Chained and Shackled:
Deportation or Human Rights Violation?
By Col R Hariharan | Magazine|Special|
India Legal | February 10, 2025
https://indialegallive.com/magazine/outrage-grows-over-indian-migrants-in-shackles/
The recent deportation of 104
Indian illegal migrants from the United States has sparked an international
outcry—not merely for the act of deportation itself, but for the brutal manner
in which it was carried out. Images and reports of men handcuffed and shackled
aboard a US military aircraft, transported like criminals, have fuelled
criticism from human rights groups and Indian lawmakers.
The first batch of deportees,
including 19 women and 13 minors, landed in Amritsar on February 5, their
journey back marked by humiliation and harsh treatment. Many of them had spent
between Rs 30 lakh and Rs 1 crore to undertake perilous routes through multiple
countries in a desperate attempt to reach the US, only to be arrested and
forcibly expelled.
The uproar reached the Indian
Parliament during the Budget Session, with External Affairs Minister S
Jaishankar acknowledging concerns over their treatment and assuring that India
is engaging with US authorities to ensure basic human dignity for deportees.
“We are taking this up at the highest levels,” he said, responding to
opposition demands for stronger action.
Harsh US policies under
scrutiny
The crackdown is part of
former President Donald Trump’s aggressive immigration policy, which he revived
immediately after taking office for his second term. The US, home to an
estimated 11 million illegal immigrants—including around 7,25,000 Indians—has
intensified deportations, justifying them as national security measures. The
latest deportation, labelled a “national security operation” by US authorities,
saw deportees flown home aboard a C-17 military aircraft, a mode typically used
for defense missions rather than human transport.
According to Title 8 of the US
Code, unauthorized entry into the US is a criminal offense, and deportation
follows as a legal consequence. However, the use of excessive restraints has
raised alarms. The 2012 Standard Operating Procedures (SOPs) of US Immigration
and Customs Enforcement (ICE) allow for the use of restraints during
deportation flights, but rights groups argue that indiscriminate shackling of
non-violent migrants is degrading and unnecessary.
India’s Response and The
Bigger Question
With 487 more Indian migrants
facing imminent deportation, the debate over their treatment is unlikely to
fade. Prime Minister Narendra Modi is expected to raise concerns over
immigration policies when he meets President Trump during his visit to the US on
February 12-13. While trade and strategic ties remain key issues, the treatment
of deported Indian citizens will add another layer to diplomatic discussions.
Yet, beyond the outrage over
their return, a critical question looms: Why are so many Indians risking
everything to migrate illegally? The answer lies in a thriving network of human
traffickers operating in states like Punjab, Haryana, Gujarat, and Kerala.
Exploiting desperation, these syndicates charge exorbitant sums, promising safe
passage to the US and other Western nations.
If India is serious about
protecting its citizens, cracking down on these illegal networks must be a
priority. Preventing unsafe migration at its source is just as important as
ensuring humane treatment abroad.
“Deportation is a legal
process. But shackling people like criminals is an assault on human
dignity.”—Amnesty International.
—The writer is a retired
military intelligence specialist on South Asia associated with the Chennai
Centre for China Studies
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