Latest news with #CitizenshipAct1955
The Wire
3 days ago
- Politics
- The Wire
SC's Refusal to Entertain Plea on Assam Govt's ‘Illegal Deportations' and What it Means
Menu हिंदी తెలుగు اردو Home Politics Economy World Security Law Science Society Culture Editor's Pick Opinion Support independent journalism. Donate Now Top Stories SC's Refusal to Entertain Plea on Assam Govt's 'Illegal Deportations' and What it Means Tarushi Aswani 39 minutes ago The petitioner claimed that the BJP government in Assam was arbitrarily ousting Indian citizens to Bangladesh without following any process under the pretext of deporting undocumented migrants. View of the Supreme Court on May 5, 2025. Photo: PTI/Kamal Kishore. 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: On June 2, the Supreme Court refused to entertain a plea filed by the All B.T.C. Minority Students' Union (ABMSU) raising concerns over the Himanta Biswa Sarma-led Assam government's 'indiscriminate' drive to 'push back' individuals who have been declared foreigners by the Foreigners Tribunals (FT) in the state. Justices Sanjay Karol and Satish Chandra Sharma dismissed the petition and suggested that the petitioner organisation approach the Gauhati high court for appropriate relief. Filed by ABMSU, a social organisation based in Assam's Bodoland, the writ petition questioned the growing pattern of deportations conducted by the Assam Police and administrative machinery through an informal mechanism of 'pushing back', without observance of the safeguards mandated by the constitution or the Supreme Court. The union has claimed that the Bharatiya Janata Party government in Assam was arbitrarily ousting Indian citizens to Bangladesh without following any process under the pretext of deporting undocumented migrants. The petition filed through advocate Adeel Ahmed says that, 'This policy of 'push back' is being executed in border districts like Dhubri, South Salmara and Goalpara – it is not only legally indefensible but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex parte or have no access to legal aid to challenge their status.' The petition also adds that such actions are in a direct conflict with the fundamental rights guaranteed under Articles 14, 21 and 22 of the constitution, and violate binding judicial precedents laid down by the Supreme Court, including the judgment in 'Re: Section 6A of the Citizenship Act 1955' case. This petition emanates from the recent rise in the number of detentions of declared foreigners in Assam since May 23. Families have claimed that they have no information on their relatives' whereabouts. Some of them have identified their missing relatives in videos from Bangladesh, alleging they were forcibly sent across the border. Take the case of Khairul Islam for instance: on May 24, Islam and eight others were picked up from different parts of Morigaon district, but family members claimed they were not told about their whereabouts. Islam, a former teacher, along with his three siblings, was declared a foreigner by the FT in 2016, against which he had approached the Gauhati high court. The high court had upheld the FT's decision, leading to Islam's detention in 2018. He was set free in 2020 following a Supreme Court general order for releasing all detainees who have spent more than two years term. On May 31, Islam, who was detained by the Assam police on the charges of being a foreigner and allegedly deported to Bangladesh, was brought back to his home in Morigaon district, an officer had said. From May 27 until the morning of May 31, Islam and the others were reported to be in no man's land, between India and Bangladesh. Such deportation drives are being undertaken as a result of the Supreme Court's recent order, the petition claims. The said order delivered in February this year, rapped the state for not initiating the process of deporting 63 individuals who have been declared foreigners by the FT on the ground that their addresses are unknown. The petition has also submitted that the said order, which pertain specifically to 63 named individuals whose nationality had been verified by the Ministry of External Affairs, is now being indiscriminately applied by the respondent state and law enforcement agencies to detain and forcibly deport several persons without due process. These include individuals not named in the Annexure to the affidavit dated February 3, 2025, and persons who have not received FT orders or have not been afforded the opportunity to challenge or review such orders. The petitioner has also submitted that 'they are in possession of credible material-including news reports, family testimonies, and field verification-indicating that numerous individuals have already been deported or are on the verge of being pushed across the international border under a purported 'push back' policy'. This policy, the petitioner has stated is being implemented in absence of any judicial oversight or constitutional safeguards, poses an imminent threat to the fundamental rights of numerous Indian citizens. In addition to this, more than 2,000 alleged illegal Bangladeshi immigrants are estimated to have been 'pushed back' across the border by Indian authorities since Operation Sindoor began in the early hours of May 7, following a nationwide verification exercise, The Indian Express has reported. Amid these 'illegal deportations' which the Supreme Court has refused to acknowledge, the UN High Commissioner for Human Rights also released a statement regarding at least 40 Rohingya refugees who were detained in New Delhi and cast into the sea by the Indian navy near the maritime border with Myanmar. The refugees, including children and women, swam for their life, but their whereabouts in Myanmar remain unknown, the agency said. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments. Make a contribution to Independent Journalism Related News Himanta Justifies Govt's Strategy of Pushing Back 'Foreigners' Into Bangladesh, Cites SC Order Assam 'Re-Arrests': NHRC Complaint, Pleas in Courts Reflect Fears of Forced Deportation India 'Pushing Back' Undocumented Bangladesh Nationals, 300 Migrants Sent Back this Month: Report Over 700 Undocumented Bangladeshi Migrants in Delhi Sent Back in Last Six Months 'Thrown Into the Sea': How India Allegedly Deported 38 Rohingya Refugees Without Due Process 'A Dharamshala?': What the SC Said While Rejecting a Sri Lankan Tamil Man's Plea Against Deportation 'Tortured Like Criminals': Rohingya Refugees Reveal Chilling Details of Police Abuse Amid Deportations Why the SC-Ordered Probe Into Assam's Fake Encounters Is Significant Amid Bangladesh's Objection, India Continues to 'Push Back' Undocumented Migrants Across Border View in Desktop Mode About Us Contact Us Support Us © Copyright. All Rights Reserved.
India.com
3 days ago
- Politics
- India.com
SC Refuses To Entertain Plea Against Assam's Indiscriminate Deportations
The Supreme Court on Monday refused to entertain a plea filed by All B.T.C. Minority Students' Union (ABMSU) raising concerns over Assam's government's 'indiscriminate' drive to detain and deport individuals suspected to be foreigners. A Bench of Justices Sanjay Karol and Satish Chandra Sharma suggested that the petitioner organisation approach the Gauhati High Court for appropriate relief. 'Please go to the Gauhati High Court. We are dismissing this (petition),' the apex court said. The writ petition filed by ABMSU, a social and students' organisation working in Assam's Bodoland, questioned the growing pattern of deportations conducted by the Assam Police and administrative machinery through informal 'push back' mechanisms, without any judicial oversight or adherence to the safeguards envisaged by the Constitution or the top court. 'This policy of 'push back'-- being executed in border districts like Dhubri, South Salmara, and Goalpara -- is not only legally indefensible, but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex parte or have no access to legal aid to challenge their status,' said the petition filed through advocate Adeel Ahmed. It added that such actions are directly contrary to the fundamental rights guaranteed under Articles 14, 21, and 22 of the Constitution, and violate binding judicial precedents laid down by the Supreme Court, including the judgment in 'Re: Section 6A of the Citizenship Act 1955' case. 'Despite these safeguards, individuals are being detained and deported without communication of Foreigners Tribunal orders, without nationality verification by the Ministry of External Affairs, and in many cases, without even being informed of their right to seek review or appeal,' contended the petition. It sought a declaration that deportation without due process, including judicial declaration, MEA verification, and exhaustion of remedies, is unconstitutional and sought remedial steps through the NHRC and legal services authorities to protect the rights of affected individuals.
The Print
26-05-2025
- Politics
- The Print
Deportations, conversions to waqf, the ever-increasing powers of district magistrates in India
'According to the MHA guidelines, we have to ascertain within 30 days whether a person claiming to belong to our district actually does,' says a district collector from a state in northern India, requesting anonymity. 'If we give a negative report or do not give a report, the person will be deported. As heads of districts, we are in the best position to ascertain a person's credentials.' The guidelines say that if a state suspects an immigrant is unauthorised, it will write to the state to which the immigrant claims to belong. If the latter state does not send a positive credential report within 30 days, the Foreigners Regional Registration Offices will deport the suspect. The authority to give the credential report lies with the magistrate of the immigrant's claimed home district. New Delhi: Earlier this month, the Ministry of Home Affairs (MHA) issued guidelines to all states and Union territories streamlining the deportation of illegal immigrants from Bangladesh and Myanmar. The collectors—indirectly empowered to ascertain whether or not a person is an Indian national—have, over the last few years, also occasionally been given the power to grant citizenship to non-Muslim minorities from Pakistan, Bangladesh, or Afghanistan under the Citizenship Act 1955. Reportedly, until 2022, the MHA had empowered 31 collectors across different states to grant non-Muslims from the three mentioned countries citizenship. These are not stray cases wherein the already vast powers of the collector or district magistrates, as they are interchangeably called, have been expanded by the Centre or the state government in recent years. From the controversial amendment to the Waqf Act allowing the DM to decide whether a disputed property is waqf, to authorising the DM to issue transgender certificates. From the amended Juvenile Justice Act under which the DM is the final approving authority for adoption, to the anti-conversion laws passed by different state governments—the collector is increasingly the arbiter in crucial matters of identity, property, and religious rights. For some serving DMs, the trend reflects the trust of the government and the public in their office, which has for decades been the lynchpin of the country's administrative system. However, for others, the powers vested with the unelected office of the collector or DM is deeply symptomatic of a continued colonial legacy, with the DM as 'a benign despot' keeping unruly Indian citizens in check. Also Read: Blackout in Bhuj, DM issues public notice for blanket ban on firecrackers Juvenile Justice Act The 2021 amendments to the Juvenile Justice (Care and Protection of Children) Act 2015 that regulates adoptions took the power of issuing adoption orders away from civil courts, giving it to the district magistrate instead. Further, the DMs were empowered to register childcare institutions and independently evaluate the functioning of district child protection units, child welfare committees, juvenile justice boards, specialised juvenile police units, etc. According to the government, the amendments ensure faster adoption. The courts took too long to issue orders. Anti-conversion laws In the last few years, many states have passed or amended anti-conversion laws, making religious conversion, even through marriage, harder by placing the burden of proof of innocence on the accused. Jharkhand, Madhya Pradesh, and Haryana passed anti-conversion laws in 2017, 2021, and 2022, respectively. While Uttar Pradesh first passed anti-conversion laws in 2021; the amendments the state introduced in 2024 made the laws stricter and more widely enforceable. Himachal Pradesh first passed anti-conversion laws in 2019 and introduced amendments in 2022 to make them more stringent. Across these states, it is mandatory for the person seeking to convert and the person carrying out the conversion ceremony to submit applications to the district magistrate. In UP, for instance, the person who wishes to convert submits two declarations to the DM—the first at least 60 days before the conversion and the second a maximum of 60 days after the conversion, and the person carrying out the conversion must inform the DM a month in advance. The DM then orders a police inquiry to ascertain the 'real intention' of the conversion. 'This gives a lot of discretionary power to the DM to approve or disapprove an application,' says advocate Anas Tanvir. 'Earlier, too, the DM needed to be informed, but now you have to make applications to the DM, effectively giving them the power to decide whether you can convert legally or not.' For instance, the Orissa Freedom of Religion Act, 1967, the first conversion law in the country, stated simply that conversion from one religion to another by 'force or inducement or by fraudulent means' would lead to punishment. However, the Arunachal Pradesh Freedom of Religion Act, 1978, which never came into force, directed intimating the DM in case of religious conversions. The Gujarat Freedom of Religion Act 2003 first introduced a clause making the DM's permission imperative. In 2006, the Chhattisgarh government passed a similar amendment to its law, making the DM's approval 30 days before conversion mandatory for any person seeking to convert. Most of the laws passed recently—starting with the Jharkhand Freedom of Religion Act 2017—follow the same template of giving increased discretionary powers to DM in matters of religious conversion. Waqf law: DM as arbiter According to the controversial Waqf Act passed by the Parliament earlier this year amid Opposition resistance, if the DM identifies any property as government land, it will cease to be waqf property till a court adjudicates and determines its status. The Supreme Court, which has been reviewing the clause specifically, indicated in April that the DM might be allowed to make inquiries. Property status, though, might be in abeyance as long as a court does not decide on the case. Moreover, if anyone declares a property as Waqf, the DM has to verify the claim under the new law. Further, the DM now has the power to oversee the surveys for Waqf land. In conflict cases, the DM will take the final call, instead of the Waqf Board. There are other examples, too. Under the Transgender Persons (Protection of Rights) Act, 2019, the DMs must issue transgender certificates to people. In Madhya Pradesh, the state government passed an order last year allowing the DMs and the divisional commissioners a say in the appraisals of the Indian Forest Service (IFS) officers serving across districts. Last week, the Supreme Court, however, quashed the order. In the latest development, the MHA has empowered the DMs to determine the identities of suspected unauthorised immigrants. Expanding powers Over the last few years, there has been a trend to rely more on collectors, said a second DM. 'In most cases, this is to increase speed and efficiency because the DM office delivers that which it has to within a stipulated period,' the DM said, requesting anonymity. 'In the JJ Act, for instance, this is done precisely because the courts would take too long, and both the child and adoptive parents would keep waiting.' The officer says that the DMs already had related existing powers in most cases, with the powers now explicitly delineated or, in some cases, enhanced to streamline decision-making. For instance, even in the case of Waqf, the collector had certain powers as ultimately it is a case of land but now has enhanced powers, the officer says. 'The trend became a bit more pronounced post-COVID, considering the enormous dependence on the DMs under the Disaster Management Act during the pandemic,' the officer adds. An officer from the Indian Forest Service (IFS) agreed that the DM's powers expanded over the last few years, but said it is only expected. 'The DM is the government in the district,' said the officer. 'Since he is the focal point of administration, he will naturally be the central authority when newer laws and regulations come in place.' 'The DM has powers in matters such as citizenship, land, revenue, elections, census—you name it. Then, it is hardly surprising that their powers increase over time,' the officer added. 'But it should not be seen as a concentration of powers in the hands of one individual because the DM office is huge; it is like an institution—it is the government in districts.' The officer is not wrong. According to the powers officially vested with the DM, they are responsible for heading the land and revenue administration and executive magistracy, the overall supervision of law and order and security, the licensing and regulation in respect of the various special laws such as arms, explosives and cinematography Acts, etc., in the district, the conduct of elections, heading disaster management, acting as guardians of public land, supervision of developmental work, food and civil supplies, and acting as the principal Census officer of the district, among many others. According to the Second Administrative Reforms Committee Report, the DM of Anantapur district in Telangana, which was mentioned as an example of the enormity of the collector's powers, chairs 50 bodies. To name only four, the Irrigation Development Board, Vigilance & Monitoring Committee on SC/ST Atrocities, District Forestry Advisory Committee, and Andhra Pradesh Water, Land & Tree Act Implementation Committee are among the bodies. 'In its interactions with some of the collectors, the commission noted that many of them were not fully aware of how many committees they are required to preside over,' notes the report, published in 2009. A colonial legacy The office of the DM is the most concrete evidence that India has not dismantled colonial administrative structures, says T.R. Raghunandan, a former IAS officer and author of Everything You Wanted To Know About Bureaucracy But Were Afraid To Ask. 'The British did not have DMs in their country. They had them in India very much as a tool for imperialism, which the Indian governments adopted post-Independence,' he says. 'This government has, of course, built upon that trend, but it is hardly new,' he says. 'For the IAS, the position of the DM is the dearest, most coveted job—it is the job that defines the IAS dream … It is precisely because of the raw power given to DMs, and that has not started with this government.' 'The thing is that everyone in this country on the Left and the Right believes that unruly Indians need to be kept at bay by a benign despot, and that is the DM,' he says. 'That is why there is such lore and mythology around the DM.' However, the one difference between this government and others is that under this government, the DMs have become tools to bypass the state government, adds Raghunandan. 'There is an increasing trend to make DMs answerable to the Centre … But even that is not new. Indira Gandhi did it very effectively, and at that time, you had over-zealous DMs using laws like preventive detention, etc., with much gusto.' 'The problem with the IAS is they are too careerist to let go of their power ever,' he says. However, a third DM, who wished to remain unnamed, contends that their powers may be increasing on paper, but on the ground, they have been marginalised gradually over the years. 'There is a big difference between being made a nodal officer for something and having actual powers,' he said. 'You might see Acts in which DMs' names feature frequently, but that in actual developmental and regulatory work, power is increasingly concentrated by the political class and the police-political nexus,' the officer said. 'We have no autonomy to envisage or execute any big project whatsoever.' 'You can say we have the power to ascertain who is an illegal migrant and who is not, but that is a miniscule fraction of the population we are talking about,' he said. 'In developmental projects and law and order, where it actually matters, we increasingly have no power.' (Edited by Madhurita Goswami) Also Read: UP has the 2nd most women DMs after Tamil Nadu. A surprise 'pink power' poster child
