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The Supreme Court of India has directed the Union government to furnish comprehensive information on the...
Digital Desk: The Supreme Court of India has directed the Union government to furnish comprehensive information on the influx of undocumented immigrants into the country post-Bangladesh's formation in 1971. This directive includes seeking details on the actions taken to address this issue, especially in states adjoining the eastern neighbor. The Court emphasized that the problem of undocumented immigration raises crucial concerns beyond the constitutional aspects of the Citizenship Act’s Section 6A and impacts the entire nation by exerting pressure on resources.
Chief Justice of India Dhananjaya Y Chandrachud, leading a five-judge bench, stated that despite the focus on the constitutional challenge to Section 6A, a data-driven disclosure is essential at this stage. Section 6A, introduced in 1985, aimed to grant citizenship to individuals from erstwhile East Pakistan (now Bangladesh) settling in Assam between January 1, 1966, and March 25, 1971, provided they were identified as foreigners for citizenship registration.
The bench, comprising justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, specifically requested data on individuals identified as foreigners within the stipulated period and those granted citizenship. Additionally, it sought statistics on the functioning of foreign tribunals, pending and disposed of cases, average case disposal time, and appeals pending before the Gauhati High Court.
Furthermore, the Court demanded information from both the Union government and northeastern states, including Assam, regarding administrative measures taken to combat illegal immigration. The bench urged the submission of an affidavit by Monday, emphasizing the need for data on border fencing status and estimated completion timelines.
Solicitor-general Tushar Mehta, representing the government, acknowledged the gravity of the issue while defending the constitutional validity of Section 6A. Mehta assured the Court of the government's commitment to address the problem of illegal infiltration across porous borders.
The Court reiterated concerns over the impact of undocumented immigration, noting that it not only alters the demographic fabric of Assam but also strains the nation's resources. It emphasized the need for serious government action post-March 25, 1971, to address this pressing issue.
The article highlighted the exclusion of approximately two million individuals from the National Register of Indian Citizens (NRC) in Assam in 2018 due to an initiative to identify undocumented immigrants. Subsequently, the Citizenship (Amendment) Act (CAA) in 2019 aimed to expedite citizenship for non-Muslims from Afghanistan, Pakistan, and Bangladesh, triggering protests over alleged discrimination and the law's constitutional validity.
Despite repeated extensions to frame rules for the CAA, eligible individuals await notification to apply for Indian citizenship under this act.
The Supreme Court’s directive underscores a pivotal moment in addressing the complex issue of undocumented immigration, stressing the need for comprehensive data and concrete action to tackle this longstanding challenge impacting the nation's fabric.
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