Impossible To Get Accurate Data On Illegal Migrants, They Enter In Clandestine Manner : Centre Tells Supreme Court

The Centre on Tuesday (12.12.2023) filed an affidavit furnishing the details on illegal immigrants and those who have been granted citizenship in light of S.6A of the Citizenship Act, 1955.

On December 7, the Court had directed the Ministry of Home Affairs to furnish data regarding the inflow of illegal migrants to Assam and North Eastern states after March 25, 1971 (post the declaration of Bangladesh independence) and to provide data-based disclosures under various heads including the grant of citizenship to immigrants in different time periods, workings of the Foreigners Tribunals established etc. A Constitution Bench passed the order while hearing petitions challenging Section 6A of the Citizenship Act.

The affidavit under the query on the total number of inflow of illegal immigrants in India, clearly states that the 'clandestine and surreptitious' manner of entry of these individuals makes it difficult for the government to ascertain any accuracy on data collection.

"Illegal migrants enter into the country without valid travel documents in a clandestine and surreptitious manner. The detection, detention and deportation of such illegally staying foreign nationals is a complex ongoing process. It is not possible to collect accurate data of such illegal migrants staying in various parts of the country," the affidavit said.

Mr. Ajay Kumar Bhalla, Secretary in the Ministry of Home Affairs, Government of India has furnished the required details on behalf of the Centre under the following queries :

1. Persons granted citizenship under S.6A(2) between 1.1.1966 - 25.3. 1971: 17,861 (registered names with FRRO til 31.10.2023)
2. Persons detected to be foreigners by order of the Foreigners Tribunal between 1966- 1971: 32,381 (till 31.10.2023)
3. The Estimated inflow of illegal immigrants into India, including but not confined to the State of Assam after 25.3.1971: 'not possible to collect accurate data' since they enter the country in a 'clandestine and surreptitious' manner
4. On the working of the Foreigners Tribunals (FTs) in respect of the persons who entered India, including the state of Assam after 25.3.1971 :
5. Total No. of Foreigners Tribunals: 100
6. Total No. of cases disposed of: 3,34,966 (as of 31.10.2023)
7. Total No. of pending cases: 97,714 (as of 31.10.2023)
8. The average time taken for the disposal of cases: “It is not feasible to assess the average time taken to dispose of the cases” as it's dependent on factors such as availability of suspected foreigners, FT members, production of documentary evidence etc.
9. Total No. of cases pending before Guwahti High Court arising from FTs: 8,461 (as of 1.12.2023)

The Government also said that 14,346 persons detected to be foreigners were deported between 2017 to 2022.

On the aspect of administrative steps which the Central Government has taken to deal with the issue of illegal immigration into the North-Eastern States, especially Assam, it was submitted that :

1. The Ministry of Home Affairs, GOI has released a total sum of Rs. 122 crore for covering the expenditure of FTs in the last five years;
2. Monitoring of deportation of detected foreign and convicted foreigners in Assam is conducted by a Standing committee headed by a Joint Secretary to the GOI in the Ministry of External Affairs which has had a total of six meetings so far;
3. Periodic meetings are convened between the Chief Secretary and DGPs to review the enforcement of legal provisions related to illegal immigrants;
4. Police authorities are advised to keep strict vigil and take appropriate prompt actions to detect, identify and intercept illegal immigrants in the State

On the security and border fencing front, the Centre deposed the following measures:

1. 2nd Line of Defence: The Assam Police Border personnel along with Assan Police Armed Branch personnel are deployed in the 2nd line of Defence behind the outposts of the BSF at the Indo-Bangladesh border for vigilance and tracing of infiltrators;
2. Watch Posts: presently, 159 watch posts in 23 districts are established in the infiltration-prone areas of Assam to survey the detection of infiltrators and take subsequent legal action;
3. Border Protection Grid: the grid for the Indo-Bangladesh International Border has been established for effective border management and the Govt. of Assam has finalised an SOP of the same involving several stakeholders to prevent cross-border crimes;
4. Lead Intelligence Agency Meeting: the agency meeting is conducted periodically by the BSF and SSB wherein issues of infiltration, trans-border crimes, co-ordination, join operation and sharing of intelligence are discussed and strategised;
5. The extent of Border Fencing: Out of the 4096.7 km of International Border shared with Bangladesh, the feasible length for the fence is 3922.243 Km and the non-feasible length is about 174.5 Km. Assam in specific shares 263 Kms of the International Border with Bangladesh, out of which 210 Kms is covered by fence and the remaining non-feasible length has been covered with Technological Solutions.

The additional information on the status of fencing in West Bengal, states that Bengal shares 2216.7 Km of the border with Bangladesh, 78% of which is covered with a fence (feasible length). It was also highlighted in the affidavit that due to West Bengal's “Direct Land Purchase Policy” even for national security projects such as border fencing, considerable delays have occurred in the timely completion of fencing in West Bengal.