Asaduszaman Sohag and Israt Jahan Eva

Abstract: Bangladesh gained independence in 1971 following a violent liberation war, primarily to address the discrimination faced by Bengalis. Over the past 50 years, diplomatic relations between Bangladesh and Pakistan have improved, yet both countries continue to grapple with the repercussions of the war, particularly affecting two ethnic groups: the Bihari community in Bangladesh and the Bengali community in Pakistan. The Biharis, who opposed the liberation movement, have been facing social ostracism since 1971. Although they are legal citizens of Bangladesh, they encounter significant social discrimination due to their ancestors’ allegiance to Pakistan. This article explores the barriers they face in accessing the benefits of citizenship, despite their legal status. Conversely, the Bengali community in Pakistan experiences a more complex situation, often viewed as an ethnic minority or illegal migrants. Their legal status remains ambiguous, leaving them stateless in practice, which deprives them of basic human rights and access to justice. Both communities contribute to the economies of their respective countries but have endured state and social discrimination for decades due to the political fallout from the 1971 war. Within a doctrinal and comparative legal framework, two principal objectives of this study are: to examine the paradox between the formal legality and the lived reality of citizenship for Biharis and Bengalis residing in Pakistan; and to present a comparative analysis of the citizenship status and constitutional rights issues concerning the Bihari community in Bangladesh and the Bengali community in Pakistan. This article also finds out the social barriers that the Bihari community is facing in public life after getting citizenship, as well as the dilemmas and social problems that the Bengali community in Pakistan is facing regarding their legal status and also recommends what steps Bangladesh and Pakistan governments can take to solve this problem have been discussed.

Keywords: Bihari, Bengali, citizenship, legal status, ethnic minority.

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