Former Orissa High Court Chief Justice S Muralidhar issued a cautionary statement on Friday, emphasizing the potential dangers of indiscriminately labeling every migrant worker as 'Bangladeshi'. He pointed out that such broad generalizations often result in unwarranted national security concerns and unjust treatment of immigrants, refugees, and asylum seekers.
Justice Muralidhar expressed his concern, stating, "Using the term 'Bangladeshi' to categorize all migrants is perilous in the context of the State. Frequently, arguments related to national security and integrity are invoked, especially in cases involving immigrants, refugees, and asylum seekers."
Highlighting India's historical identity as a nation of migrants and immigrants, he underscored that borders are essentially political constructs. He noted, "India has always been a country of migrants and immigrants. It is only the political and legal borders that have classified them as Bangladeshis, Rohingyas, or illegal migrants."
Justice Muralidhar made these remarks while delivering the keynote address at an event titled "Opening Doors to Justice: Prevention of Violence Against Migrant Women," organized by the Migrant & Asylum Project (MAP).
During his speech, he drew a sharp contrast between the responses of two courts to a similar issue. While an interim order from the Supreme Court denied relief to some Rohingyas in Jammu and Kashmir, the Manipur High Court's decision allowed Rohingyas to obtain United Nations High Commissioner for Refugees (UNHCR) certificates, a move he praised as a "welcome approach."
Justice Muralidhar also expressed his concerns about the lack of human rights-oriented legal education in India and stressed the need to prepare lawyers for human rights advocacy. He emphasized, "The legal profession in India does not adequately prepare lawyers for human rights work. We need to cultivate that kind of legal community, and it will make a significant difference."
Furthermore, he addressed the misconception held by many illegal migrants and asylum seekers that they lack legal rights, calling for a shift in this belief and urging better education on migrants' rights.
Justice Muralidhar encouraged organizations like MAP to document and analyze informal systems and practices affecting migrants, which could serve as vital advocacy tools for policy changes and legal reforms.
In his closing remarks, Justice Muralidhar expressed optimism that the formal legal system in India would become more inclusive and adopt a broader understanding of justice. He also called on legal service providers to overcome their hesitations when assisting individuals who may be considered illegal migrants.
TAGS: Justice Muralidhar migrant worker labeling national security concerns India's history of migration legal education human rights refugees informal systems legal service providers inclusive legal system.
