Its quite sad that the Muslims of India's state of Bihar who migrated to East Bengal (which was to become east Pakistan after partition of India) are now stateless from last 4 decades.
Those Bihari Muslims opposed the Bangladesh Liberation War and supported Pakistan Army. They just wanted Pakistan to be united. However, it could not happen and Pakistan lost the war resulting in the creation of Bangladesh.
Since the disintegration of Pakistan in 1971, those Biharis are waiting to go to what they call their country, Pakistan. And because they opposed Bangladesh Liberation War, Bangladesh do not accept them.
These Biharis are now stateless from last 4 decades!!
Now its time that Pakistan should accept its mistake of depriving them the Pakistani nationality and statehood, and give them their due respect for fighting and supporting Pakistan Army during 1971 war.
Wrong.....
When Bangladesh became independent, there were more than one million Biharis or non-locals in the country. At the end of the war 1,07,000 Biharis were exchanged and managed to flee to Pakistan and the rest were given the choice to stay here. More than half of them opted to live in Bangladesh, they were given citizenship and has been assimilated into the main stream of Bangladeshi society. They were given citizenship by the Presidential order of 1972.
Article 2 of the Bangladesh Citizenship (Temporary Provisions) Order (President Order 149 of 1972) provides: Notwithstanding anything contained in any other law, on the commencement of this Order, every person shall be deemed to be a citizen of Bangladesh,
I. Who or whose father or grandfather was born in the territories now comprised in Bangladesh and who was a permanent resident of such territories on the 25th day of March. 1971, and continues to be so resident; or,
II. Who was a permanent resident of the territories now comprised in Bangladesh on the 25 day of Mach, 1971, and continues to be so resident and is not otherwise disqualified for being a citizen by or under any law for the time being in force
A plain reading of these two sub-sections would confirm the entitlement of the Biharis to citizenship of Bangladesh. However Article 2B(l) of the Bangladesh Citizenship (Temporary Provisions) Amendment Ordinance 1978 (Ordinance number 7 of 1978) added that a person shall not qualify to be a citizen of Bangladesh if he owes, affirms or acknowledges, expressly or by conduct, allegiance to a foreign state.
This rule may seemingly strip those Biharis who had expressed their desire to become citizens of Pakistan or had plainly opted for Pakistan, of their right to be citizens of Bangladesh. But thousands of Bangladeshis have, in different times, applied for DV visa of the United States, indicating their intention to migrate and to receive citizenship of, a foreign country if chosen. There is hardly any likelihood that such applications by the citizens would be considered as an expression of allegiance to a foreign country, as has supposedly been done in case of the Biharis vis-a-vis their option to migrate to Pakistan.
Bangladesh as they formed local collaborator troops for assisting the Pakistan Army. But, there is nothing in the President Order No 149 of 1972 which authorized the Government of impugned notification to disqualify a citizen on the ground of collaboration with the Pakistan Occupation Army, So there is no just ground in law of our country for not considering them citizens of Bangladesh.
After the assassination of Bangabandhu Sheikh Mujibur Rahman, the succeeding military Government offered the Biharis full citizenship of Bangladesh. Many rejected this offer as they felt they were not being offered their full rights as citizens and they preferred to remain in the Bihari enclaves. This rejection again brings up the issue of their identity. The question was again posed to them whether they should be considered as citizens of this country as some of them still did not show their allegiance to Bangladesh. Bangladesh Government does not want to consider those Biharis as citizens who are now residing in the camps. So whether they are citizens or not remains a debatable issue.
Experience of the Biharis over the years has led them to realize that there is hardly any further possibility for them to be repatriated to Pakistan. They have been used by the opportunist and political leaders or the leaders of their own community in their narrow interest. At the post liberation time 1,50,000 Biharis opted for Bangladesh, and the others who opted for Pakistan are also putting forth effort to establish their rights and a place in Bangladesh. Particularly the young generation wants to come out from this down hearted situation and overcome the affliction that their community has been going through for the last three decades. While asked regarding the issue of Citizenship, respondents between the age group of 18 to 40 consider themselves as citizens of Bangladesh for being born and brought up here. But some respondents above the age of 50 still consider themselves as citizens of Pakistan.
- See more at:
The Legal Status of Bihari in Bangladesh - Assignment Point
