State of Statelessness in Bangladesh
and suffered decades of exclusion following independence, due
in part to their perceived support of Pakistan in 1971 during
the junta’s brutal military campaign against the Bengali
population. In the aftermath of Bangladeshi independence,
they were displaced en masse into camps across Bangladesh.
Widely referred to as ‘stranded Pakistanis’, an estimated 163,000
had resettled in Pakistan by 1981.4 However, Pakistan eventually
refused to welcome any further arrivals, leaving a population
of approximately 300,000 Urdu-speakers stateless in 116 camps
across Bangladesh until a Supreme Court order in 2008 granted
citizenship to the Urdu-speaking Biharis who were born after the
independence of Bangladesh. However, the legacy of discrimination
continues to this day, reflected in their secondary social, economic
and political status within the country.5
The Struggle for Citizenship
Since 1990, the post-independence generation of Urdu-speakers
have advocated with the government and civil society organisations
for their recognition as citizens of Bangladesh. In 2001, before the
national election, they attempted to submit a memorandum to the
Bangladesh Election Commission to include them in the voters’
list but this was rejected. A writ petition was subsequently filed by
10 young Urdu-speakers seeking citizenship,6 and in May 2003 the
Supreme Court delivered a judgment in their favour. Though this
applied only to the applicants and not the wider community, the
ruling represented a major milestone in their struggle for recognition.
This was followed by another breakthrough in 2008 when the
Supreme Court again ruled in favour of a writ petition launched by
members of the community. The judgment found that members of
the Urdu-speaking community were nationals of Bangladesh,
in accordance with its laws, and directed the Election
Commission to register them as voters as well as provide the
National Identity Card without any further delay.7
4 ‘Biharis’, World Directory of Minorities and Indigenous Peoples, Minority
Rights Group International, https://minorityrights.org/minorities/biharis.
5 Ibid.
6 Abid Khan and others v. Government of Bangladesh and others, Writ Petition
No. 3831 of 2001, Bangladesh: Supreme Court, 5 March 2003.
7 Md. Sadaqat Khan (Fakku) and Others v. Chief Election Commissioner,
17
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