and Constitutional Framework Governing Illegal Migration

India’s approach to illegal migration from Bangladesh is primarily governed by the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. Sections 3 and 9 of the Foreigners Act criminalize illegal entry and empower authorities to deport illegal migrants. The 2011 India-Bangladesh Memorandum of Understanding (MoU) provides a bilateral framework for identifying and repatriating illegal migrants, stipulating repatriation within six months. Article 355 of the Indian Constitution mandates the Centre to protect states against external aggression, underpinning border security operations. The Supreme Court ruling in Sarbananda Sonowal v. Union of India (2005) clarified that illegal immigrants do not enjoy constitutional rights as citizens but are entitled to due process under law.

• Foreigners Act, 1946: Defines illegal entry, detention, and deportation procedures.
• Passport (Entry into India) Act, 1920: Regulates entry and exit of persons across borders.
• Article 355: Obliges Centre to protect states from external aggression and maintain law and order.
• 2011 India-Bangladesh MoU: Sets timelines and procedures for repatriation of illegal migrants.
• Sarbananda Sonowal case (2005): Distinguishes rights of illegal immigrants versus citizens.

Economic and Security Implications of Illegal Migration

Illegal migration from Bangladesh imposes significant economic and security burdens on border states like West Bengal and Assam. Public services such as healthcare, education, and housing face increased demand, straining state budgets. The Ministry of Home Affairs (MHA) estimates the annual cost of managing illegal immigration and border security exceeds INR 1,200 crore. Migrants contribute to informal labor markets and remittances but remain outside formal economic integration, complicating policy responses. Security challenges include infiltration by criminal elements and potential communal tensions, necessitating robust border management by the Border Security Force (BSF).

• West Bengal and Assam account for over 60% of illegal immigrant apprehensions along the India-Bangladesh border (BSF, 2023).
• Annual budgetary allocation for illegal migration management and border security exceeds INR 1,200 crore (MHA, 2023).
• Illegal migrants contribute to informal labor but lack formal economic rights or protections.
• Security risks include cross-border crime and demographic pressures on local communities.

Institutional Roles in Managing Illegal Migration

The Ministry of Home Affairs (MHA) leads internal security and immigration enforcement, coordinating with the Border Security Force (BSF) that patrols the 4,096 km India-Bangladesh border. The Ministry of External Affairs (MEA) manages diplomatic engagement with Bangladesh’s Ministry of Home Affairs, which handles repatriation logistics and border management on their side. The United Nations High Commissioner for Refugees (UNHCR) provides international standards and guidelines on refugee and migrant rights, influencing bilateral practices. Despite these institutional arrangements, coordination gaps persist, especially in biometric data sharing and grievance redressal mechanisms for migrants.

• MHA: Policy formulation, enforcement, and repatriation oversight.
• BSF: Border surveillance, interception, and prevention of illegal crossings.
• MEA: Diplomatic negotiations and managing bilateral agreements.
• Bangladesh Ministry of Home Affairs: Facilitates repatriation and border control.
• UNHCR: Advises on human rights and refugee protection standards.

Data on Illegal Migration and Repatriation

Since 2015, over 2.5 lakh illegal Bangladeshi nationals have been identified for repatriation by Indian authorities (MHA, 2023). However, the repatriation rate averages only 20,000 persons annually, causing backlog and diplomatic friction. Bangladesh has lodged at least 15 formal protests since 2021 accusing Indian forces of 'push-in' operations, which involve forcibly returning individuals without legal procedures (MEA reports). The 2011 MoU’s six-month repatriation timeline is routinely violated, with delays extending beyond one year (MEA internal review, 2023). Porous border sections facilitate illegal crossings, complicating enforcement efforts.

Critical Gaps in the Bilateral Framework

The absence of a legally binding, enforceable bilateral protocol with clear timelines and accountability mechanisms leads to persistent repatriation delays. Lack of comprehensive biometric data sharing hinders migrant identification and verification. Grievance redressal systems for migrants subjected to push-back or detention are inadequate, raising human rights concerns. These gaps exacerbate diplomatic tensions and undermine trust between India and Bangladesh. The current framework relies heavily on goodwill and ad hoc arrangements rather than institutionalized processes.

• No binding time-bound repatriation protocol enshrined in treaty form.
• Insufficient biometric and identity data exchange between agencies.
• Absence of independent grievance mechanisms for alleged push-in victims.
• Operational challenges in border surveillance due to terrain and local dynamics.

Way Forward: Strengthening India-Bangladesh Migration Management

India and Bangladesh must negotiate a legally binding, time-bound bilateral agreement with explicit accountability clauses to expedite repatriation. Establishing a joint biometric database and secure data-sharing protocols will improve migrant identification. Creating an independent, bilateral grievance redressal mechanism can address push-in allegations and protect human rights. Enhanced coordination between MHA, MEA, BSF, and Bangladesh counterparts is essential for operational efficiency. Incorporating UNHCR guidelines can align bilateral practices with international norms, reducing diplomatic friction.

• Negotiate a binding bilateral treaty with six-month repatriation deadlines and penalties for non-compliance.
• Implement joint biometric data systems and real-time information exchange.
• Set up a bilateral grievance redressal body with participation from civil society and international observers.
• Increase capacity building and joint border patrols to reduce illegal crossings.
• Integrate human rights standards from UNHCR into bilateral protocols.

Jharkhand & JPSC Relevance

• JPSC Paper: Paper 2 – Indian Polity and Governance (State-Centre relations, internal security)
• Jharkhand Angle: Jharkhand shares a porous border with Bangladesh via West Bengal and Bihar, facing similar illegal migration and security challenges.
• Mains Pointer: Frame answers highlighting constitutional provisions like Article 355, state security concerns, and need for inter-state coordination in border management.