In 2023, an affidavit filed by home ministry in the Supreme Court, said that there are, 100 Foreign Tribunals (FTs, that decide on citizenship matters) where 97,714 cases are pending as on October 2023 while 8461 appeals against the tribunal orders are pending before the Gauhati high court. On border fencing, the Centre told the court that of the 4096.7km border with Bangladesh in five states, the feasible area for fencing about 3,922km , of which over 81% fencing is complete. Moreover, the government has indicated that it lacks precise data regarding the number of illegal migrants residing in India.
This situation is concerning, as it is widely believed that millions of illegal migrants inhabit the country (Example: Rohingyas from Myanmar), many of whom possess Indian identification documents such as Aadhar cards and ration cards, despite not being legal citizens.
It is a fact that India holds the title of the most populous nation globally, and the country grapples with challenges related to employment and the living conditions of its impoverished population, for which the government allocates substantial financial resources. However, one must consider the possibility that these government benefits may also be accessed by illegal migrants, funded by taxpayer money. In addition to the strain on public resources, this issue raises significant national security concerns and poses risks to the general populace. For instance, many of these individuals are employed in roles such as domestic help, laborers, cooks, and drivers, ragpickers—like small jobs that could be filled by unskilled Indian citizens who are also struggling economically. This situation exacerbates the existing challenges related to overpopulation and resource allocation in the country.
The process of deportation is facilitated when unauthorized migrants acknowledge their nationality as belonging to another country or when documents found in their possession indicate their foreign origin. They may be apprehended under applicable legal provisions for overstaying their visas or for entering India without proper documentation. However, the situation becomes more complex for individuals who assert their Indian identity but have been classified as "foreigners" by the relevant tribunals due to their inability to provide evidence of their Indian citizenship. Also, Bangladesh does not accept migrants unless there is substantial proof of their citizenship. Similarly, Myanmar does not recognize the Rohingya population. So, all of them happens to stay in India even after getting proven that they are foreigners.
Criteria for Declaring an Individual a Foreigner as per Assam Accord.
Unauthorized migrants are identified based on the cut-off date of March 24, 1971, established by the Assam Accord, which was signed in 1985 following the significant Assam Agitation led by the All Assam Students’ Union. According to the accord, individuals who entered Assam after March 24, 1971, are to be identified and deported. The 1951 National Register of Citizens (NRC) was revised in accordance with this March 24, 1971 cut-off date.
An example of the complexity of the issue:
In February 2025, the Supreme Court reprimanded the Assam government for its assertion that 63 individuals identified as foreigners could not be deported due to the unavailability of their addresses. The court mandated the commencement of the deportation process. However, deportation remains a multifaceted issue that extends beyond national borders.
A panel of justices, Abhay S Oka and Ujjal Bhuyan, emphasized that individuals classified as foreigners should be deported without delay and not remain indefinitely in detention centers. “Once they are determined to be foreigners, they should be deported immediately. You are aware of their citizenship status, so why wait for their address to be provided?” the justices remarked, underscoring the necessity of taking prompt action following a foreigner designation.
However, a senior official from the Assam government indicated that any deportation decision falls under the jurisdiction of the Central government. “We have already communicated with the Government of India and will do so again. We cannot carry out deportations of illegal immigrants as it is a matter handled at the Central level. Consequently, any decision regarding this issue must be made by the Government of India. If deportation occurs, it will be carried out by the BSF. Additionally, the government of Bangladesh must agree to accept the individuals we deport,” the official stated, requesting anonymity.
Conclusion
So, the issue is multilayered, the initial challenge lies in halting illegal migration, a task made difficult by the porous nature of the border and the inherent difficulties in achieving complete surveillance.
Once an immigrant has crossed the border, apprehending them presents another significant challenge, necessitating proactive law enforcement and intelligence efforts.
Then, later to prove in the court or tribunals about their citizenship, which becomes a complex process.
Finally, when an individual is determined to be an illegal migrant, repatriating them to their country of origin proves to be a formidable task. This is further complicated by allegations that numerous individuals, who are Indian citizens but lack proper documentation, have been misidentified as foreigners, raising concerns among their families and highlighting the complexity of the situation.
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