The push in of India: Is it becoming legal in International Law?

According to popular belief, humanitarian concerns often do not align with legal boundaries. However, the occurrence of such a severe humanitarian crisis at the hands of the world's largest democracy is deeply regrettable and may be regarded as a blatant violation of international law, isn’t it? Speaking of India, which pushed back at least 2,369 people between May 2025 and January 2026, among them 126 Indian nationals and 38 from Myanmar. They counted it as a legal procedure to push back those people’s naming Bangladeshi immigrants which is ridiculous. Bangladesh has a long-lasting friendship with India which has broken after the mass uprising in Bangladesh last August, 2024. From then, this new phenomenon pushed back the theory of India which is mainly used in American and European borders clearly to get attention between the Bangladesh and India border.

The "push back theory" (often referred to as "push-ins" by Bangladesh) describes India’s practice of informally and forcibly repatriating undocumented migrants, suspected illegal immigrants, and refugees across the border into Bangladesh, bypassing formal, time-consuming legal deportation procedures. The origins of India’s push-back policy can be traced to long-standing concerns over undocumented migration from Bangladesh, but it gained significant momentum in the mid-2020s amid heightened political and security debates. In May 2025, Assam Chief Minister Himanta Biswa Sarma publicly stated that India had adopted a new “push-back” strategy against alleged illegal immigrants, saying, “We have pushed them back” while describing the policy as an alternative to lengthy deportation procedures. The push-back approach was intended to deter future illegal migration and address what New Delhi views as administrative obstacles in the deportation process. India applied the push-back policy primarily in relation to Bangladesh because Indian authorities have long viewed undocumented migration from Bangladesh as a major border management and security challenge. But, they change their motives overnight and now the scenario is totally wrong either forcefully deporting or counting its own citizens bound to push back at night.

Now the question is, why can India not Escape Responsibility for the Humanitarian Consequences of Push-Ins? If India carries out push-ins without properly verifying nationality, ensuring due process, or coordinating with Bangladesh, it cannot avoid responsibility for the resulting humanitarian suffering. International law and basic humanitarian principles require that individuals be treated with dignity and protected from arbitrary expulsion. When people are forcibly pushed across borders without adequate legal procedures, they often face displacement, family separation, insecurity, and denial of essential services. Over the past two months, a series of alleged push-in incidents along the Bangladesh-India border have left scores of people stranded in the zero line and no-man’s-land areas under inhumane conditions. Reports indicate that at least 88 people, including women and children, were left stranded near border points in Lalmonirhat, Panchagarh, Naogaon, and Chapainawabganj, while separate incidents were reported in Thakurgaon, Jashore (Benapole), and other frontier districts on the last month. Many of these individuals spent between 48 and 72 hours in the exposed border zone without adequate shelter, food, medical assistance, or legal certainty regarding their status. Human rights groups have expressed concern that forcing people to remain in the zero line, regardless of their nationality, creates a humanitarian crisis and undermines established repatriation procedures between the two neighbouring countries. The growing number of such incidents has further strained bilateral relations and intensified concerns over the protection of vulnerable civilians caught between competing border policies. Among the incidents reported so far, the push-in that took place on 14 June through the Goykata border in Roumari Upazila of Kurigram district stands out as particularly heartbreaking. The incident involved men, women, and even a six-month-old infant, highlighting the severe human suffering associated with such actions and raising serious humanitarian concerns. As the state initiating the action, India bears a responsibility to ensure that border management measures do not create human suffering or violate human rights. Security concerns may be legitimate, but they do not absolve a country from its obligation to follow lawful and humane procedures when dealing with migrants or suspected undocumented persons.

India's push-back policy, as it involves the forcible return of individuals without due process, may constitute a serious violation of international law. Such actions can potentially breach the principle of non-refoulement, enshrined in customary international law and reflected in the 1951 Refugee Convention, which prohibits returning individuals to places where they may face persecution or harm. It may also violate provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, particularly those relating to the right to life, liberty, security, and protection from arbitrary expulsion. In response, as an affected state, Bangladesh may raise the issue through diplomatic channels, seek discussions in relevant United Nations forums, engage international human rights mechanisms, and call for independent investigations and monitoring of border practices. Human rights organisations and international bodies can also document incidents and advocate for accountability in accordance with international legal standards. Ultimately, India has no right to create such humanitarian suffering; it can only cooperate with Bangladesh to mitigate these bilateral shortcomings. Otherwise, they have to take the whole responsibility for all chaotic environments near the Bangladeshi border.