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Key Points

Assam's Chief Minister Himanta Biswa Sarma has announced a controversial new approach to immigrant deportation using a decades-old law. The strategy bypasses traditional judicial processes by empowering district commissioners to directly issue deportation orders. This move has raised significant concerns among minority communities, particularly Muslims, who fear potential harassment. Legal experts and human rights advocates are expected to closely examine the constitutional implications of this policy shift.

Key Points: Himanta Sarma's Bold Move to Deport Immigrants via 1950 Law

  • Assam uses 1950 Immigrants Expulsion Order to accelerate immigrant deportations
  • District commissioners granted direct deportation powers
  • Move sparks concerns among minority communities
  • Supreme Court previously clarified deportation procedures
2 min read

Assam to use 1950 law to expedite deportation of illegal immigrants

Assam government invokes 1950 law to fast-track deportation of illegal immigrants, bypassing judicial process amid political controversy

"We recently became aware of it, and we are now taking it seriously - Himanta Biswa Sarma"

Guwahati, June 7

In a move likely to spark a political uproar, the Assam government has decided to invoke a little-known law from 1950 -- the Immigrants (Expulsion from Assam) Order -- to fast-track the deportation of undocumented immigrants, bypassing the usual judicial process.

Chief Minister Himanta Biswa Sarma announced the shift on Saturday, stating that the identification and removal of "foreigners" would now proceed at a faster pace after slowing down due to complications surrounding the National Register of Citizens (NRC).

"This time, if someone is identified as a foreigner, we will not have to approach the foreigners' tribunal to initiate a pushback," Sarma said.

Referring to a previous Supreme Court hearing on Section 6A of the Citizenship Act, he added that the court had clarified the Assam government is not obligated to seek judicial approval for every deportation.

He pointed to the Immigrants Expulsion Order, enacted in 1950, which he claimed grants district commissioners (DCs) the authority to issue deportation orders without judicial intervention.

"Our lawyers had not informed us about this provision earlier. We recently became aware of it, and we are now taking it seriously," he said.

The Chief Minister confirmed that deportations have already begun under the renewed approach, though individuals with pending cases in court have not yet been affected.

The move marks a departure from the long-standing process involving foreigners' tribunals -- quasi-judicial bodies responsible for determining the status of suspected undocumented immigrants.

Until now, individuals declared as "foreigners" by the tribunals had the right to challenge the verdict in the High Court and the Supreme Court.

However, the policy shift has triggered concern among minority communities and political groups.

The All India United Democratic Front (AIUDF), a minority-based opposition party, recently petitioned Assam Governor Lakshman Prasad Acharya, alleging widespread harassment of Indian Muslims under the guise of targeting illegal immigrants.

In a memorandum submitted to the Governor, the party claimed individuals, particularly from the Muslim community, were being detained, interrogated, and even arrested based on mere suspicion, often without credible evidence or due legal process.

In several instances, detainees were later released after being confirmed as Indian citizens, the AIUDF noted.

As Assam moves forward with implementing the 1950 law, legal experts and human rights advocates are expected to scrutinise the constitutionality of bypassing tribunals -- a move that could open up a fresh round of litigation and public debate.

- IANS

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Reader Comments

R
Rajesh K.
Finally some strong action! For decades illegal immigration has been changing Assam's demographics. We need to protect our borders and culture. But authorities must ensure genuine Indian citizens aren't harassed in the process. 🇮🇳
P
Priya M.
Using a 1950 law in 2023? This seems legally questionable. While illegal immigration is a serious issue, bypassing judicial process sets a dangerous precedent. What safeguards are in place to prevent misuse? The government must answer these concerns.
A
Arjun S.
As someone from Assam, I've seen firsthand how illegal immigration affects local communities. Jobs, resources, land - everything gets strained. But the process must be fair and transparent. No room for errors when people's citizenship is at stake!
S
Sunita R.
Why did it take 70+ years to implement this law properly? 🤔 Better late than never I guess. But the timing seems political. Hope this isn't just another drama before elections. We need permanent solutions, not temporary actions.
V
Vikram J.
The Bangladesh border needs to be completely sealed first. What's the point of deporting when more can come in easily? Fix the root problem. More BSF, better fencing, and technology surveillance should be priority number one.
N
Neha P.
My concern is about the human cost. There are reports of families being separated, genuine citizens being harassed. The government must have a foolproof verification system before taking such drastic measures. Compassion is important too.
A
Amit D.
This is long overdue! Look at what

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