On July 5, 2023, the Assam government instructed its Border police not to forward cases involving non-Muslims who entered India illegally before 2014 to Foreigners Tribunals (FTs). This directive follows the enactment of the Citizenship (Amendment) Act of 2019, which offers a pathway to citizenship for non-Muslims fleeing persecution from Afghanistan, Bangladesh, or Pakistan.
Foreigners Tribunals
- Establishment and Purpose: The Foreigners (Tribunals) Order of 1964, established under the Foreigners Act of 1946, created Foreigners Tribunals in Assam. These tribunals function similarly to courts, allowing local governments to refer individuals they suspect of being foreigners for adjudication. Unlike other states, Assam employs this tribunal system in addition to the Foreigners Act.
- Operational Status: Out of the 300 FTs approved by the Ministry of Home Affairs, only 100 are currently operational.
Assam Police Border Organization
- Formation and Role: Established in 1962 and reorganized as a separate entity in 1974, the Assam Police Border Organization collaborates with the Border Security Force to manage illegal immigration, identify foreign nationals, and oversee the India-Bangladesh border.
- Responsibilities: The organization verifies identities, refers potential threats to FTs, handles cases involving “D” voters (individuals with questionable identities), and addresses issues related to the National Register of Citizens (NRC).
Tribunal Procedures
FTs have civil court authority to summon individuals, require their presence, and examine evidence. They must issue notices within 10 days of referral, provide 20 days for responses, and resolve cases within 60 days. Failure to prove identity may result in placement in a transit camp pending deportation.
Recent Judicial Concerns
On July 11, the Supreme Court overturned a case where a deceased individual was erroneously declared a foreigner, labeling it a “grave miscarriage of justice.” Issues have been raised regarding the random nature of citizenship checks and procedural abuses within FTs, including improper service of notices, which undermine the right to a fair trial.
Citizenship (Amendment) Act of 2019
The Citizenship (Amendment) Act, passed in December 2019, amends the Citizenship Act of 1955 to provide a path to citizenship for religious minorities from Bangladesh, Pakistan, and Afghanistan who entered India before December 2014. The Act has sparked controversy for potentially conflicting with the secular principles of the Indian Constitution, leading to widespread protests and ongoing legal challenges in the Supreme Court.
Multiple-Choice Questions (MCQs):
- When did the Assam government issue the directive regarding non-Muslim illegal immigrants?
- A) July 5, 2022
- B) July 5, 2023
- C) August 5, 2023
- D) June 5, 2023
- What does the Citizenship (Amendment) Act of 2019 provide for non-Muslims from specific countries?
- A) Immediate citizenship upon arrival
- B) A pathway to citizenship if they arrived before December 2014
- C) Employment visas for five years
- D) Permanent residency status
- How many Foreigners Tribunals are currently operational out of the approved number?
- A) 150
- B) 100
- C) 200
- D) 50
- What action did the Supreme Court take on July 11 regarding a deceased individual?
- A) Upheld the foreigner status
- B) Overturned the mistaken foreigner declaration
- C) Issued a fine to the tribunal
- D) Referred the case to a higher court
- What must Foreigners Tribunals do within 10 days of a referral?
- A) Decide the case
- B) Issue a notice
- C) Deport the individual
- D) Provide legal counsel