India Agrees to Repatriate Pregnant Woman and Son Deported to Bangladesh on Humanitarian Grounds

The Indian Union Government has agreed to repatriate a pregnant woman, Sunali Khatun, and her eight-year-old son, Sabir, who were previously deported to Bangladesh. This decision, announced on Wednesday, December 3, 2025, follows a significant intervention by the Supreme Court of India, which emphasized humanitarian considerations.

thehindu.com reported, Solicitor General Tushar Mehta conveyed the government's commitment to a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi. He stated that the repatriation would proceed "purely on humanitarian grounds," as reported by Live Law on Wednesday. The court had specifically urged the Centre to consider their return due to Sunali Khatun's advanced stage of pregnancy.

The mother and child were initially deported to Bangladesh in June 2025 after being detained in Delhi on suspicion of being illegal immigrants, according to The Times of India. Their return will follow established procedures, though the government maintains its right to contest their citizenship claims and keep them under surveillance.

scroll.in noted, The Supreme Court's directive also includes provisions for the welfare of Sunali Khatun and her son. The bench instructed the State of West Bengal to provide free medical facilities for Sunali throughout her pregnancy and ensure the child's day-to-day care, The Hindu reported on Wednesday.

This development stems from a challenge by the Centre against a Calcutta High Court order from September 26, 2025, which had deemed the initial deportation "illegal" and ordered the repatriation of several individuals, including Sunali Khatun's family. The High Court's ruling was in response to a habeas corpus petition filed by Sunali's father, Bhodu Sekh.

livelaw.in reported, The Supreme Court had previously suggested that "law has to bend to humanity" in such cases, as noted by Bar and Bench on Wednesday. This stance ultimately led to the Centre's agreement, prioritizing the immediate well-being of the pregnant woman and her minor child over the ongoing legal dispute regarding their nationality.

The case highlights broader issues surrounding identity verification and due process in deportation proceedings. While the Centre agreed to the repatriation on humanitarian grounds, the question of Sunali Khatun and her family's Indian citizenship remains a point of contention, with the Supreme Court scheduling further hearings for December 12, 2025, according to Mint.

• thehindu.com noted, Background Context and Historical Perspective: Sunali Khatun and her family were among several individuals deported to Bangladesh in June 2025 after being picked up in Delhi, suspected of being Bangladeshi nationals. Her father, Bhodu Sekh, a resident of West Bengal, asserted that his daughter, son-in-law, and grandson are Indian citizens by birth, having lived and worked in Delhi for over two decades, as reported by The Times of India. This deportation occurred following a Ministry of Home Affairs notification on May 2, 2025, outlining protocols for identifying and deporting illegal migrants.

• Key Stakeholders and Their Positions: The Union Government, represented by Solicitor General Tushar Mehta, initially challenged the Calcutta High Court's repatriation order, arguing that the deportees failed to provide proof of Indian citizenship and that the gesture should not set a broader precedent. However, the Supreme Court, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, strongly advocated for a humanitarian approach, especially given Sunali Khatun's advanced pregnancy. Sunali's father, Bhodu Sekh, through his legal counsel, has been instrumental in seeking their return and asserting their Indian nationality.

• scroll.in reported, Legal and Regulatory Context: The case involves a complex interplay of legal challenges, starting with a habeas corpus petition in the Calcutta High Court, which ruled the deportation "illegal" on September 26, 2025. The Centre then filed a special leave petition in the Supreme Court against this order. The Supreme Court's current decision to repatriate on humanitarian grounds is distinct from a final ruling on citizenship, which remains disputed. Justice Joymalya Bagchi noted that establishing a biological connection to an Indian citizen like Bhodu Sekh could be key to proving Indian citizenship for Sunali and her son, according to Live Law.

• Timeline of Events: The family was detained in Delhi around June 18, 2025, and deported to Bangladesh on June 27, 2025. The Calcutta High Court issued its order for repatriation on September 26, 2025. The Supreme Court began hearing the Centre's challenge, urging a humanitarian approach on December 1, 2025. The Centre officially agreed to the repatriation on December 3, 2025, with the next Supreme Court hearing scheduled for December 12, 2025.

• livelaw.in noted, Implications and Potential Future Developments: This case underscores the judiciary's role in upholding humanitarian principles amidst complex immigration and citizenship disputes. While Sunali Khatun and her son are returning, the broader question of citizenship for them and other deportees, including her husband, remains unresolved. The Supreme Court's emphasis on "humanity over technicalities" could influence future cases involving vulnerable individuals facing deportation, as highlighted by Bar and Bench. The West Bengal government has been directed to provide comprehensive medical and welfare support upon their return.

• Impact on Different Groups: The ruling offers immediate relief to Sunali Khatun and her son, ensuring their safety and access to medical care during a critical period. For human rights advocates, this decision is a victory, affirming the importance of humanitarian considerations in state actions, as noted by SabrangIndia. However, it also leaves many other individuals in similar situations, who were deported alongside Sunali, awaiting clarity on their status, as the Centre continues to contest their claims of Indian citizenship.