Calcutta High Court to Centre: Explain Sudden raids against Bengali- speakers

In a significant development that has sparked concerns over linguistic profiling, the Calcutta High Court has sought a response from the Union Government and the Odisha Police regarding a series of detentions and raids allegedly targeting Bengali-speaking individuals across multiple Indian states. The court was hearing a batch of habeas corpus petitions filed by civil society groups and families of detained persons who claimed their relatives were illegally arrested and, in some cases, deported—merely for speaking Bengali.

The division bench, while hearing the matter, remarked, “Speaking a particular language cannot be a ground for suspicion or detention. Every citizen has the right to speak in their mother tongue without fear of persecution. These incidents raise grave constitutional concerns and warrant thorough judicial scrutiny.” Calcutta High Court to Centre: Explain Sudden raids against Bengali- speakers.

Background of the Case

The controversy began in early 2025, when reports surfaced of raids in Odisha, allegedly targeting Bengali-speaking migrant labourers. Several detainees were reportedly picked up without being shown formal arrest documents or provided legal aid. In many instances, individuals possessing valid Indian identification—such as Aadhaar cards, voter IDs, and PAN cards—were still taken into custody on the suspicion of being “illegal migrants from Bangladesh.”

According to petitioners, similar actions were also reported in Maharashtra, Gujarat, Chhattisgarh, and Madhya Pradesh, where Bengali-speaking labourers and workers were detained, questioned, and in some cases, deported without proper verification of their nationality.

Calcutta HC’s Interim Directions

Taking note of the petitions and media reports, the Calcutta High Court has directed the Central Government, the Ministry of Home Affairs, and the Odisha State Government to file a comprehensive affidavit explaining the legal basis of the actions taken and justifying the detentions. The court emphasized the importance of Article 21 of the Constitution, which guarantees the right to life and personal liberty to all persons, regardless of their language or ethnicity.

Further, the bench directed the authorities to produce a list of all detained persons who are Bengali-speaking and clarify the documentation reviewed during their identification. The court also raised questions about the implementation of the Foreigners Act and whether linguistic identity was being improperly used as a proxy for determining nationality.

Political and Public Reaction

The issue has triggered an outcry in West Bengal, with Chief Minister Mamata Banerjee accusing the Centre of promoting "linguistic apartheid" under the guise of illegal migration checks. “Targeting people just because they speak Bengali is not just unconstitutional, it is inhuman,” Banerjee stated in a press conference. She announced a statewide movement named ‘Bhasha Raksha Andolan’ to defend the dignity and rights of Bengali-speaking citizens across the country.

The Trinamool Congress (TMC) and opposition parties like the CPI(M) and Congress have joined hands on this issue, describing the raids as an attack on the linguistic and cultural identity of Bengalis. Protest rallies have been organized across districts, and delegations have submitted memorandums to the President and Prime Minister seeking intervention.

Concerns from Legal Experts and Civil Rights Groups

Legal experts have expressed concern over the lack of due process, highlighting the need for safeguards against arbitrary detention. Senior Advocate Indira Jaising stated, “Language can never be a basis for determining citizenship. The Constitution protects cultural and linguistic diversity, and this situation calls for judicial and parliamentary review.”

Organizations such as the PUCL (People’s Union for Civil Liberties) and Human Rights Law Network have demanded an independent judicial inquiry, stating that such practices violate Articles 14, 15, 19, 21, and 29 of the Constitution. They also criticized the misuse of the Foreigners Act, 1946, without clear evidence or fair investigation.

Next Steps and Implications

The High Court has scheduled the next hearing in August 2025, by which time the Central and State governments are expected to furnish detailed responses. The outcome of this case could have far-reaching implications for linguistic rights, migration policy, and the definition of citizenship within India’s federal and multilingual framework.

If the allegations are proven, it may prompt courts to issue new safeguards against profiling based on language and establish protocols for detentions under immigration laws, especially in states with large migrant populations.

As the legal battle continues, the case has become a flashpoint in the ongoing debate over identity, language, and the protection of fundamental rights in a pluralistic democracy.