In a letter to the National Human Rights Commission, a human rights group has sought action against the “illegal detention” of a 20-year-old Rohingya refugee and her five-month-old infant in a West Bengal prison, weeks after she completed a court-ordered sentence for immigration-related offences.
Kirity Roy, secretary of Banglar Manabadhikar Suraksha Mancha (MASUM), said Amina, a Rohingya refugee, has remained lodged at Baharampur Central Correctional Home in Murshidabad district since May 2025, despite a court order sentencing her to six months’ imprisonment for violations of India’s Foreigners Act.
According to MASUM, Amina was arrested in May 2025 under India’s Foreigners Act after allegedly being trafficked into the country from Bangladesh, where she had been living in a UNHCR-registered refugee camp in Cox’s Bazar. Roy said Amina was a victim of sexual violence and human trafficking and gave birth to her child before being brought to India.
A judicial magistrate in Ranaghat convicted Amina under Section 14A of the Foreigners Act and sentenced her to six months’ imprisonment and a fine of 1,000 rupees, which rights advocates say has already been paid. MASUM claims that, as of now, Amina and her infant have been held for about two months beyond the maximum sentence, making their continued detention “illegal and unconstitutional.”
“The continued detention of a young mother and an infant after the completion of sentence has no sanction of law,” Roy said, adding that it violates constitutional protections guaranteeing equality before law and the right to life and personal liberty.
The group has sought an immediate inquiry into the matter, the release of both detainees, and accountability for officials allegedly responsible for failing to implement the court’s order.
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