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Indian Political Science Association

ILLEGAL BANGLADESHI MIGRANTS IN MUMBAI


Author(s): Vanita Banjan
Source: The Indian Journal of Political Science, Vol. 70, No. 4 (OCT. - DEC., 2009), pp. 1007-
1020
Published by: Indian Political Science Association
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The Indian Journal of Political Science
Vol. LXX, No. 4, Oct.-Dec., 2009, pp. 1007 1020

ILLEGAL BANGLADESHI MIGRANTS IN MUMBAI

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.

Unsustainable level of repression as well as harsh suffering for many thousands of


innocent people has resulted in their fleeing and seeking asylum in countries other than their
homeland. Nations hesitant to admit these refugees often closed their borders to these
immigrants. It was then that the 1951 Refugee Laws, 1967 Protocol and Regional Conventions
emerged to ascertain the rights of the refugee fleeing from persecution at home. Though
initially the law emphasised on the refugee problem faced by Europe, but eventually the
focus shifted to take cognisance of the refugees of the world. Correspondingly, the present
world scenario once again demands the framing of new conventions and protocols to deal

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The Indian Journal of Political Science 1008

with the problem of migration which is rio lo


global issue. Presently there are no internationa
are driven by economic necessities.

The anxiety over the rising numbers of Ban


the media with increasing alarm and has becom
the country. This concern is not only visible a
and order agencies but has triggered rising public
and has caused anxiety among human rights ac
multiple concerns in India. Their influx in In
changes in parts of north east India where it i
changing fortunes of political parties for bette
about their posing a grave threat to the security
Pakistani ISI 'agents' smuggled into India with a

History of Migration in South Asia

We are living in the age of Migration.1 The Gl


(GCIM) has estimated that in 2002 the total n
million, which was 3 per cent of the world popula
replicated in India too. India being a regional
from almost all the neighbouring states, namel
North and Sri Lanka in the South. India's resp
local and national politics in the absence of any

Any study of migration in South Asia is inc


backdrop of partition. India's response to migratio
the genesis of which could be traced to the fo
issue of border, identity and nation building are
in the region. South Asian borders are largely col
earnest immediately after independence of the
witnessed territorial boundaries created with utte
that existed in the long history of the region.
preceded and followed by unprecedented violen
countries of the Indian subcontinent. Post pa
compelled to create a distinct identity for themse
Thus the modern state is a hegemonic con
homogenising thrust.3 Homogeneity in various
a nation state, whereas South Asia defies it at a
race, caste, creed and sect has been the harbin

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Illegal Bangladeshi in Mumbai 1009

this region fell into a moral dilemma to cut off


same time fit into the modern definition of n
state as an institutional artefact of colonialism
lines of demarcation between their territo
constructing a homogeneous state.

Another development which troubles India


is the rapid growth of fundamentalism in the ne
attacks, a result of which India has beefed up
terrorist attack investigations allege connivin
Pakistan and Bangladesh. The nuisance value o
India. But the Islamisation of Bangladeshi soci
Bangladesh is a very disconcerting development f
acclaimed the rights of migrants, but a state
foreign national and invoke the wrath of the
activities within its region. A state cannot alway
Machiavellian approach when it concerns its n
understood that though migration is a recurre
it in the traditional fashion by closing the border
it does not seem to be viable solutions. The g
casualty in the neighbourhood is bound to inf

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.

Eisenstadt defines migration as "the physical transition of an individual or group from


one society or another". This transition usually involves abandoning one social setting and
entering another and different one. It is classified as:

• Emigration, the movement of individual across their national boundary, outbound:

• Immigration, movement across a national boundary, inbound:

• Internal Migration, movement within one's national boundary.5

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The Indian Journal of Political Science 1010

Migration may be classified as voluntary mi


choose to move to another area within the coun
prospect or otherwise are said to have migrate
founded fear of persecution or civil unrest and d
international border seeking protection and ar
home country are called Refugees. It is necess
migrant as the international community and t
asylum to a refugee on humanitarian ground
case of a migrant.

The 1951 U N Convention on Refugees sugg


elementa! characteristics:

1 . they are outside their country of origin;

2. they are unwilling to avail themselves of the protection of that country, or to return
there;

3. such inability or unwillingness is attributable to a well-founded fear of being persecuted;


and

4. such persecution fèars is based on reasons of race, religion, nationality, membership


of a particular social group, or political opinion.

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:

1 . without a valid passport or other prescribed travel documents;

2. with a valid passport or other prescribed documents but remains in India beyond the
permitted period of time.

Admission, deportation, stays and control of movement of foreigners in India is


governed by :

• Passport (Entry into India) Act, 1920/ Rules 1950.


• Registration of Foreigners act, 1939/ Rules.

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Illegal Bangladeshi in Mumbai 1011

• Foreigners act 1 946, and subsequent orde

• Indo-Bangladesh Visa Agreement, 1972.

• The Illegal Migrants (Determination by Tr

The central government, under Section 3(2)


to make provisions for prohibiting, regulating or
or their departure or their presence or contin
by the Foreigners Act, 1 946 and the Action Plan f
and deportation of illegal migrants from Banglad
to the affected persons and in flagrant viola
Constitution as well as the obligations of the I
and Treaties, inter alia, United Nations Declara
Covenant on Civil and Political Rights (ICCPR)
and Cultural Rights (ICESCR), the Convention o
against Women (CEDAW), Convention on the R

Conditions inducing migration

The socio-economic condition of Bangladesh


in search of basic livelihood to a less poor countr
Bangladesh to India has been due to a variety o
namely; religious, political, ethnic, economic and
East Pakistan to India due to communal violen
Similarly, about 1 0 million Bengalis took refuge i
(Mar-Dec 1 971 ). These people left East Pakistan f
of West Bengal and Assam due to political an
of Chakmas fled to India on account of ethnic co
the 1970'sand the 1980's.8

Bangladesh has seen some recent changes in


distribution which has caused a crisis situation
the quality and quantity of its renewable resourc
is growing at a neck break speed but resource
rate of unemployment (including under-emplo
Experts estimate at least one-third of the co
underemployed and their numbers are growing b
for creating new jobs. According to Debapriya
Policy Dialogue (CPD) Bangladesh's leading i
population is unemployed or underemployed,
that every year. And the problem becomes mo

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The Indian Journal of Political Science 1012

creating new jobs and as the institutional and f


third of the new entrants According to the Unite
in Bangladesh is widespread with an estimated
national poverty line.10 Thus there is no choice fo
of Bangladesh but to cross over and seek to sur

Considering its proximity to North East India,


West Bengal, Tripura, Meghalaya, Nagaland,
have further migrated internally to metropolit
is well thought about, calculating the cost eff
area where some source of income is assured c
taking this decision, threat to life is also consider
practical reality. There is also indication that b
agitation launched by the All-Assam Students U
the state by big landlords who wanted cheap la

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

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Illegal Bangladeshi in Mumbai 1013

that since the locals refuse to take up ma


accommodated easily. If there were no job in
stopped coming. Inspector in charge at Turbe
when Bangladeshi women working as maid serv
it was their employer, mostly middle class wo
households in Navi Mumbai knowingly employ
honest people. Furthermore they are also read

Secondly identification of a Bangladeshi is dif


They speak Bengali, and it is difficult for a lay m
language spoken. Often when confronted they re
claim to have come from Kolkata. Many of them
in the net of suspicion by the police. While in
Raey Road, under the Byculla Flyover and Doc
the Mumbai police most of them have shifted
of Navi Mumbai confirms a rise in the numbe
out of those arrested less than half of them w
the documentary evidence of their being Indians

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

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The Indian Journal of Political Science 1014

police have to arrange for their deportation ord


period of their detention. For any reason if
completed his jail term they cannot be legal
released from the prison they disappear and
such circumstances the police detain them be
Home department. During this period the ma
Infants staying with their mothers have to be p
makes no provision and the cost has to be ad

On the arrival of deportation orders from th


arrangement to take them to the border are
Force for deportation.14 Given the circumsta
interest. Apart from the slackness of the syste
being undone by the immigrants slipping back
come back again. The police is quiet perturbe
cheek blame the border forces for being lapse i

Political Opinion

The Bhartiya Janta Party (BJP) and the Sh


issue of Bangladeshi migrants. According to
poverty and squalor to India.16 Former Member
a booklet on the issue titled Aapli Mumbai w
Census Report in August 2004. Shiv Sena Chi
at random. The anti-minority discourse of th
thus their claims of infiltration by Bangladeshi
to target the Indian Muslim.

The booKlet brought out by Kirit Somaiya


public by the politicians. He has analysed the
to him, the growth rate of Bangladeshis in M
rate was 19.64% where as the total growth
immediate need to control this unhealthy grow
BJP party president Mr. Lai Krishna Advani
Bangladeshi is an ISI agent. Political leaders
floor of the House both in the Parliament an
population of Bangladeshi migrants in the cou

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Illegal Bangladeshi in Mumbai 1015
Table 1

Growth of Bangladeshi-Muslims and Hindus in Mumbai17

Year Growth in %

Hindu Bangladeshi

1971-81 39.00 45.00

1981-91 19.01 38.00

1991-2001 19.64 33.11

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The Indian Journal of Political Science 1016

Though it is physically difficult to identify


their behaviour. They often are not conspicuous
and are seen at telephone booths making cal
rented the rooms to these migrants on a high
area many of these migrant girls work as bar
has closed down all Dance Bar in the state) an
of them are also involved in prostitution. Initia
station but now they have found an easy way
Mumbai though are still involved in an honest j
sites as there are numerous residential and c

Security Issues

Semi-confrontationist rhetoric has charact


between India and Bangladesh over the las
Bangladesh on two crucial issues accusing Dh
about Bangladesh being base for terrorist an
by Pakistan's Inter-Services Intelligence (ISI).
Qaeda network have put the government on
like the Jamaat, Islami Oikya Jote (IOJ), Ah
Harkat-ul-Jihadi-ul Islami Bangladesh (HU JIB)
cadres have joined the cause in recent years.
as it is a soft state with ineffective governance

The second reason for India's exasperation


action to prevent illegal migration of Bangl
acknowledge that Bangladesh is not actively
ratio of Bangladesh is becoming increasingl
Bangladesh, particularly in the rural areas, a
unemployment. The consequence is large gr
survival. While Dhaka may not be sponsoring th
to take any purposive steps to stop it, for t
economic burdens. The levels of migration ha
demographic, social, ethnic and linguistic bal
lie in Indian accusations and Bangladeshi den
to negotiate a practical solution if regional econ
co-operation are to be in place.22 Dhaka sho
campaign against terrorism, its own credibil
stop to the subversive activities against India w

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Illegal Bangladeshi in Mumbai 1017
Suggestions

Exaggerated figures mentioned by honourable m


the house are impossible to verify. Moreover its
unsubstantiated. This issue in the past has assum
emotive character. It has also been used for div
enhanced the sense of insecurity amongst the Ind

Large-scale illegal migration cannot take pla


extensive corruption in India's state apparatus, beg
security, working through the BSF, police and ra
which register births and deaths or deal with urban
land ownership certificates. This corruption is well k
citizens.24 Opposition party leaders have candidly
ration card at payment of a mere Rs. 500/-. Around
in the year 2005.25 But all said and down the adm
holes enables an illegal migrant to settle and produce
this country.

International human mobility has taken centre


doubt it is a cause of grave concern for nations with
population. But one has to have a broader vision to
best possible manner that would benefit both the
market works on the principle of demand and sup
of employment they will keep coming. Austere c
Herculean task considering the huge area and the
partially but it cannot be stopped. Fencing at the int
the migrant but cannot ensure halt to the infiltratio
population will cause serious stability issue in Banglad
across the border, A difficult but essential decisio
migrants who have been in India for sometime and p
rights. A series of United States laws were initiall
children from securing a series of state-sponsore
can follow this policy. Welfare measures should be re
thereby reducing the burden of fending for these m
human security has raised objections to denying

The Bangladeshi problem can only be resolved i


a lead the South Asian nations but does not assum
lessons of the twentieth century is that even weak n
damage on powerful ones, and the last thing we n

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The Indian Journal of Political Science 1018

being pushed to the wall. Such a syndrome will on


that is so easy to produce in South Asia. We are b
base. Border controls just won't work in the end.
economies together with closed borders, an ap
smugglers.26

Concrete steps to tackle with the issue :

• 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.

• All members of local communities should be issued photo identity cards.

• 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

We do have international convention on refugees, which requires states to behave in


certain ways where refugees are concerned, where as in case of migration we have very
primitive structures in place. Canada is a country we should amúlate in terms of
professionalism of people who deal with immigration, because a separate ministry handles
migration, it gets the political attention within the cabinet that it deserves. Canadians also
invest an impressive amount in research, statistics and data collection.

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

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Illegal Bangladeshi in Mumbai 1019

the South Asian states along with the Western


idea of security. But in the post colonial era the
worry about the territorial sovereignty of the
human security and stands for relief or prot
unemployment, crime, social conflict, political

The concept of nation state and its traditio


steady reconsideration. This transformation th
state by post modern institutions. The market is
and the society. It is a key and powerful agen
transnationalism has become central to many i
principal referents is international borders which
mark as a line of separation between states bu
nations? India and Bangladesh have to resolve t
to apply it to the disconcerting issues between
has an ambitious role in the new scenario. As f
irreversible force and one has to learn to live w
in the development of the nation.
References and Notes :

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.

4. Bohning W. R., Employing Foreign workers, International Labour Organisation, Publications


Office, 1999.

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.

8. Alam Sarfaraz, 'Environmentally Induced Migration from Bangladesh to India', Strategic An


No. 3 Jul-Sept, 2003 pp. 422-438

9. <http://www.gesource.ac.uk/worldguide/html/823_economic.html >Retrieved on 25 May 20

10. <http://www.thedailystar.net/2004/10/13/d410130101 1 htm> Internet Edition of Daily Star, 1


2004, Bangladesh. Retrieved on 19 July 2008.

11. Fernandes Walter 'IMDT Act and Immigration in North-Eastern India', Economic and Politic
VOL 40, July 23, 2003.

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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

13. Irfan Engineer of the Centre for Study of Society and Se


done a survey of slums where large number of Bangladeshi
alleged that oñen to avenge fights between slum inhabitants
Bangladeshi. Arrest and deportation of the family leaves
reported in 'War of Words hots up' Sunday Observer, 2 Aug

14. The daily allowance per day for each convict during the tim
of Thirty rupees.

15. As informed by Senior Inspector Mr Dilip M. Jagtap (Ins


Subhash Khade (Inspector in Charge of Nerul Police Stat
Charge of Rabale Police Station).

16. Punj K. Balbir, 'Vote Bank Politics: Deluge from Banglad

17. Reproduced Table from the booklet bought out by Mr K


Bangladeshi Mumbai 2001.

18. Kariekar Hiranmay, Bangladesh: The Next Afghanistan?


quoted from News Report, 'Humane approach to Influx: Pati
May, 2005.

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.

21. Karlekar (2005) op. cit., pp. 76.

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.

29. Basrur, op. cit., pp. v

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.

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