The largest group of foreign national inmates in India is Bangladeshi inmates. Bangladeshis made up 68.8% of the 5,168 foreign national prisoners housed at the end of 2018, according to data provided by the National Crime Records Bureau (NCRB). It is important to consider the high number of prisoners from Bangladesh in India when considering their shared history, as well as the frequent movements and social interactions across their porous borders. Following India's partition in 1947 and again during the Bangladesh Liberation War in 1971, there was a significant migration from Bangladesh to India. The Assam Accord was signed in 1985 as a result of the significant outcry over the flood of Bangladeshi migrants in Assam. In the 2005 case of Sarbananda Sonowal v. Union of India, the Supreme Court of India invalidated the Illegal Migrants (Determination of Tribunal) Act, 1983, which established the processes for identifying and removing illegal migrants from Assam. The court ruled that the Act violated Articles 14 and 355 of the Indian Constitution. The publication of the National Register of Citizens (NRC) in Assam on August 31, 2019, which excluded 1.9 million people as citizens of India, has brought the topic of detention and deportation of illegal migrants back into the public eye. This research paper is an attempt to examine the reasons behind the imprisonment of Bangladeshi undertrial prisoners in India particularly in some cases even if they have completed more than half of the sentences provided under the law for those offences and to find out some remedial measures for those who for some reason have came to India and thereafter, have never been able to return to their country of origin.
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