The Assam government is set to invoke the Immigrants (Expulsion from Assam) Act, 1950, a previously overlooked law, to expedite the identification and deportation of illegal migrants. This decision, announced on Saturday, marks a significant shift in the state's approach to the issue, potentially bypassing the usual lengthy judicial processes.
Chief Minister Himanta Biswa Sarma stated that the Supreme Court has affirmed the validity of the 1950 Act, allowing the state government to deport illegal foreigners without approaching tribunals in every case. He highlighted that a District Commissioner (DC) can now issue orders for the immediate deportation of illegal immigrants based on this law. Sarma noted that this provision had been somehow forgotten and not brought to the government's attention by lawyers in the past.
The Chief Minister explained that the process of detecting and deporting illegal immigrants had slowed down due to the National Register of Citizens (NRC) update exercise. With the invocation of the 1950 Act, the state aims to accelerate this process. Sarma clarified that once illegal immigrants are identified, they will be immediately deported, eliminating the need to refer their cases to tribunals. However, those with pending court cases will not be deported until the courts settle the matters.
The decision has already drawn criticism from minority organizations. The All India United Democratic Front (AIUDF), a minority-based opposition party, recently submitted a petition to Governor Lakshman Prasad Acharya, protesting the alleged harassment of Indian Muslims during the identification and apprehension of illegal immigrants. The party claims that individuals, particularly from the Muslim community, are being detained, interrogated, and even arrested based on suspicion, often without sufficient evidence or due process. The AIUDF also pointed out instances where detainees were later released after being confirmed as Indian citizens.
Legal experts have pointed out potential challenges. Deportation requires the receiving country to acknowledge the individual as its national and issue travel documents. Without this cooperation, deportation cannot proceed, leading to indefinite detention. Assam has previously faced this issue, with many individuals declared "foreigners" after the NRC exercise remaining in detention or semi-legal limbo due to Bangladesh's refusal to accept them. The state government bears the financial burden of their detention.
The Ministry of Home Affairs (MHA) had previously directed states and Union Territories to verify the citizenship status of suspected undocumented immigrants from Bangladesh and Myanmar within 30 days. This directive also instructed states to use their statutory powers to identify and detain such individuals, establish holding centers, and create special police task forces for detection and deportation.
The Assam government's decision to invoke the Immigrants (Expulsion from Assam) Act, 1950, is likely to have far-reaching consequences. While the government aims to expedite the deportation process and address concerns about illegal immigration, the move raises concerns about due process, potential harassment of minorities, and logistical challenges related to deportation. The coming months will be crucial in determining the practical implementation and impact of this forgotten law.
