Woman from Assam 'pushed' into Bangladesh now in legal limbo

A 68‑year‑old woman from Assam, India, who was allegedly pushed into Bangladesh illegally by the Border Security Force, has now fallen into a legal tangle.

Sakina Begum, a resident of Barkura village in Assam's Nalbari district, was picked up by Bhashantek police in Dhaka on September 25 after a BBC Bangla report on her went viral on social media.

In the report, Sakina herself and her family from Assam alleged that India's Border Security Force pushed her into Bangladesh forcefully.

The next day, Sheikh Md Ali Sony, a sub‑inspector of Bhashantek Police Station, filed a case with the station against Sakina under section 4 of the Control of Entry Act, 1952, for illegally entering Bangladesh without a passport or visa.

Several hours later, police produced her before the Chief Metropolitan Magistrate's (CMM) Court in Dhaka, which subsequently ordered her into jail.

Since then, Sakina has been denied bail thrice, between October 16 and November 10, according to the case files.

As her bail hearing will be held today, she was brought to the CMM Court from Kashimpur Female's Central Jail in Gazipur around 9:00am, her lawyer Rahmatullah Siddique told The Daily Star.

A court order passed on November 10 -- a copy of which was obtained by The Daily Star -- states that Sakina is an Indian citizen. It notes that if she is granted bail, she may abscond, potentially hampering the trial. Taking all factors into account, the court rejected her bail petition.

A person charged under section 4 of the Control of Entry Act may face imprisonment of up to one year, a fine of up to Tk 1,000, or both.

According to her lawyers, the only charge brought against Sakina includes a bailable section, so she has the right to get bail, especially as a senior citizen and given her poor health condition.

FROM A SAFE SHELTER TO JAIL

Just four days before Eid‑ul‑Azha in the first week of June this year, a scared and helpless Sakina was weeping in front of a grocery shop near the house of Jakia Begum, 40, a resident of Bhashantek tin‑shed area in Dhaka's Mirpur.

Jakia's tenant, 40-year-old garment worker Hamida Begum, noticed Sakina and gave her shelter in her home that night.

The next morning, Hamida took Sakina to Jakia's daughter, Klanti Akter, 27, an SCC graduate and a homemaker. Klanti has lived with her parents since she got married.

Seeing the elderly woman in an ill and troubled condition, Jakia's family provided her with medical care from a local pharmacy and nursed her back to health.

Klanti told The Daily Star, "When we found Sakina, she looked so exhausted and ill. She told us she had roamed the city for two to three weeks and had not eaten properly."

"She walked barefoot and was injured in both legs. Sometimes she was chased by street dogs," she said.

"She did not give her details, but told me two words -- 'Barkura' and 'Nalbari'. Then I used Google to find out the locations," she said.

Over two weeks later, they realised that Sakina was a resident of Assam in India. Faced with a language barrier and considering Sakina's age and health, Jakia, along with other locals, provided her with shelter for four months. They also tried to find a way to send Sakina back to Assam.

Klanti said they contacted the local police twice, but could not find any solution on how they would repatriate her to her family.

"At one stage, I contacted one of her relatives, who works at Ekhon TV. Later, a BBC Bangla reporter, who was also informed, traced Sakina's family in Assam, India," she said.

"After the BBC report, police took Sakina into custody," added Klanti. "Now we are legally fighting for her release from jail."

Klanti's family is determined to see the case through, even though the legal battle is difficult and costly. She also wishes to keep Sakina in their home until she can be repatriated to India.

THE CASE

According to the case statement, around 4:30pm on September 25, Sakina was found at the entrance of Tekpara alley, in a tin‑shed area of Bhashantek. Upon questioning, she stated her home was in Assam.

Although she could speak some Bangla and her regional Assamese language, she could not produce a passport or visa.

The police complaint further alleges that Sakina could not provide any information on how she entered Bangladesh or reached Bhashantek in Dhaka.

Supreme Court lawyer Ishrat Hasan said, "The charge against Sakina Begum is generally considered bailable. Yet the repeated denial of bail to her suggests that the court has exercised its discretion by citing concerns such as the risk of absconding, uncertainty regarding her citizenship status, or the possibility of obstruction of legal proceedings. While the law permits bail, it is not an automatic right; courts assess the facts, risks, and circumstances of each case before granting it."

"However, when a woman -- especially one who is elderly or in fragile health -- remains detained for an extended period under a bailable offence, it clearly reflects a human rights violation… In Sakina Begum's case, the prolonged detention raises serious concerns regarding fairness, humane treatment, and the protection of her human rights," she added.