With Partition-era law, Assam gives ‘illegal migrants’ 10 days to prove Indian citizenship

Those suspected of being illegal migrants in Assam will get only 10 days to prove they are Indian citizens. And if they fail to do so, they will be expelled within 24 hours.

This is the new “standard operating procedure” approved by the Assam cabinet on September 9 under the Immigrants (Expulsion from Assam) Act, 1950.

Critics say the state government is using the 1950 law, which was created specifically to deal with post-partition migration, to summarily deport people without giving them an opportunity for legal recourse.

Until now, the state police brought cases against suspected illegal migrants to foreigners’ tribunals, which are quasi-judicial bodies unique to Assam that adjudicate citizenship matters. Although the tribunals are infamous for passing arbitrary orders declaring people to be foreigners without even hearing them, aggrieved individuals could appeal against the orders in the higher courts, which often struck them down.

Additionally, Assam followed the Central government’s deportation rules which mandate that the nationality of a suspected foreigner be verified with their presumed country of origin before they are deported.

The first sign that the state was bypassing this established process came in May when Assam Police began to detain those declared foreigners by the tribunals, including those who had appeals pending...

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