The Right to Nationality and Repatriation under International Law: A Study on Biharis in Bangladesh

Main Article Content

Mohammed Tahmidul Islam
Md. Tuhin Mia
Mazharul Islam


This article aims to examine the legal position of Biharis in Bangladesh and their status in international law. It also reiterates the position of the international community, repatriation rights and judicial decisions on Bihari issues. Despite giving the citizenship rights to the Biharies in Bangladesh many of them did not renounce their Pakistani citizenship and actively refused to integrate with majority Bengalis. Therefore, the Bihari people’s right to get into Pakistan, their homeland, is an internationally recognized right having the force of customary international law. The article is based on secondary data materials. The key sources of this article include textbooks, journal articles, daily newspapers and online documents. The study has also relied on international instruments and decided cases of Apex Court of Bangladesh and Pakistan. The article found that Pakistan has violated and continues to violate the Biharis international right to get into their state of nationality by refusing repatriation. Besides, the new generations of stranded Biharis have mostly rejected their forefather’s stances and ideologies. Hence, the government should give them full opportunity to educate themselves to become productive citizens of Bangladesh.

Article Details

How to Cite
Islam, M. T., Mia, M. T., & Islam, M. (2021). The Right to Nationality and Repatriation under International Law: A Study on Biharis in Bangladesh. JILS (Journal of Indonesian Legal Studies), 6(2), 251-278.
Research Articles
Author Biographies

Mohammed Tahmidul Islam, Department of Law, World University of Bangladesh

Mohammed Tahmidul Islam is a Lecturer at the Department of Law, World University of Bangladesh. He has taught and researched in the fields of International Law, International Trade and Commerce Law, Human Rights and Development, Corporate Laws.

Md. Tuhin Mia, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia

Md. Tuhin Mia is a PhD candidate at the Department of Civil Law, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. He is studying PhD on International Labour Migration and Humanitarian Law area in Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. He is an expert on International Law, Labour Law, Refugee Law, Human Rights, and Humanitarian Law. Being a passionate researcher and academic, Tuhin has widely published in peer-reviewed journals and presented papers in several national and international conferences in his areas of interest, i.e. ‘legal and regulatory aspects of migrant workers’, ‘human rights law’, ‘International migration law’, ‘legal research’, and ‘Asian and comparative law’, etc.

Mazharul Islam, Department of Law, World University of Bangladesh

Dr. Mazharul Islam is a Lecturer at the Department of Law, World University of Bangladesh. He obtained his PhD from Faulty of Law, South Asian University, India. He is an expert on International Law, Trade Law, Refugee Law, Human Rights, and Humanitarian Law.


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