‘Nowhere woman’ Sonali Bibi’s fate uncertain as political, legal tussles continue

West Bengal’s ruling Trinamool Congress (TMC) on Saturday (November 1) cited the deportation of Sonali Bibi from the state’s Birbhum district in June to attack the Narendra Modi-led government at the Centre once again over the impending special intensive revision (SIR) of electoral rolls.

However, amid the political blame game and legal tussles, the fate of Sonali and five others from the same district hangs in the balance.

The TMC claimed that the parents of the heavily pregnant woman were registered as citizens of India in the 2002 voters’ list and alleged that the SIR of electoral rolls is “an assault on the very idea of Bengal and its people”.

Centre challenges HC order at SC

In September, the Calcutta High Court (HC) asked the Centre to ensure that Sonali and her family were brought back to India within a month. The Union government, however, moved the Supreme Court to challenge the order.

Also read: Pregnant woman, 3 kids among deportees to Bangladesh; kin move HC again

“The deportation of Sonali Khatun, a pregnant woman from Birbhum, exposes not merely bureaucratic cruelty but a calculated political manoeuvring,” the party said in a social media post, citing a news report related to the incident.

The deportation of Sonali Khatun, a pregnant woman from Birbhum, exposes not merely bureaucratic cruelty but a calculated political manoeuvring.

"What the @BJP4India parades as its SIR drive is, in truth, an assault on the very idea of Bengal and its people. It seeks to weaponise fear, to humiliate citizens by questioning their belonging, and to fracture the social fabric that defines this state," it added.

'Moral collapse'

The TMC further said that to brand an expecting mother as an illegal infiltrator when her parents have been documented as Indian citizens as per the 2002 electoral rolls is a “moral collapse orchestrated in the name of nationalism”.

Also read: Infiltration stopped in Assam but continues in Bengal with 'red carpet' treatment: Amit Shah

Criticising the Bharatiya Janata Party more, the party accused it of violating constitutional ethics and desecrating the republic’s conscience.

Kin of deported move HC again

Twenty-six-year-old Sonali is among six people who have been deported, and they include three minors. Their kin recently moved a contempt petition before the Calcutta HC against the Centre's non-compliance with the earlier order. The matter will come up before a two-judge bench on November 6, official sources said.

On October 22, the Ministry of Home Affairs approached the apex court to challenge the HC's order, arguing that the latter did not have the jurisdiction since the original detention and deportation took place in Delhi. They were living and working in Delhi to earn a bare-minimum livelihood when they were arrested under an "identity verification drive" and sent to the neighbouring country through Assam.

Also read: Inside TMC’s SIR vigilance plan: War rooms, data teams, 24/7 ‘shadow agents’

The Union government also called the six people from two families "illegal immigrants". Among the others were Sonali’s husband Danish, their eight-year-old son Sabir, Sweety Bibi (32), and her two sons — aged 16 and six. Even documents such as Aadhaar card couldn’t save them from the plight.

No respite in Bangladesh

In Bangladesh, too, legal trouble was awaiting the six. Four months after they were pushed into Bangladesh by Indian border officials, a court in Bangladesh recognised them as citizens of India and instructed the Indian High Commission in Dhaka to arrange their return. Like in India, the Bangladeshi authorities also held them as illegal entrants before jailing them.

Sonali's parents' names found on 2002 list

Caught in the legal crossfire, Sonali’s lawyer was not ready to give up, even as her family was spending sleepless nights.

Also read: Policy shift on illegal migrants sparks concerns, worsens ties with Bangladesh

According to Sonali’s lawyer, what makes her case strong is that the names of both her parents are in Bengal’s 2002 voter list, which has been released by the Election Commission ahead of the upcoming SIR exercise. Her lawyer also said that her unborn child would be granted Indian citizenship by ‘descent’ even if it were delivered in Bangladesh, the Indian Express reported.

The names of Sonali’s parents — Bhodu Sheikh and Jyotsna Bibi — have been spotted in the 2002 list under the Murarai Assembly constituency of Birbhum district. Even the name of Bhodu Sheikh’s father, Hatim Tai Sheikh, has been found in the list, said another report.

Also read: Why parties in Bengal and UP are revolting over SIR 2.0 | Capital Beat

As per the Citizenship Act, at least one of Sonali's parents must have been an Indian citizen at the time for her to be considered a citizen of the country by birth.

But family remains concerned

Sonali’s parents told the Express what more they have to do to have their daughter and her family back home. Bhodu Sheikh said nothing had happened despite courts in both India and Bangladesh having sought their return.

Also read: Why rollout of SIR has made Gujarat's Muslims and tribals anxious

Jyotsna Bibi was more concerned about her expecting daughter’s health. Speaking with the newspaper, she said they were worried about the kind of treatment Sonali was getting in a jail in Bangladesh and earnestly hoped that she would return to India soon to deliver her child.

Even as the deadline set by the Calcutta HC to bring back Sonali and the five others to India lapsed on October 24, and her parents moved the court again, and the Centre refused to comply, it is people like Sonali and others who get crushed under the iron wheels of complications and legalities of statecraft.