When 104  illegal immigrants were sent back to India by the Trump administration with the men   with their hands and feet in shackles,  millions of Indians are upset ,  who feel that such treatment of illegal immigrants are unwarranted and reflect that the Trump administration  is insensitive and some people terming it as cruel. 

When this issue was debated in the Indian parliament, External Affairs Minister S Jaishankar took what appeared to be a neutral stand, stating that this practice in the US is a part of standard operating procedure. Certainly, he did not condemn the US action. He further tried to soften the blow by stating that women and children amongst the illegal migrants who were deported in the military aircraft were not restrained. Further, he said that the needs of deportees during transit relating to food and other necessities including medical help were  offered  and toilet facilities were not denied.

Of course, the minister also assured that the Government of India would take up the issue with the Trump administration with the request not to treat the deportees to India in such a harsh manner.

Obviously, Jaishankar, who was very cautious in his response in view of the impending visit of Prime Minister Narendra Modi to the US, was anxious not to create any friction in the Indo-US relationship, particularly since the illegal immigrants are deemed violators of US law.

The reactions to the statement of Indian foreign minister in India  is mixed  with some people thinking that the Indian government should  take a holistic  view of the matter and there is no need for any  overreaction at the present time, when the Trump administration seems to be still finding its feet

What Indians are angry 

The US claims that it is a democratic and free country  where human values are respected and honoured and the dignity of individuals are  recognised.  Critics point out that the treatment meted out to the deportees by putting them in shackles goes contrary to the claims of the US  government about its adherence to universal human values.

When a  person is arrested after a first  information report he  cannot be deemed to be a criminal which  has to  be proved in a court of law. When the Trump administration identified the illegal people in the USA they were not given the opportunity to challenge the decision to deport them in a court of law. In a democratic society, it has been  seen several times  that  when a person who is punished  on a criminal charge by a lower court the same person is found innocent by a higher court .

Arresting the illegals and putting them in a jail is different from deporting the illegals from the country where they have been allowed to stay for several years and where several of them have social security cards. This vexed question needs to be clarified by the US judiciary and there is no indication that the Trump administration has subjected its  decision to the scrutiny of the judges.

All said and done, most of the illegal immigrants have been allowed to stay in the US for several years, many of them worked there and  have contributed to the US economy in one way or the other.  In other words, the US has been benefited in one way or the other by the work contribution of the illegals.

Finally, there is one  question that the Trump administration has to answer.  During the last several years, the US administration has been shouting from the rooftop about human right violations in other countries,  particularly developing countries like India, Sri Lanka and others as if the US is the sole upholder of human right  values and the conscience keeper of the world.  

Redefining migrant policy

In countries like India, Sri Lanka, Bangladesh and Pakistan,  sections of people somehow want to go to the USA and settle down  there, impressed by the country's prosperity index and quality of life. Some people think that this attitude of the section of the people in these countries is also due to the continued colonial mindset as these countries have been ruled by Europeans for several centuries.

India too now has a problem due to the illegal migrants from Bangladesh and Myanmar. However, India is not bold enough to deport them to their respective countries as those countries may disown their citizens and would refuse to accept them. Trump had the clout to impose tariffs to threaten such countries who refuse to accept the deportees but the Indian government  cannot adopt such methods for obvious reasons.

All said and done, the Trump administration is now redefining the migrant policy and methodology of dealing with the migrant issues for the rest  of the world to observe, evaluate and practice.It is likely that those from South Asia and a few other countries would  think several times before trying to enter the USA in an illegal manner and perhaps would stop indulging in such misadventure.

(The author is the founder-director of Nandini Consultancy Centre, Chennai and a commentator on current affairs. Views are personal. He can be contacted at nsvenkatchennai@gmail.com)