In a detailed affidavit submitted to the Supreme Court, the Indian government acknowledged the challenges in providing accurate nationwide data on illegal immigrants, citing the clandestine nature of their entry and the ongoing complexity of their detection, detention, and deportation. This response came following a directive from a five-judge Constitution bench of the Supreme Court, led by Chief Justice of India D.Y. Chandrachud, which included Justices Surya Kant, M.M. Sundresh, J.B. Pardiwala, and Manoj Misra. The bench had sought comprehensive details from the government while hearing a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act.
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The government’s affidavit, sworn by Union Home Secretary Ajay Kumar Bhalla, stated,
“Since entry of such foreign nationals into the country is clandestine and surreptitious, it is not possible to collect accurate data of such illegal migrants living in various parts of the country.” This statement highlighted the ongoing complexity of the issue, emphasizing that “The detection, detention and deportation of such illegally staying foreign nationals is a complex, ongoing process.”
In response to the court’s queries, the affidavit provided specific data on the number of immigrants who were conferred Indian citizenship through Section 6A(2) of the Citizenship Act, 1955. This provision, introduced as part of the Assam Accord in December 1985, was designed to provide citizenship benefits to people from Bangladesh who entered India between January 1, 1966, and March 25, 1971, and were ordinarily residing in Assam.
The government informed that more than 17,000 Bangladeshi immigrants who settled in Assam during this period were granted citizenship. Additionally, it was revealed that 32,381 people were detected as foreigners by foreigner tribunals, and 17,861 got citizenship after registering with the FRRO as of October 31.
The bench had also expanded the scope of information sought by asking for data on the inflow of illegal immigrants after March 25, 1971, till date, and the steps taken to curb this problem, including fencing the international border with Bangladesh. The government’s response detailed the fencing progress, stating that of the 4,096.7 km border with Bangladesh, the feasible area for fencing is about 3,922 km, with over 81% completed. In West Bengal, the affidavit cited the state’s complex land acquisition policy as a significant factor contributing to delays in fencing completion.
The affidavit also addressed the status of foreigner tribunals (FTs) and the cases pending before them. It noted that there are 100 FTs where 97,714 cases are pending as of October 31, while 8,461 appeals against tribunal orders are pending before the Gauhati High Court.
This submission by the government to the Supreme Court underscores the multifaceted challenges India faces in managing illegal immigration, particularly in its border states, and highlights the ongoing efforts and complexities involved in addressing this critical issue.
