The issue of statelessness is one that affects millions of people globally, and in the context of Pakistan, one group stands out—the stateless Bengalis. These are individuals of Bengali origin who, despite living in Pakistan for decades, find themselves in a limbo of legal uncertainty, without the protections and rights afforded to citizens of the country. The status of stateless Bengalis in Pakistan is complex and rooted in historical, political, and social factors that have contributed to their continued exclusion from the nation’s mainstream.
Historical Background
The origins of the stateless Bengali community in Pakistan can be traced back to the partition of British India in 1947. When India was divided into two separate states—India and Pakistan—the newly formed Pakistan was based on two distinct regions: West Pakistan (now Pakistan) and East Pakistan (now Bangladesh). The partition led to the migration of millions of people, primarily Muslims from the eastern regions of India, into Pakistan. Among these migrants were many from the Bengali-speaking community of East Bengal, who moved to Pakistan's eastern cities and regions like Karachi.
However, the majority of the Bengali migrants who settled in Pakistan were not granted Pakistani citizenship after the partition. Many of these individuals came from rural areas and were seen as low-skilled laborers, which led to their marginalization. This issue was compounded by Pakistan's subsequent political dynamics, including the political shift from East to West Pakistan and the eventual creation of Bangladesh in 1971 following a brutal war of independence.
The 1971 War and its Aftermath
The 1971 Bangladesh Liberation War was a pivotal moment that deeply affected the Bengali community in Pakistan. The conflict resulted in the secession of East Pakistan, leading to the formation of Bangladesh. The war created a divide between the populations of East and West Pakistan, with millions of Bengalis fleeing to Pakistan to escape the violence.
However, instead of receiving refugee status or citizenship, many of the Bengalis who fled to Pakistan found themselves in a state of limbo. In the aftermath of the war, Pakistan’s government chose not to grant citizenship to the Bengali-speaking population, despite their presence in the country for decades. The decision was politically motivated, as the Pakistan government viewed the Bengali population with suspicion, considering their association with the independence movement in Bangladesh.
This left many Bengalis in Pakistan in an uncertain position, as they were neither considered citizens of their new home nor allowed to return to the newly established Bangladesh. They became a stateless community—stripped of their rights in both countries.
Life as Stateless Bengalis in Pakistan
Today, stateless Bengalis in Pakistan live in precarious conditions. They face multiple layers of discrimination and exclusion, from being denied access to basic services such as healthcare, education, and employment, to facing difficulties in obtaining national identity cards, passports, or any form of documentation that could prove their legal identity. These challenges make it difficult for stateless Bengalis to integrate into society or even to claim the rights that might be due to a regular citizen.
While there have been some efforts by human rights organizations to address the issue of statelessness among this community, the Pakistani government has been largely indifferent. The stateless Bengalis often live in isolated communities, with limited access to social mobility. In cities like Karachi, many stateless Bengalis live in underprivileged areas, working in low-paying jobs or in the informal economy, and enduring a life of insecurity.
A key aspect of their marginalization is the difficulty they face in accessing legal documents. Without a national identity card, stateless Bengalis cannot vote, apply for government benefits, or even open a bank account. This lack of documentation also makes it easier for them to be exploited by those in power, as they are unable to legally challenge abuses or demand their rights.
The Constitution of Pakistan does not explicitly mention statelessness but outlines the general provisions related to citizenship under Article 6 of the Citizenship Act of 1951. This act, along with amendments and executive orders, governs how citizenship is acquired, lost, and restored in Pakistan.
• Article 6 of the Citizenship Act of 1951: This article defines the rules for acquiring Pakistani citizenship. It states that individuals who are born in Pakistan or have Pakistani parents are eligible for citizenship. However, for Bengali statelessness, the key issue lies in the political decisions made after the 1971 war and the creation of Bangladesh. Many Bengalis who had migrated from East Pakistan before and during the 1971 war were not granted Pakistani citizenship, even though they had been living in Pakistan for decades.
• Article 9 of the Constitution: While not directly related to statelessness, Article 9 of the Constitution of Pakistan guarantees the "security of person," meaning no one can be deprived of their personal liberty except according to the law. Stateless individuals, however, face challenges in accessing legal rights, such as the ability to register for national identification or claim social services.
Efforts to Address Statelessness
Some steps have been taken to address the plight of stateless Bengalis, though they have been limited. In 2000, the government of Pakistan passed a law granting citizenship to some of the Bengali migrants who had been in the country since 1971. This was an important step in acknowledging their presence and rights. However, the implementation of this law has been inconsistent, and many individuals continue to remain in a state of legal limbo.
Furthermore, organizations like the United Nations High Commissioner for Refugees (UNHCR) and various local human rights groups have worked to highlight the issue of statelessness in Pakistan, urging the government to provide these individuals with citizenship and the full set of rights that come with it. However, political resistance, coupled with long-standing prejudices, has made meaningful progress difficult.
Conclusion
The issue of stateless Bengalis in Pakistan remains a profound challenge. These individuals, who have lived in the country for decades, are often caught between two identities—neither fully accepted in Pakistan nor able to return to their homeland, Bangladesh. Despite some efforts to address their situation, stateless Bengalis continue to face significant obstacles, including lack of documentation, limited access to social services, and political marginalization.
The resolution of this issue will require concerted efforts from the Pakistani government, international organizations, and civil society to ensure that the rights of stateless individuals are upheld. Only through legal recognition, protection of rights, and social inclusion can the stateless Bengali community in Pakistan begin to enjoy the same opportunities and dignity as any other citizen.
