'Will my baby will be born in India or Bangladesh': SC directs return of pregnant Sunali Khatun; uncertainty looms over childbirth
Times of India | 4 December 2025
KOLKATA: Nine months pregnant and recovering from three-and-a-half months in a Bangladeshi jail, 26-year-old Sunali Khatun said she is "delighted" by the apex court's direction for her repatriation but is unsure when she will finally return to her parents in Bengal's Birbhum district
“I want to return to my home in Birbhum immediately, but do not know if that would be a reality,” Sunali told TOI over phone from Bangladesh. “I have pain in my lower back. Doctors told me I am 9 months and 10 days pregnant. I don’t know if my baby will be born in India or here”.
More than five months after her deportation to Bangladesh, the Union govt on Wednesday told Supreme Court it would “purely on humanitarian grounds” bring back Sunali Khatun, who is pregnant, and her eight-year-old son, even as it stuck to its stand that she is an illegal immigrant from Bangladesh.
“Law has to bend before humanity,” said a bench of CJI Surya Kant and Justice Joymalya Bagchi as it asked solicitor general Tushar Meh-ta to seek instructions from govt about the return of the other four detained in Delhi by police before being deported to Bangladesh in June.
On Oct 3, a Bangladeshi court had declared Sunali and her family to be Indian citizens. Mehta said the Union govt had taken a humanitarian view only because of the woman’s advanced pregnancy and that she and her minor son would be brought back to Delhi and adequate healthcare provided to her. Appearing for Sunali’s father Bhodu Sekh, senior advocate Sanjay Hegde told the bench she would be better off with her father at her village in Birbhum.
The bench agreed and said Sunali would be better attended to during her pregnancy if she stayed with her father and asked Centre to send her to Birbhum after getting her repatriated along with her son. It also directed Birbhum district medical officer to provide her free healthcare.
The Bengal govt, through Kapil Sibal, supported the plea and requested SC to seek a response from the Centre on the return of the other four, including Sunali’s husband Danish.
The SC also raised an important issue before Centre: as govt has not proceeded against Bhodu Sheikh on the ground that he is a Bangladeshi national, which would lead to an inference that he is an Indian citizen, Sunali’s proving that she is the biological daughter of Bhodu would automatically lead to her being considered an Indian citizen, along with her son. However, it was quick to clarify that it would be altogether different if she is not biologically related to Bhodu.
SC said the govt can have a summary inquiry about her citizenship while following the principles of natural justice — giving her an opportunity to present her case and respond to queries of authorities. Mehta said Sunali and five others were detained by police in Delhi, not in Birbhum, and a preliminary enquiry found they had no documentary proof about Indian citizenship.
Mehta said he was prepared to argue the case before SC regarding Sunali’s citizenship and that of the five others. The bench posted the matter on Dec 12.