The Assam government told its Border police on July 5, 2023, not to send cases of non-Muslims who came to India illegally before 2014 to Foreigners Tribunals (FTs). This comes after the Citizenship (Amendment) Act of 2019, which gives non-Muslims who are fleeing oppression in Afghanistan, Bangladesh, or Pakistan a way to become citizens.
Origins of Foreigners Tribunals
The Foreigners (Tribunals) Order of 1964, which was made possible by the Foreigners Act of 1946, set up Foreigners Tribunals in Assam. They are meant to be like courts and let local governments send people they think are foreigners to them to be judged. In other states, cases like this are only dealt with under the Foreigners Act. But Assam has its method. At the moment, only 100 of the 300 FTs that the Ministry of Home Affairs has approved are working.
Role of the Border Police
The Assam Police Border Organization was created in 1962 and became a separate organization in 1974. It works with the Border Security Force to stop illegal immigration, find strangers, and watch over the border between India and Bangladesh. Members check people’s identities and send people they think might be a threat to FTs. They also deal with cases involving “D” voters, or people who aren’t sure they are who they say they are, and requests from people who were taken off the National Register of Citizens (NRC).
Functioning of Foreigners Tribunals
FTs have the power of a civil court to call people to court, make sure they show up and look at proof. They have to send notices within 10 days of a referral and give people 20 days to respond and turn in proof. Cases must be decided by tribunals within 60 days. If you can’t prove your identity, you could be sent to a transit camp until you can be deported.
Criticism of Foreigners Tribunal Orders
Recent Supreme Court decisions have brought up problems with the FT system. For example, on July 11, the court overturned a mistaken statement that a deceased person was a foreigner, calling it a “grave miscarriage of justice.” Concerns have also been made about how citizenship checks are done at random and how some FT operations take advantage of people. For example, notices have been said to not be served properly, which violates the right to a fair trial.
About Citizenship (Amendment) Act
The Citizenship Act of 1955 was changed by the Citizenship (Amendment) Act, which was passed in India in December 2019. It gives religious minorities from Bangladesh, Pakistan, and Afghanistan who came to India before December 2014 a way to become Indian citizens. Some people say it goes against the secular ideals of the Indian Constitution. There were protests all over India because of the Act, which started conversations about national identity and religious oppression. Its application is still controversial, and there are legal challenges in the Supreme Court.
