Is Assam Ready to Use a 1950 Law for Deporting Illegal Immigrants?
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Synopsis
Guwahati's recent decision to invoke a 1950 law for rapid deportation of undocumented immigrants has stirred significant political debate. The Assam government is bypassing judicial processes, raising concerns over legal implications and minority rights.
Key Takeaways
- Assam is invoking a 1950 law to expedite deportation processes.
- Judicial processes are being bypassed under the new policy.
- Concerns regarding minority rights and harassment are significant.
- The AIUDF has raised alarms about wrongful detentions.
- Legal scrutiny over the constitutionality of the policy is expected.
Guwahati, June 7 (NationPress) In a decision that could ignite political controversy, the Assam government has opted to leverage a little-known statute from 1950 — the Immigrants (Expulsion from Assam) Order — to accelerate the removal of undocumented immigrants, circumventing the standard judicial framework.
Chief Minister Himanta Biswa Sarma revealed this change on Saturday, asserting that the process of identifying and expelling "foreigners" will now proceed more swiftly due to previous delays linked to the National Register of Citizens (NRC).
“From now on, if an individual is identified as a foreigner, we won't have to seek approval from the foreigners’ tribunal to initiate deportation,” Sarma explained.
He referred to a prior Supreme Court ruling regarding Section 6A of the Citizenship Act, which clarified that the Assam government is not required to obtain judicial consent for every deportation.
He highlighted the Immigrants Expulsion Order, established in 1950, which he stated empowers district commissioners (DCs) to issue deportation orders independently of the judiciary.
“Our legal team had not informed us about this provision earlier. We recently discovered it and are now taking it very seriously,” he remarked.
The Chief Minister confirmed that deportations have already commenced under this renewed strategy, although individuals with ongoing court cases have yet to be impacted.
This policy shift represents a significant change from the traditional procedure that involved foreigners’ tribunals — quasi-judicial entities tasked with determining the status of suspected undocumented immigrants.
Previously, individuals labeled as “foreigners” by these tribunals could appeal the decisions in the High Court and the Supreme Court.
However, this new approach has raised alarms among minority communities and political factions.
The All India United Democratic Front (AIUDF), a minority-focused opposition party, has recently appealed to Assam Governor Lakshman Prasad Acharya, asserting that there is a widespread campaign of harassment against Indian Muslims under the pretext of targeting illegal immigrants.
In a memorandum to the Governor, the party claimed that individuals, especially from the Muslim community, were being detained, interrogated, and arrested based on mere suspicion, frequently without substantial evidence or due legal process.
In many cases, detainees were released after confirming their status as Indian citizens, the AIUDF noted.
As Assam advances with the implementation of the 1950 law, legal experts and human rights advocates are anticipated to examine the constitutionality of bypassing tribunals — a move that could incite additional litigation and public discourse.
Point of View
While the Assam government's move aims to streamline the deportation process, it raises significant concerns regarding human rights and legal protections. The decision, if not managed with transparency and fairness, could alienate communities and lead to widespread distrust in the state's legal framework.
NationPress
07/06/2025
Frequently Asked Questions
What law is Assam invoking for deportations?
Assam is invoking the Immigrants (Expulsion from Assam) Order from 1950 to expedite the deportation of undocumented immigrants.
How does this change affect the deportation process?
This change allows the Assam government to bypass the usual judicial process and expedite deportations without needing tribunal approval.
What are the concerns raised by minority communities?
Minority communities have expressed fears of harassment and wrongful detention under the new policy, particularly affecting Indian Muslims.
What has been the response from political groups?
Political groups, such as the All India United Democratic Front (AIUDF), have petitioned the Governor alleging that the new approach leads to widespread harassment.
What potential legal challenges could arise from this policy?
Legal experts may challenge the constitutionality of bypassing tribunals, potentially leading to further litigation and public debate.
