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How not to identify an illegal immigrant

Context & Administrative Trigger

  • Timeframe: Winter 2024, during Delhi’s cold wave.
  • Trigger: Order from Delhi Lt. Governor Vinai Kumar Saxena directing the police to identify “illegal” foreign nationals, especially post-regime change in Bangladesh.
  • Result: Surge in detentions of Bengali-speaking residents across urban slums in Delhi.

Relevance : GS 2(Governance , Social Issues)

Operational Pattern of Crackdown

  • Primary Targets: Bengali-speaking residents, particularly in jhuggi settlements.
  • Indicators Used for Profiling:
    • Language spoken (Bangla dialects).
    • Anonymous community tips on dialect and origin.
    • Clothing (e.g., lungi), and remittance patterns.
  • Key Concern: Reliance on linguistic and cultural profiling rather than legal documentation or due process.

Linguistic Bias & Stereotyping

  • Systemic Issue: A narrow perception of Indian Bengali identity, dominated by urban Kolkata dialects and pop culture.
  • Misconceptions:
    • Treating non-Kolkata dialects or rural Bangla as “foreign”.
    • Misreading commonly used words like “paani” as non-Indian — despite their historical presence in early Bengali texts like Charyapada (8th century).
  • Result: Cultural markers wrongly used as nationality tests.

Legal & Structural Shortcomings

  • Neglect of Contextual Realities:
    • No consideration of 2015 India-Bangladesh land swap, where residents could opt for Indian citizenship.
    • No nuance in assessing mixed-status families or cross-border remittances.
  • Example: Indian citizen detained solely for sending money to elderly parents in Bangladesh.

Ethnic & Cultural Profiling

  • Cultural identifiers used as suspicion markers:
    • Lungi as an alleged “foreign” garment.
    • Remittances equated with cross-border illegality.
  • Cultural pushback: Protest songs and local resistance narratives question this overreach — Just because I wear a lungi… doesnt mean I was born in Bangladesh.”

Class, Caste & Identity Intersections

  • Initially impacted: Bengali Muslims.
  • Now widened to: Lower-caste Hindu Bengalis.
  • Emerging Trend: A complex overlap of ethnicity, caste, class, and dialect defines vulnerability — not legal status.

Public Discourse & Elite Silence

  • Noted Absence: Limited response from Bengali public intellectuals in media, literature, or academia.
  • Key Questions:
    • Is there a class detachment within Bengali society?
    • Are elite Bengalis silent due to discomfort with working-class dialects and attire?

Broader Implications

  • Xenophobic Normalization: Language and attire increasingly seen as proxies for illegality.
  • Institutional Fragility:
    • Weak documentation processes.
    • Absence of legal aid for suspected individuals.
    • Lack of linguistic and cultural training for enforcement agencies.
  • Risk: Deepening intra-ethnic, class, and religious fault lines.

Key Takeaways

  • Legal due process must override cultural inference in determining immigration status.
  • Language, class, and dress cannot serve as lawful indicators of citizenship.
  • balanced approach requires institutional training, community engagement, and safeguards against arbitrary profiling.

August 2025
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