No accurate data on all illegal immigrants: Centre to SC

The Central government in an affidavit told the Supreme Court that it would not be able to provide accurate data on the extent of illegal migration of foreigners into India as such migration happened in a secretive manner.

The Central government in an affidavit told the Supreme Court that it would not be able to provide accurate data on the extent of illegal migration of foreigners into India as such migration happened in a secretive manner. In the affidavit, filed in the top court on a batch of pleas challenging the constitutional validity of section 6A of the Citizenship Act relating to illegal immigrants in Assam, the Union Home Ministry expressed its inability to collect data on illegal migrants living in various parts of the country.

"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," it said. On December 7, the apex court directed the Central government to furnish data on the number of immigrants who were conferred Indian citizenship through Section 6A(2) of the Citizenship Act, 1955 and what steps have been taken so far to curb illegal migration into Indian territory.

The affidavit stated that 14,346 foreign nationals were deported from the country between 2017 and 2022, and 17,861 migrants who had entered Assam between January 1966 and March 1971 were given Indian citizenship under the provision. 32,381 persons were declared foreigners by orders of Foreigners Tribunals between 1966-1971, it added.

The Ministry further submitted that in the last five years, a sum of Rs. 122 crores was released by the Central government for the functioning of such tribunals. Providing some figures, the affidavit stated that 100 foreign tribunals are presently working in Assam and as of October 31, 2023, more than 3.34 lakh cases have been disposed of and still 97, 714 as of October 31.

The number of cases pending before the Gauhati High Court, arising from the orders of the Foreigners Tribunal is 8,461 as of December 1, 2023, it added. The government gave details about the working of the Assam Police, fencing of borders, border patrols and other mechanisms adopted to dissuade infiltration.

It further stated that 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, specifically shares 263 kms of the International Border with Bangladesh, out of which 210 Kms is covered by the fence and the remaining non-feasible length has been covered with Technological Solutions, the affidavit added.

A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices Surya Kant, MM Sundresh, JB Pardiwala and Manoj Misra had called on the Central government to submit its response to various queries to further examine these and related issues. It had asked about the steps taken by the Central government on the administrative level to deal with illegal immigration into the territory of India, particularly North-Eastern States.

The top court was hearing a batch of pleas challenging the validity of Section 6A of the Citizenship Act, 1955, which relates to illegal immigrants in Assam. 1955. The National Register for Citizens (NRC), a list of Indian citizens containing all necessary information for their identification, was first formulated following the 1951 national census.

The Assam NRC is meant to identify illegal immigrants in the State who migrated from Bangladesh after March 25, 1971. In 1985, the Indian government and the representatives of the Assam Movement negotiated and drafted the Assam Accord and created categories of immigrants. Section 6A is a special provision which was inserted into the 1955 Act to preserve and protect the Assamese culture, heritage, linguistic and social identity.

The NRC exercise in Assam was carried out under Section 6A of the Citizenship Act, 1955, and the rules framed in the Assam Accord 1985. Section 6A of the Act was introduced to give effect to the Assam Accord. It provides the framework to recognise migrants in Assam as Indian citizens or to expel them based on the date of their migration.

The provision provides that those who have come to Assam on or after January 1, 1966, but before March 25, 1971, from specified territories, including Bangladesh in 1985, and since then are residents of Assam, must register themselves under section 18 for citizenship. Therefore, the provision fixes March 25, 1971, as the cut-off date for granting citizenship to Bangladeshi migrants in Assam. In 2013, the apex court directed the State of Assam to update the NRC.

On July 30, 2018, the final draft of the Assam NRC was released and 40.07 lakh applicants out of 3.29 crores were excluded from the NRC list, creating uncertainty about their citizenship status. Later, the apex court said that this was merely a draft NRC and no action could be taken based on it. On August 31, 2019, the final NRC list was published and 19 lakh persons were excluded.

Assam Sanmilita Mahasangha, a Guwahati-based civil society organisation along with others had challenged Section 6A way back in 2012 while arguing that Section 6A is discriminatory, arbitrary and illegal so far as it provides for different cut-off dates for regularising illegal migrants who entered Assam and the rest of India. The Bangladesh Liberation War which led to the independence of Bangladesh from Pakistan, witnessed a massive influx of migrants to India. Even prior to when Bangladesh gained independence from East Pakistan in 1971, migration had started to India.

On March 19, 1972, Bangladesh and India entered into a treaty for friendship, cooperation and peace. (ANI)

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