Comparative Study of the Legal Status of Bengalis in Pakistan and Biharis in Bangladesh
DOI:
https://doi.org/10.69971/lra.3.1.2025.60Keywords:
Bihari, Bengali, legal status, Pakistan Citizenship, Bangladesh CitizenshipAbstract
Bangladesh came into existence in 1971. Though both Bangladesh and Pakistan still struggle with the consequences of the conflict, especially for two ethnic groups: the Bihari community in Bangladesh and the Bengali community in Pakistan, diplomatic ties between Bangladesh and Pakistan have improved over the last fifty years. Opponents of the freedom struggle, the Biharis have suffered societal ostracism since 1971. Though they are lawful citizens of Bangladesh, their forebears' loyalty to Pakistan causes them notable societal stigma. This research investigates the obstacles Biharis face in reaping the advantages of citizenship. Similarly, the Bengali population in Pakistan finds a more difficult scenario, usually seen as an ethnic minority or illegal migrants. Their legal position is unclear, hence in reality they are stateless, which robs them of fundamental human rights and access to justice. Both populations have suffered official and societal discrimination for decades because of the political consequences of the 1971 conflict, although they also help to support the economy of their own nations. This research looks at the legal quandaries of the Bengali minority in Pakistan and the social difficulties experienced by the Bihari population in Bangladesh as well as possible answers for both governments to handle these long-standing problems.
References
Ansari, Sarah. 2005. ‘Borders’ and ‘Boundaries’ in Karachi: 1948–1955. In: Life After Partition: Migration, Community, and Strife in Sindh, 1947–1962. Oxford University Press, Oxford: UK.
Arif, Kamrul Hasan. 2018. The Status of the Bihari Community in Bangladesh under domestic and international law. International Journal on Minority and Group Rights 25: 664–78. http://dx.doi.org/10.1163/15718115-02503006
Azfar, Kamal. 1991. Constitutional Dilemmas in Pakistan. In: Pakistan Under the Military: Eleven Years of Zia ul-Haq, Buki, Shahid Javed, Baxter Craig (Eds.). Westview Press, Boulder, Colorado: USA.
Bhasin, Kamla, Ritu Menon. 1998. Borders & Boundaries: Women in India’s Partition. Kali for Women, New Delhi: India.
Bose, Nayana. 2001.Mohajirs, the Refugees by Choice. Refugee Watch 14: 1–15.
Farzana, Kazi Fahmida. 2008. The Neglected stateless Bihari community in Bangladesh: victims of political and diplomatic on-slaught. Journal of Humanities and Social Science 2: 1–15.
Hasan, Mushirul.2000. Inventing Boundaries: Gender, Politics and the Partition of India. Oxford University Press, New Delhi: India.
Horowitz, Donald L. 2009.Patterns of Ethnic Separatism. Cambridge: Cambridge University Press, Oxford: UK.
Jalal, Ayesha. 1985.The Sole Spokesman: Jinnah, the Muslim League and the Demand for Pakistan. Cambridge University Press, Cambridge: UK.
Kaul, Suvir.2001. The Partitions of Memory: The Afterlife of the Division of India. Indiana University Press, Bloomington: USA.
Khalid, Iram, Anwar Maqbool. 2018. Minorities under Constitution(s) of Pakistan. Journal of the Research Society of Pakistan 55: 1–20.
Khan, Anisur Rahman. 2015. Gender and diaspora: the Bihari community in Bangladesh. NIDA Case Research Journal 7: 1–25. https://so04.tci-thaijo.org/index.php/NCRJ/article/view/44290
Maryam, Hajira. 2021.Stateless and helpless: the plight of ethnic Bengalis in Pakistan. Al Jazeera. https://www.aljazeera.com/features/2021/9/29/stateless-ethnic-bengalis-pakistan.
Petričušić, Antonija. 2005. The rights of minorities in international law: tracing developments in normative arrangements of in-ternational organizations. Croatian International Relations Review 11: 1–20. https://cirrj.org/menuscript/index.php/cirrj/article/view/51/47
Rahman, Mizanur. 2003. A Community in Transition: The Biharis in Bangladesh. 1st ed. Sumi Printing & Packaging, Dhaka: Bangladesh.
Sokoloff, Constantin. 2005. Denial of citizenship: a challenge to human security. Report supported by the Ford Foundation. https://wms.flexious.be/editor/plugins/imagemanager/content/2140/PDF/2005/EPC_Issue_Paper_28_Denial_of_Citizenship.pdf
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