BREAKING| Supreme Court Seeks Data From Union Government On Illegal Migration To Assam & NE States Post-1971

The Supreme Court on Thursday (December 7) directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971.

The Court also directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam. Details have to be furnished in regard to extent of border fencing and the estimated timelines to complete border fencing.

A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice Surya Kant, MM Sundresh, JB Pardiwala and Manoj Misra passed the direction while hearing a batch of petitions challenging Section 6A of the Citizenship Act 1955, which was inserted to give effect to the Assam Accord of 1985.

During the hearing, the Court said that regardless of its position on Section 6A, it proposed to deal with the issue of illegal immigration seriously.

The bench has also sought the following details too :

1. Number of persons to whom citizenship has been granted under Section 6A with reference to the time period of persons who came into Assam between 1.1.1966-25.3.1971

2. How many persons have been detected to be foreigners under the Foreigners Tribunals Order 1964 with reference to the above period?

3. With respect of persons who entered after 25 March 1971- the total number of foreigners tribunals set by the Union, total number of cases disposed of, number of cases pending as of date, the average time taken for disposal of cases, the number of cases pending before Gauhati High Court.

The Court directed that the affidavit be filed before next Monday. Where specific aspects require info from state govt, the data shall be shared by state of Assam. However a common affidavit be filed by the State of Assam and the Union of India

March 25, 1971 is the date of commencement of the Bangladesh liberation war. According to Section 6A, persons of Indian origin who migrated to Assam from the present day Bangladesh region between 01.01.1966 to 25.03.1971 are eligible to obtain Indian citizenship. However, persons who migrated to Assam after 25.03.1971 are not eligible to Indian citizenship and are liable to be deported as foreigners. Foreigners Tribunals have been established to determine whether persons are illegal migrants or Indian citizens in reference to the cut-off date of 25.03.1971.

The Court is hearing the challenge made by Assam indigenous groups to Section 6A to the extent it allows migrants who entered Assam between 01.01.1966 to 25.03.1971 to seek Indian citizenship.

This is the third day of hearing, which is ongoing. Live updates can be followed here.

Case Title: In Re: Section 6A Citizenship Act 1955

Reports of previous days :

Assam Accord | S.6A Citizenship Act Was Enacted Considering Humanitarian Aspects After Bangladesh Liberation, Says Supreme Court During Hearing

Assam Accord | Government Has To Be Given Leeway To Make Compromises For Nation's Well Being, Says Supreme Court [Day 2 Hearing]

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