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The Wire
2 days ago
- Politics
- The Wire
Assam ‘Re-Arrests': NHRC Complaint, Pleas in Courts Reflect Fears of Forced Deportation
New Delhi: A Gauhati high court lawyer has filed an urgent complaint with the National Human Rights Commission, noting that Indian citizens and declared foreigners who had been released earlier are being re-arrested and detained, and facing the threat of forced deportation. Advocate A. Wadud Aman said in his complaint that the re-arrested and detained individuals had not violated any conditions of their release, but were still picked up by the Assam Police. 'Shockingly, these individuals are now being re-arrested and detained again as of 23.05.2025, without any fresh violation or breach to the Supreme Court's conditions for release, and now are being forcibly deported — 14 such people have been pushed to No Man's Land between India and Bangladesh — in complete disregard of the Constitution of India and international human rights norms,' Wadud says in his complaint. The advocate has asked the NHRC to take suo motu cognisance of the 'arbitrary re-arrest and detention', seek a status report from the chief secretary of the Assam government and the Director General of Assam Police and intervene to prevent forced deportation. It also asks the commission to direct the state government to immediately release the re-arrested individuals, recommend the formulation of a humane and transparent policy for cases of disputed citizenship, as well as suggest compensation and rehabilitation for those who had already endured prolonged unlawful detention and were forced into it yet again. The intervention has, as per the complaint, been sought 'in the interest of justice, liberty, and constitutional dignity of those who have long suffered the indignity of statelessness, and are now being subjected to further inhuman treatment.' The complaint notes that the detainees who had previously been released on the basis of Supreme Court orders from 2019 and 2020 had 'complied scrupulously with the conditions of release, including periodic appearances before police stations, and resided with their family members and community in India.' The actions of the state, therefore it says, are violative of Articles 21 (right to life and liberty), 14 (right to equality before law and non arbitrariness in state action) and 22 (protection from arbitrary arrest) of the Indian constitution. It also points out that Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stipulates that bail once granted cannot be set aside unless specific orders of violation are shown and fresh proceedings are initiated. Finally, the complainant argues that forced deportation without exhausting all remedies under the Foreigners Act 1946 and the Citizenship Act, 1955, and without any hearing, amounts to refoulement, which is prohibited under customary international human rights law. This includes the International Covenant on Civil and Political Rights (ICCPR), to which India is party. Speaking to The Wire , Wadud said: 'We are approaching almost every forum, I have sent a contempt notice to Superintendent of Police, Dhubri. We have also filed a petition before the Gauhati high court and an Article 32 petition before the Supreme Court.' The NHRC is yet to reply or take cognisance of their petition. Wadud added. But, he said: 'we will do everything permissible within the ambit of law to uphold the due process of law.' A tale of two brothers Meanwhile, the Gauhati high court, on May 29, asked the Assam government to apprise them of the whereabouts of two brothers who too have been caught up in this swirl of repeated-detention. The duo – according to a petition filed by their nephew – are labourers hailing from an economically disadvantaged background. They were declared foreigners by a tribunal in 2017 but were released after over two years of incarceration, pursuant to orders on the top court. 'Despite their compliance of the bail conditions, the detenues were (re)detained on 25.05.2025 and apparently sent to the Matia Transit Camp,' the petition says. It also argues that they simply need time to challenge the opinion that had deemed them foreigner and requests the court to ensure that no coercive action is taken until they have had the opportunity to challenge the opinion. 'The petitioner has reasonable apprehension that his uncles, the detenues namely Abu Bakkar Siddik and Akbar Ali, will be pushed against their will into Bangladesh,' the petition further adds. 'During the hearing the state counsel admitted that Saddik and Ali have indeed been detained and are now in the custody of Assam Border Police,' Wadud, who is representing the petitioner, told The Wire. The next hearing is slated to take place on June 4, during which as per the court order, the standing counsel for foreigner tribunal matters 'shall obtain instruction as to the status of the said two uncles of the petitioner including where they are currently lodged.' Meanwhile, a habeus corpus petition filed in the Supreme Court, notes that the petitioner's mother was abruptly called to a police station on the morning of May 24, and has since been inaccessible. It requests the court to enable the detenu's release and to protect her from ' the real and imminent apprehension of expulsion and 'push back' operations in Assam'. Prior to her earlier release in 2019, the mother had already completed three years in detention. Her determination as a foreigner on merits is also pending adjudication at the Supreme Court, which had admitted her plea in 2017. Assam government and a 'new' phenomenon? On May 10, Assam chief minister Himanta Biswa Sarma said 'infiltration is a big issue ' and announced the state government's decision to 'not go through the legal process'. He added: 'Earlier, the approach was to arrest individuals and bring them under the Indian legal system…We have now decided we will not bring them inside the country. We will push them back. Pushing them back is a new phenomenon…' According to Sarma, many who were formerly detained at the Matia transit centre in Assam's Goalpara, including declared foreigners who had served their sentences and the Rohingya, have already been 'pushed back'. This is why, as per him, the number of detainees at Matia had dwindled from 270 to a reported 30-40. The petition by Wadud at the Gujarat high court, however, noted: 'In a process of regular deportation, foreigners are handed over to the authorities of the receiving country. ln pushback, however, individuals are simply pushed to the border. It is an inherently dangerous and life threatening process.' Meanwhile, Supreme Court senior advocate Sanjay Hegde told The Wire that 'the mere inability of somebody to conclusively prove Indian citizenship before an Indian tribunal does not automatically make the person a citizen of another country, to which the person can be deported.' 'You can deport people to a country which is willing to receive them. But right now it does not appear that Bangladesh is willing to do so,' he added. Hegde also pointed out that the concept of 'pushback' is only applicable when you 'catch people at a border before they enter and you are pushing them back.' 'It does not apply to throwing people across the border like unwanted garbage.' On May 27, according to media reports , at least 14 alleged illegal immigrants were picked up from their homes, taken to the detention camp at Matia and subsequently pushed across the India-Bangladesh border. According to Deccan Herald, they remained stranded on the zero-line for hours as the Border Guards Bangladesh denied them entry. Subsequently, however, they were reportedly allowed to shelter in a nearby camp. On the same day, the BSF released a statement saying that it had 'successfully thwarted an infiltration attempt by a large group of Bangladeshi nationals from the Indo-Bangladesh Boundary in South Salmara Mankachar district, Assam'.
Global News
5 days ago
- Politics
- Global News
B.C. couple says red tape preventing them from returning to Canada with adopted children
A couple from Cawston, B.C., says government red tape is preventing their family from coming home to Canada. 'When you are stuck in a place that you don't want to be and you are not allowed to go home, you do feel like a prisoner,' said Jim Bodden. Bodden and his wife Melissa are in Cancun. Mexico, desperately waiting to be given the green light to fly home with their newly-adopted children. 'There's like anger, frustration. There is just stress, like so much stress,' Melissa said. Six months ago the couple adopted four children in Mexico but they can't bring them home until Immigration Canada issues the children their visas. 'They say they have everything they need and we are still stuck here in limbo waiting to hear anything,' Melissa said. Story continues below advertisement The Boddens said what's adding to their frustration is that they went through the rigorous Hague Convention process, which protects children involved in intercountry adoptions. 'Everything was done legally and safely,' Jim Said. 'It should be streamlined once we get to the Immigration Canada side of things.' Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy The uncertainty has had the family of six jumping from one short term rental to another in Mexico over the last few months not knowing how long they need to secure accommodation for, all while their income back home takes a big hit having to curtail operations on their farm. 'Our income from farming is greatly affected this year, as well as not being home and not able to produce products to sell,' Jim said. 2:04 Quebec immigration minister hopes Ottawa will deliver on promise to cut immigration influx Immigration Canada said it cannot comment on individual cases due to privacy legislation. Story continues below advertisement In an email to Global News, however, it stated, 'The processing of citizenship grant applications for adopted persons under 5.1 of the Citizenship Act is completed in two parts.' Part 1 confirms that at least one adoptive parent is a Canadian citizen and is eligible to pass down their Canadian citizenship to an adopted person(s). The current processing time for Part 1 is approximately seven months, provided all required documents are received. Part 2 is an assessment of whether the adoption meets the requirements of section 5.1 of the Citizenship Act such as, but not limited to verifying that the adoption complies with the laws of both Canada and the country where it took place, that the adoption is in the best interests of the child and that a genuine parent-child relationship exists. The processing time for Part 2 is typically two years or longer. 'To have Canadian citizens stuck out of country because they won't sign off on their children, who were legally adopted, and the Province of BC has already approved the adoption, this is pretty unacceptable,' Melissa said. The couple told Global News they now have three lawyers working to push the case through.
The Wire
22-05-2025
- Politics
- The Wire
Modi Govt Revoked 57 OCI Cards in 2024, Nearly Half of All Cancellations in 10 Years: Report
Raphael Satter, Nitisha Kaul and Ashok Swain. Illustration via Canva Real journalism holds power accountable Since 2015, The Wire has done just that. But we can continue only with your support. Contribute Now New Delhi: Cancellation of Overseas Citizenship of India (OCI) registrations spiked in 2024 with the Union home ministry cancelling as many as 57 OCI cards in 2024 alone. The cancellations in 2024 were nearly half the total number of OCI cancellations in the past decade, data obtained by The Hindu under the Right to Information Act shows. The Union government revoked the OCI status of individuals under Section 7D of the Citizenship Act, 1955. The section states that the Union government may cancel OCI registration on the following grounds: the registration as an Overseas Citizen of India Cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law established; or the Overseas Citizen of India Cardholder has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; Between 2014-2023, the Union government cancelled 122 OCI registrations under section 7D; 57 in 2024 and 15 in 2025 as of May 19, the report said. Earlier this week, Nitasha Kaul, a London-based academic who has been critical of the Modi government, said that the latter revoked her OCI status. 'Through your numerous inimical writings, speeches, and journalistic activities at various international forums and on social media platforms, you regularly target India and its institutions on the matters of India's sovereignty,' the Union government's notice to Kaul said. She has called the move a 'vindictive' and 'cruel' example of 'transnational repression'. Watch | My OCI was Cancelled Twice by the Government and Restored Both Times by the Courts: Ashok Swain OCI status grants foreign nationals of Indian provenance certain benefits, including a 'multiple-entry, multi-purpose lifelong visa to visit India'. It has been noted that the Modi government has revoked the OCI status of various critics over the last few years. In 2021, the Union government introduced an additional permit that journalists, missionaries and mountaineers require alongside their OCI registration. There have been several notable OCI cancellations including that of French journalist Vanessa Dougnac (2024), Sweden-based academic Ashok Swain (2023) and American journalist Raphael Satter (2023). In the case of Dougnac and Swain, the court set aside the government's decision and asked the government reinstate their OCI status. Satter's case is being heard in the court.
The Hindu
21-05-2025
- Politics
- The Hindu
194 OCI registrations cancelled under citizenship law since 2014: RTI
The Ministry of Home Affairs (MHA) cancelled 57 Overseas Citizenship of India (OCI) registrations under Section 7D of the Citizenship Act, 1955, in 2024, which was nearly half the number of cancellations in the previous 10 years, according to data obtained by The Hindu under the Right to Information Act. The MHA executed the cancellations under Section 7D 122 times from 2014 to 2023 (decadal data until mid-2023 was first reported that year by legal news portal Article 14), 57 times in 2024, and fifteen times until May 19 this year. British academic Nitasha Kaul received a notice about the cancellation of her OCI registration under Section 7D this month. 'Through your numerous inimical writings, speeches, and journalistic activities at various international forums and on social media platforms, you regularly target India and its institutions on the matters of India's sovereignty,' stated the Union government's notice to Ms. Kaul. The academic has called the move a 'vindictive, cruel example of transnational repression' while accusing the Central government of 'targeting' her for her views. Under Section 7D, the Union government can issue notice to an OCI holder and cancel their registration, essentially barring them from entering India, on any of the these four grounds: the use of fraudulent means to obtain the OCI, withholding of information, displaying 'disaffection' with the Constitution, and aiding an 'enemy' during a war. OCI is the Indian response to demands for recognition of dual nationality, and OCI card holders, typically people of Indian descent who no longer live in the country or foreign nationals married to Indians, have historically been able to travel freely within India and work in the country, with the caveat that they cannot vote or own agricultural land. OCI cancellations have spiked in recent years. Some of the people whose registrations were cancelled have linked the actions with their political views and dissent. In 2021, the Union government added further restrictions on OCI registrations by requiring an additional permit from the MHA for journalists, missionaries, and mountaineers. French journalist Vanessa Dougnac's registration was cancelled in 2024, but she was reissued the card in March this year. The OCI registration of Sweden-based academic Ashok Swain was cancelled in 2023. He alleged that he was being 'witch-hunted' for his views on the 'political dispensation of the current government'. The Delhi High Court cancelled the order revoking his OCI in March while allowing the government to restart the process. U.S. journalist Raphael Satter, working for the newswire agency Reuters, similarly had his OCI registration revoked in 2023. Mr. Satter approached the Delhi High Court against it this March. The court has issued a notice to the Union government. The case has been scheduled for Thursday.
Indian Express
19-05-2025
- Business
- Indian Express
User-friendly interface, seamless registration: Shah launches revamped OCI portal
UNION HOME Minister Amit Shah on Monday launched the revamped Overseas Citizen of India (OCI) portal and said its updated user interface will simplify the registration process for overseas citizens. Shah said under the leadership of Prime Minister Narendra Modi, India is continuously striving to provide world-class immigration facilities to its OCI cardholders. He stressed that many Indian-origin citizens reside in various countries worldwide, 'and we must ensure they face no inconvenience when visiting or staying in India'. 'The new portal will provide enhanced functionality, advanced security and a user-friendly experience for the existing over five million OCI cardholders and new users. The new OCI portal is available at the existing URL: a MHA spokesperson said. According to the MHA, the OCI scheme was introduced through an amendment to the Citizenship Act, 1955, in 2005. 'The scheme provides for the registration of Persons of Indian Origin as Overseas Citizens of India, provided they were citizens of India on or after January 26, 1950, or were eligible to become citizens on that date. However, individuals who are or had been or whose parents or grandparents or great grandparents are citizens of Pakistan or Bangladesh are not eligible,' the spokesperson said. 'The existing OCI services portal was developed in 2013 and is currently operational in over 180 Indian missions abroad as well as 12 Foreigners Regional Registration Offices (FRROs), processing approximately 2,000 applications per day. Given the significant technological advancements over the past decade and the feedback received from OCI cardholders, a revamped portal has been developed to address the existing limitations and enhance user experience,' the spokesperson said. Explaining some of the key user-friendly features of the new OCI portal, the spokesperson said it has a user sign-up and segregation of registration menu, auto-fill of user profile details in registration forms, dashboard displaying completed and partially filled applications, integrated online payment gateway for those who filed in FRROs. 'It also has seamless navigation across application steps, categorisation of requisite documents to upload based on application type, editing option to the applicant at any stage before submission, integrated FAQ in the portal, reminder to the applicant to verify information before final submission, display of eligibility criteria and requisite documents based on selected application type, in-built image cropping tool for uploading applicant photos and signatures,' the spokesperson said. Mahender Singh Manral is an Assistant Editor with the national bureau of The Indian Express. He is known for his impactful and breaking stories. He covers the Ministry of Home Affairs, Investigative Agencies, National Investigative Agency, Central Bureau of Investigation, Law Enforcement Agencies, Paramilitary Forces, and internal security. Prior to this, Manral had extensively reported on city-based crime stories along with that he also covered the anti-corruption branch of the Delhi government for a decade. He is known for his knack for News and a detailed understanding of stories. He also worked with Mail Today as a senior correspondent for eleven months. He has also worked with The Pioneer for two years where he was exclusively covering crime beat. During his initial days of the career he also worked with The Statesman newspaper in the national capital, where he was entrusted with beats like crime, education, and the Delhi Jal Board. A graduate in Mass Communication, Manral is always in search of stories that impact lives. ... Read More
