Controversy Erupts Over Crackdown on Illegal Bangladeshi Migrants in Assam

The Assam government's recent initiative to identify and deport illegal Bangladeshi migrants has stirred significant controversy. Critics argue that the approach, which bypasses traditional judicial processes, is arbitrary and infringes on fundamental rights. Chief Minister Himanta Biswa Sarma defends the actions under the Immigrants (Expulsion from Assam) Act, 1950, but opposition parties raise concerns about the implications of such measures. With over a hundred thousand individuals declared illegal by Foreigners Tribunals in recent decades, the complexity of citizenship determination is highlighted. The article explores the criticisms and potential consequences of this crackdown, suggesting a need for a more robust legal framework.
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Controversy Erupts Over Crackdown on Illegal Bangladeshi Migrants in Assam

Crackdown on Illegal Migrants Sparks Debate


The recent initiative by the State government to identify and deport illegal Bangladeshi migrants has ignited a new wave of controversy. This crackdown is being executed through administrative measures rather than the usual judicial processes.


Some individuals suspected of being illegal migrants have been sent back to the no-man's land at the Indo-Bangladesh border, although many have returned. The opposition has criticized the government for this abrupt approach, which deviates from the established judicial methods for identifying foreigners. In response, Chief Minister Himanta Biswa Sarma defended the actions, citing the Immigrants (Expulsion from Assam) Act of 1950. This law grants District Commissioners the authority to act against suspected foreigners. However, the context has significantly changed since 1950, particularly with the Assam Accord's cut-off date of March 25, 1971, leading to a more structured judicial process for handling illegal migrants.


Between 1985 and 2018, over a hundred thousand individuals were declared illegal Bangladeshi nationals by Foreigners Tribunals.


The task of determining an individual's citizenship status is a serious and intricate issue that should not be left solely to a handful of government officials or influenced by political agendas. The negligence of past administrations in addressing the issue of illegal migrants has complicated the situation, introducing humanitarian concerns.


While it may have been reasonable to assign District Commissioners the responsibility of identifying foreigners in the early stages of the issue, the current circumstances warrant a different approach. The recent crackdown has faced rightful backlash from opposition parties, who argue that the actions are arbitrary and infringe upon the fundamental rights of those affected.


This approach risks being capricious and biased, with the troubling aspect being that the individuals affected cannot contest their cases in court. It also raises questions about the purpose of the Foreigners Tribunals established for this very reason. Following the recent National Register of Citizens (NRC) update, the State government had announced plans to create additional Foreigners Tribunals to expedite the identification and deportation of illegal migrants. A more prudent strategy for the Assam government would be to enhance the legal framework for identifying illegal foreigners by reinforcing the judicial system.


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