Académique Documents
Professionnel Documents
Culture Documents
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms
Indian Political Science Association is collaborating with JSTOR to digitize, preserve and
extend access to The Indian Journal of Political Science
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science
Vol. LXX, No. 4, Oct.-Dec., 2009, pp. 1007 1020
Vanita Banjan
The paper is a study on migration as a global phenomenon and in this context investigates
specifically the issue of Bangladeshi migrants in Mumbai. After the 7/1 1, attack on the
Western Railways in Mumbai the immediate needle of suspicion was directed towards
the illegal Bangladeshi migrants. According to Human Right activists these Bangladeshis
are actually economic migrants who cross over illegally purely for survival. But during the
recent elections in Assam and West Bengal the inexplicable demographic changes in
the bordering district bought the seriousness of the issue in the lime light. Maharashtra
especially Mumbai also joined the band wagon asking to deport these migrants which
(according to the local party like the Shiv Sena) collaborated with the Pakistani intelligence
agency to spread terror in the country. The paper deals with the issue at three levels
namely at the level of the migrant, the police administration and politicians. The paper
concludes by emphasising the need to tackle the apprehension about migrants by thinking
out of the box and considering the issue from the perspective of human security.
Introduction
History stands witness to the momentum of people moving from one place to other,
driven by want, needs, aspiration and dreams. In the process the world has gained a great
deal through the creative energy unleashed by experimental learning, assimilation, and
invention. The flexibility to move and the courage to explore the globe has enabled people to
break old ties and relationships and lay down new roots. This has also been interpreted as a
search for "freedom": freedom to move, to seek opportunity, to make ones future. Such
movement in the past was not restricted by rigid and sanctimonious borders, essentially
because the concept of nation state had not emerged. The nation state as designed by the
Treaty of West Phalia on one hand ensured peace and stability amongst nations but blocked
the path of the wanderer by enforcing tremendous restrictive procedure and thus stagnating
his moment. Increasingly the modern nation state has brought with it, its attendant ideologies
of democracy and development, whose basic thrust is to homogenize markets and reproduce
conditions for the free accumulation and expansion of capital. On the other hand, it has
simultaneously moved to restrict the free movement of labour across the political boundaries
of nation states. Thus an entire edifice of legal and constitutional framework has been created,
aimed at regulation, surveillance and disciplining of the movement of people across borders.
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science 1008
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
Illegal Bangladeshi in Mumbai 1009
Definition
Migration means movement of people in space. The dictionary meaning of the term
migrant is "an itinerant worker who travels from one area to another in search of work".
According to international usage, a migrant is someone who leaves a country of which he or
she is a national, or who has left it (an emigrant). This person may be an "immigrant", "non-
national", "foreign passport holder" or simply an "alien" or "foreigner" in the country where
gainful employment is sought 4 The term economic or environmentally displaced migrant
has been recently coined to define the modern day migrant induced to flee his country due to
poverty or environmental degradation of his land or loss of his source of livelihood.
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science 1010
2. they are unwilling to avail themselves of the protection of that country, or to return
there;
Following this definition, only those who have sought asylum in another country and
can conyince the authorities that they, individually or as a group, face a threat to their lives
are regarded as refugees. The concept of a refugee was expanded by the Conventions'
1967 Protocol and by regional conventions in Africa and Latin America to include "persons
who had fled war or other violence in their home country." But even then the threat has to be
of a political nature rather than that of economic or environmental.
The Indian laws define an "illegal migrant" in Section 2(1) (b) of the Acquisition of
Indian Citizenship (IC) Actas a foreigner who entered India:
2. with a valid passport or other prescribed documents but remains in India beyond the
permitted period of time.
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
Illegal Bangladeshi in Mumbai 1011
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science 1012
Mumbai's response
Mumbai is the commercial capital of India and thus lures many to seek their fortune in
the promise d land. Regional parties have been weary of this influx and have stringently
argued against such persistent arrivals. Parties such as the Shiv Sena and lately the
Maharashtra Navniraman Sena (MNS) have been raising the issue of migrants posing strain
on the state economy and leading to unemployment amongst native youth. Most of their
argument against internal migration is nullified by the Indian constitution, which allows its
citizens the fundamental right to move and settle in any part of the country.12 Thus their
diatribe against local migrants has not been able to garner much support for their parties. It
is the Bhartiya Janata Party (BJP) that first raised the issue of Bangladeshi migrants and has
over the period of time been able to heave an alarm over the issue, which has since then
been picked up by their alliance partner in Maharashtra namely the Shiv Sena. The 4100
km. border between India and Bangladesh is the most porous border and it is alleged that
most of these Bangladeshis cross it by making small payment to the Border Security Forces
(BSF). The ambiguity of their future does not dissuade them from exploring the opportunities
on the other side of the border. Once across they seek to take up any small job to sustain
themselves and their family.
Tackling the issue of illegal migration is bound by precincts of its own making. During
the course of the interviews conducted with local politician and police administration the tone
of reference was similar. Both in their own way mentioned that the local people are the ones
who support these migrants as they provide cheap labour. Shiv Sena leader and Member of
Parliament Late Prakash Paranjape in the interview with the researcher, boldly accepted
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
Illegal Bangladeshi in Mumbai 1013
Police Procedure
On the basis of information provided by local informers raids are carried out by the
It is alleged that this informers could be resolving their personal grudges by complainin
their neighbours with whom their relations have soured.13 Suspects are bought to th
station and inquiries through interrogation are carried out. If there is no documentary e
provided to support their claim that they are Indians the case is prepared and they are p
before the court. But inevitably most of them claim to be Indians from some village in W
Bengal. It is then, the responsibility of the police to seek information from the said Gram Panc
The bureaucratic mechanism makes it difficult to collect this information at the earliest
village is well connected, then the police may make telephone calls to seek the required info
but in the absence of modern communication network they have to rely on the postal se
which may take an eternity and meanwhile those arrested have to languish in the prison
people arrested have teenage children then they are left at the remand homes till th
cleared, where as young infants are allowed to be with the mother in the prison. If the co
Gram Panchayat confirms the birth or residence of the concerned person, s/he may be
but if not then the case is filed in the court for deportation.
As per rules, if it is proved that the accused are illegal migrants then they h
under go punishment for coming to India without documents and visa. The punis
involves imprisonment for around six months and there after deportation. Meanw
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science 1014
Political Opinion
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
Illegal Bangladeshi in Mumbai 1015
Table 1
Year Growth in %
Hindu Bangladeshi
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science 1016
Security Issues
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
Illegal Bangladeshi in Mumbai 1017
Suggestions
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science 1018
• Offer temporary citizenship or work permit to legalise undocumented Bangladeshi migrants and regularise
their labour market status.
• Allow them to reside and work but offer them neither citizenship nor any social benefits. (Simon Principle
invoked in European Union)
• If the marginal immigrant makes a non-negative contribution to the treasury you continue to admit
immigrants until the contribution goes to zero.27
• An economically stable Bangladesh will definitely put to rest the problem of illegal migration.
• Constitutional safeguards should be devised for local communities so that they continue to hold political
power, despite the presence of migrants.
• Once identity cards are in place than those from Bangladesh wishing and willing to work in the region (or
for that matter any other part of the country) can be issued work permit.
• No worker will be entitled to political rights such as the right to vote. They will be entitled to buy immovable
property or settle permanently in India.
• A National Immigration Commission which will look at all these issues, plus a National Migration Law and
Refugee Law and also reviewing existing laws such as the Citizenship Act and the Foreigners Act, must
be set up quickly to put policies into place.28
Conclusion
The realist view that nation states were building blocks of an international syst
which their sovereignty should neither be limited nor questioned needs to be recons
They laid emphasis on the threat analysis, preparing the state for conflict and drive to a
power, both military and non-military, preferably at the expense of others. The centrali
the state as the pivot of political life is no longer taken for granted. The state stands cha
under the impact of a globalized world. The growing economic interdependen
autonomous flows of finance and communication erode its autonomy. Ordinary peo
more inclined than ever to reject its authority if their needs and interests are not satisf
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
Illegal Bangladeshi in Mumbai 1019
1. Castles S. and Miller M. J., The Age of Migration- International Population Movement in Mod
Guilford Press, New York, 1993.
2. Singh N. K., 'The undiscovered country of Immigrant', Indian Express, April 24, 2004.
3. Mohsin Amena, 'Towards a Citizen State', in Security in the New Millennium: Views from S
edited by Basrur Rajesh M., Regional Centre for Strategic Studies, Indian Research Press,
2001, pp. 14.
5. Singh Mahavir (Ed), Home Away from Home: Inland Movement of People in India, Published
Abul Kalam Azad Institute of Asian Studies, Kolkata, 2005.
6. A three-judge Bench comprising Chief Justice R.C. Lahoti, Justice G.P. Mathur and Ju
Balasubramanyan, struck down the IMDT Act as unconstitutional, 12th July 2005
7. Democracy Citizens and Migrants: Nationalism in the era of Globalisation excerpts from this repo
in 'Democracy endangered' Communalism Combat, February, Citizen's Campaign for P
Democracy, New Delhi, 2005, pp. 30-35.
11. Fernandes Walter 'IMDT Act and Immigration in North-Eastern India', Economic and Politic
VOL 40, July 23, 2003.
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms
The Indian Journal of Political Science 1020
12. Indian Constitution - Chapter III, Fundamental Rights, Artic
of India; and (e) to reside and settle in any part of the territo
14. The daily allowance per day for each convict during the tim
of Thirty rupees.
19. Advocate Sudarshan Salvi, Vice President Yuva Congress, Thane District and Shri. Dheeraj Salvi, Shiv
Sena.
20. Sharma Shantanu N., 'Border Line', Economic Times, 23 February, 2003.
22. Dixit J. N., 'Turn to other border, its time to sit down for talks', Indian Express, 7 March, 2003.
23. Dubey Muchkund 'Dealing with Bangladesh' The Hindu (Madras) 6 February, 2003.
24. Bidwai Praful 'Beggaring the neighbour', in Beyond the Obvious of F<vntline, 28 February, 2003, pp- 105-
107.
25. News Report, 'Bangladeshi Nagarikana Ration Cardachya Madyamatun Savrakshan Denar Ka?
Vidhansabheth Virodhakancha Santapth Sawal', (Would Bangladeshi Migrants be Protected by Ration
Cards? Angry Outburst of the Opposition in the Vidhan Sabha), Maharashtra Times, Mumbai, 17 April,
2005.
26. Thouez Colleen and Channac Frederique, Convergence and divergence in migration policy: the role of
regional consultative processes, No. 20, January, 2005, Geneva, Switzeriand, Global Migration Perspective.
Retrieved on 21 May 2008 from <http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/
policy_and_research/gcim/gmp/gmp4.pdf>
27. DeVortez Don J., Immigration policy methods of economic assessment, No 4, October, 2004, Geneva,
Switzerland, Global Migration Perspective.
28. Hazarika Sanjoy, 'Should Bangladeshis be allowed work permits?' In Black and White of The Sunday
Times, 13 May 2001.
30. Uyangoda Jayadeva 'Security's Insecurity: South Asia's States, Basrur op. cit., pp. 116.
31. Hastings Donnan and Thomas Wison, Borders: Frontiers of Identity, nation and State, Library of Congress
Cataloging-in-Publication Data, New York, 1999.
This content downloaded from 14.139.62.117 on Fri, 25 Jan 2019 10:21:49 UTC
All use subject to https://about.jstor.org/terms