SC Orders Centre to Bring Back Pregnant Indian Woman, Child from Bangladesh on Humanitarian Grounds

The Supreme Court has asked the Centre to arrange the return of nine-month pregnant woman Sonali Khatun and her eight-year-old child from Bangladesh. The Centre gave an undertaking that both will be brought back on humanitarian grounds and provided with proper care.

The Bench, led by Chief Justice Surya Kant, told the Union government to make all travel arrangements and support. The Court stressed that the State must sometimes "bend in humanitarian interest," especially when the health and safety of a child and a pregnant woman are involved.

Supreme Court citizenship case and humanitarian return directives

The Court further ordered that Sonali receive free medical treatment in India, considering the advanced stage of pregnancy. Authorities were also told to ensure her son’s welfare. The directions cover their journey and the period after they enter India, including access to public health facilities.

According to the case record, Sonali says she is the daughter of Bhodu Sheikh, an Indian citizen. Justice Joymala Bagchi noted that Bhodu Sheikh’s citizenship is undisputed. Justice Bagchi stated that if Sonali is accepted as the daughter, she and her children fall within the Citizenship Act.

Bhodi Sheikh has been pursuing legal remedies to secure the return of Sonali, her husband Danish Sheikh, and their eight-year-old son. The family was pushed into Bangladesh earlier this year after authorities treated them as foreigners. Their removal triggered challenges before the Calcutta High Court.

Supreme Court citizenship case, deportations and High Court findings

Another group, involving Sweety Bibi, the spouse, and two children, was also sent across the border. Delhi Police had detained them on 18 June 2025 on allegations of being illegal Bangladeshi citizens. They were deported on 27 June 2025, despite their claim of Indian nationality.

These deportations were examined by the Calcutta High Court on petitions from Bhodu Sheikh and Sweety’s husband, Amir Khan. On 26 September 2025, the High Court quashed the removals and called them "illegal". It directed that seven affected persons be brought back within one month.

The details of those deported, as discussed in court, can be set out as follows.

While hearing the Centre’s appeal against the High Court ruling on 1 December, the Supreme Court had already asked Solicitor General Tushar Mehta to consider allowing Sonali and her son to re-enter India. That earlier suggestion has now become a specific direction for their return.

Senior Advocate Kapil Sibal, for the State of West Bengal, urged that the Centre should also seek instructions on bringing back the six other deported individuals. However, Solicitor General Tushar Mehta objected, insisting they are "Bangladeshis" and stating that the Union government strongly contests their claim to Indian citizenship.

The Centre approached the Supreme Court because of the risk of contempt proceedings in the Calcutta High Court, following non-compliance with the return order. SG Mehta requested that any contempt action be kept on hold, as the Centre plans to continue disputing the citizenship status of the remaining persons.

The Supreme Court has now fixed the case for further hearing on 16 December 2025. By then, the Court expects Sonali and her child to be brought back, with medical support in place, while questions about the other six people and their citizenship remain to be argued.