Scrutinizes Citizenship Act Section 6A (Day -3)
In a pivotal development, the Supreme Court of India has issued a directive to the Union Government, seeking detailed information on the issue of illegal migration to Assam and other North-Eastern states post-March 25, 1971. This order is a significant step in the ongoing legal scrutiny of Section 6A of the Citizenship Act 1955, which was incorporated following the Assam Accord of 1985.
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The Constitution Bench handling this matter includes Chief Justice of India DY Chandrachud, along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra. The Bench’s directive underscores the Court’s commitment to addressing the complex and sensitive issue of illegal immigration with the seriousness it warrants, irrespective of its position on Section 6A.
Specifically, the Supreme Court has requested the following information:
- The number of individuals who have been granted citizenship under Section 6A(2) of the Citizenship Act, particularly those who migrated to Assam between January 1, 1966, and March 25, 1971.
- The count of foreigners detected as per the orders of the Foreigners’ Tribunals, with reference to the same period.
- An estimate of the total influx of illegal migrants into India, with a focus on Assam and the North-Eastern states.
- Detailed data regarding persons alleged to have entered India post-March 25, 1971, including the total number of Foreigners’ Tribunals set up by the Central Government, the total number of cases they have disposed of, the number of cases still pending, the average time taken for the disposal of these cases, and the number of cases currently pending before the Guwahati High Court.
- The steps undertaken by the Central Government at an administrative level to combat illegal immigration, including the progress and projected timelines for border fencing.
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The Court has stipulated that the required affidavit should be filed before the next Monday. In instances where specific data is required from the state government, the State of Assam is expected to collaborate, leading to a joint affidavit to be filed by the State of Assam and the Union of India.
The backdrop of this directive is the historical context of March 25, 1971, marking the start of the Bangladesh Liberation War. Section 6A of the Citizenship Act provides a pathway for Indian citizenship to those who migrated from present-day Bangladesh to Assam between January 1, 1966, and March 25, 1971. However, individuals who migrated after this cut-off date are not eligible for Indian citizenship and are deemed foreigners, subject to deportation. The role of Foreigners’ Tribunals is pivotal in this context, as they are tasked with determining whether individuals are illegal migrants or Indian citizens based on the cut-off date of March 25, 1971.
The ongoing hearing, which is currently in its third day, involves challenges raised by indigenous groups of Assam against Section 6A, particularly concerning its provision allowing migrants who entered Assam within the specified period to seek Indian citizenship. This hearing is a critical juncture in the long-standing debate over illegal migration and citizenship rights in the North-Eastern region of India, highlighting the intricate balance between national security, demographic concerns, and human rights.
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