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"बाहर फेंको उठाकर": Jharkhand HC orders the removal of Bangladeshi intruders after revelations of ST girls being converted through marriage and madrasas' involvement, declaring a grave national issue that requires both state and central govt collaboration

The court also asked the central government to submit a response on the issue and declared it a grave matter.
 |  Satyaagrah  |  Law
Throw out Bangladeshi intruders: Jharkhand HC orders after petition discloses how ST girls are converted in the name of marriage, madrassas are opened
Throw out Bangladeshi intruders: Jharkhand HC orders after petition discloses how ST girls are converted in the name of marriage, madrassas are opened

The Jharkhand High Court has recently issued a directive to the state government, emphasizing the urgent need to address the issue of illegal Bangladeshi immigrants. This order was passed by a bench consisting of Justice Sujit Narayan Prasad and Justice AK Rai on the 3rd of July. The decision followed the submission of a petition by Daniel Danish, which brought to light a series of concerning activities in the regions close to Bangladesh, particularly in Santhal Pargana.

The petition explicitly detailed how banned organizations from Bangladesh have been systematically targeting Scheduled Tribe (ST) girls in Jharkhand, luring them into conversions to Islam under the guise of marriage. This strategic exploitation necessitated an immediate legal response to curb these activities, which the court recognized as a planned and coordinated effort to destabilize the region.

In addition to these alarming conversions, the petition highlighted a significant rise in the number of madrasas in the Santhal Pargana districts. It reported that 46 new madrasas have emerged, which are allegedly being used for anti-national activities. These institutions are not just places of learning but are purportedly serving as hubs for furthering the agenda of these illegal entities.

The issue extends beyond cultural infiltration, as the intruders are also accused of occupying land and exploiting local women, compounding the severity of the situation. In response, the Jharkhand High Court has taken a firm stand, instructing the state government not only to identify these illegal immigrants but also to devise and implement a comprehensive action plan aimed at their expulsion.

The court's order mandates the government to report back on its progress within a fortnight. The report must detail the number of identified infiltrators from Bangladesh, outline the measures taken to halt their activities, and specify how many have been successfully repatriated.

Moreover, the court extended its directive beyond the state level, involving the central government due to the magnitude and complexity of the issue at hand. Recognizing that the challenge of illegal immigration cannot be effectively tackled by state governments alone, the court emphasized the necessity for a collaborative approach between the state and central governments. As such, the centre was also requested to inform the court about the actions it has taken to address this critical issue. During the hearing, representatives from the central government presented their case, confirming that state governments have been authorized by the Modi administration to identify and take necessary actions against these infiltrators.

In a further move to safeguard the region from unauthorized entry, the court issued specific instructions to the deputy commissioners (DCs) of several districts including Deoghar, Pakur, Dumka, Sahebgunj, Godda, and Jamtara. These DCs were tasked with developing and implementing a robust action plan designed to thwart the entry of refugees from Bangladesh into the region.

Adding another layer of oversight, the chief secretary of the state was directed to engage actively in this matter. The chief secretary's involvement is crucial for coordinating the efforts of the DCs across the districts constituting Santhal Pargana, ensuring a unified and effective response to the immigration challenge.

Highlighting the severity of the situation, the bench made an oral observation about the presence of illegal immigrants who have managed to enter the state and avail themselves of various benefits intended for the residents. The court firmly stated that this exploitation of resources by illegal entities "should cease" and reiterated the need for the government to take decisive actions to repatriate these individuals. The emphasis was on the immediate cessation of benefits to these illegal immigrants and the swift implementation of measures to ensure their return to Bangladesh, reflecting the court's commitment to addressing this issue comprehensively and expediently.

The petitioner expressed a critical concern to the bench about the current stance of the state government regarding the issue of infiltration and conversion in the Santhal area. He pointed out that the state authorities are in denial about the infiltration and do not acknowledge the conversions taking place. Given this denial, the petitioner argued for the necessity of direct intervention by the central government to effectively manage the situation involving Bangladeshi intruders. He underscored the urgency of the matter, prompting a response from the court which echoed the gravity of the situation. The court asserted that "illegal immigration is not a concern of a district or the state but the whole country." It also warned of the significant repercussions on the demographic structure of the area, particularly affecting the tribal communities of the Santhal Pargana, potentially leading to a drastic and undesirable change.

In a related observation, the court referenced a precedent from the Allahabad High Court, which had previously made a potent declaration concerning religious conversions. The Allahabad High Court, through Justice Rohit Ranjan Agarwal, had addressed the dangers posed by conversions, particularly of the Christian faith, within the country. The bench explicitly warned that such conversions could result in the majority population eventually becoming a minority, which would have profound implications for the societal and cultural fabric of the nation. The statement from the Allahabad High Court was clear and firm: "the conversion of Indians should cease right away, no matter where or how it transpires."

This strong judicial stance highlights the courts' active role in addressing issues of national concern, particularly those affecting the integrity and demographic composition of regions with significant indigenous populations. The next hearing in this case is scheduled for the 18th July, where further discussions and decisions are expected to take place, potentially shaping the future approach towards managing and resolving the challenges posed by illegal immigration and unauthorized conversions in India.

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