Gauhati HC holds Assam government accountable, awards Rs 2 lakh to kin of woman pushed into Bangladesh

In a landmark judgment, the Gauhati High Court has directed the Assam government to pay Rs 2 lakh as compensation to the husband of a woman who was allegedly pushed across the India-Bangladesh border against her will. The court's decision comes after it examined the circumstances surrounding the incident, highlighting the state's responsibility to protect the rights and dignity of its citizens.

The case involved Mumtaz Begum who is of Bengali origin from Assam and was forced across the international border into Bangladesh reportedly by certain individuals with alleged complicity of local authorities. She was not given any opportunity to challenge the order of the Foreigners Tribunal.

Delivering the order on 3 September, a division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khanud underscored the gravity of the violation and emphasised the state's duty to ensure the safety of its residents.

The order—passed on a habeas corpus plea by Begum's husband Mujammel Hoque—said, "It is the paramount responsibility of the government to safeguard the lives and liberty of its citizens. Any act that compromises these fundamental rights must attract strict accountability."

The court further observed, "Pushing an individual into a foreign country without her consent is a gross violation of human rights and national sovereignty. Such acts erode public trust in governance and cannot be condoned under any circumstances."

In awarding Rs 2 lakh as interim compensation, the High Court noted that financial restitution, though unable to fully undo the trauma suffered, serves as a recognition of the injustice inflicted. "Compensation is not merely monetary; it is an acknowledgment of the pain endured and a reaffirmation of the victim's dignity." This compensation, the judges said, does not limit Hoque from seeking more relef from a civil court.

The Assam government was also directed to take immediate administrative and legal measures to prevent recurrence of such incidents and to strengthen border protocols. The order emphasised, "Preventive steps and stringent monitoring are essential to ensure that citizens are not subjected to such violations henceforth."

Further, the court advised the Ministry of External Affairs to try and locate Mumtaz Begum in Bangladesh and bring her back to India.

The order sets a precedent reinforcing the protection of individual rights along India's borders, underscoring that no citizen should be subjected to forced displacement or humiliation irrespective of the complex challenges faced by border states.