The Supreme Court of India on Wednesday received an undertaking from the Government of India that it will bring back pregnant woman Sunali Khatun and her eight-year-old son, who had been deported to Bangladesh earlier this year. The court had earlier asked whether they could be allowed to return on humanitarian grounds — today the Centre agreed.
Humanitarian grounds outweigh procedural controversies
During the hearing, the Solicitor General informed the bench that the mother and child will be repatriated without prejudice to the government’s right to contest their citizenship — but purely on humanitarian grounds.
The court emphasised that “law must bend to humanity,” especially considering Sunali’s advanced pregnancy and the child’s welfare.
Court orders medical care and safe return to Delhi or native district
The court directed the state government to ensure free medical treatment for Sunali given her condition, and appropriate care for her child.
Though the Centre said the pair would be brought back to Delhi (from where they were originally taken into custody), their lawyer proposed relocating them to their home district in Birbhum, West Bengal.
Citizenship status remains under legal contest
While the humanitarian return has been permitted, the government has made clear that it retains the right to dispute their nationality on merits.
The court noted that if Sunali successfully proves her biological link with her father (an Indian citizen), she and her son may be recognised as Indian citizens — an issue that remains to be resolved.
Case Title : UNION OF INDIA v. BHODU SEKH AND ORS SLP(Crl) No. 18658/2025 and UNION OF INDIA v. AMIR KHAN AND ORS.
