international journal on minority and group
rights 25 (2018) 664-678
brill.com/ijgr
The Status of the Bihari Community in Bangladesh
under Domestic and International Law
Md. Kamrul Hasan Arif
Lecturer of Law, bgc Trust University Bangladesh, Chittagong, Bangladesh
arifkamrulhasan@gmail.com
Abstract
The problems concerning the Bihari community is one of the oldest long-standing issues between Bangladesh and Pakistan. In 1971, after the independence of Bangladesh,
the Bihari lost their citizenship. Presently, they are stateless and living in various camps
in different parts of Bangladesh. This community wanted to be repatriated to their
own country, Pakistan, but it denied them citizenship status, although a large number
have been repatriated to Pakistan as their country of origin. Recently, in March 2015
the Supreme Court of Pakistan rejected the issue of stranded Pakistanis in Bangladesh
regarding repatriation or taking these people back. This article has tried to determine
the status of the Bihari community, what a lasting solution might be, and what the
role is of international organisations in helping this community under domestic and
international law.
Keywords
Bihari – recognition – repatriation – stateless – stranded Pakistani
1
Introduction
Bangladesh achieved independence from Pakistan in 1971 after the long
Liberation War.1 After independence, a considerable number of non-Bengali
1 The Liberation War between East Pakistan (now Bangladesh) and West Pakistan lasted
nine months. It is estimated that Pakistani army forces killed 3 million people during the
conflict. Some 10 million fled the country as refugees to India, 30 million were internally
© koninklijke brill nv, leiden, 2018 | doi 10.1163/15718115-02503006
This content downloaded from
147.188.245.205 on Wed, 25 Oct 2023 15:43:57 +00:00
All use subject to https://about.jstor.org/terms
<UN>