There is said to be major racket at the borders of West Bengal and Assam with Bangladesh which provides illegal migrants with identity cards. Hyderabad with a considerable presence of the Muslim population in South India has become an ideal destination for many Rohingyas and Bangladeshi immigrants. The vote bank politics has to lead to such a situation that there is a growing population of immigrants every year who are employed as daily wage workers. These immigrants easily manage to get voter ID cards and Aadhar cards as well.
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Areas near the old city like Balapur , Chandrayangutta , Shalibanda , and Barkas in the old city of Hyderabad a have huge population of immigrants. In , a Supreme Court bench ruled Illegal Migrants Determination by Tribunal Act IMDT as unconstitutional while,  with reference to the Sinha Report ,  maintained that the impact of the "aggression" represented by large-scale illegal migration from Bangladesh had made the life of the people of Assam especially one of seven sisters which is Tripura the land of Tiprasa "wholly insecure and the panic generated thereby had created fear psychosis" in other north-eastern States.
The High Court ruled that the illegal Bangladeshi immigrants "pose a danger to India's internal security". Apart from immigrants, a large number smugglers regularly cross the porous border along West Bengal into India.
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Data Highlights: Migration Tables. Retrieved 7 June Strategic Analysis, January—March Retrieved 26 August One India, 27 March Archived from the original on 20 March Census India. Archived from the original PDF on 22 July Retrieved Hindustan Times. Archived from the original on January 3, Archived from the original PDF on The Financial Express. The Times of India. Syam Roy 28 September The Statesman. Archived from the original on 10 September Registrar General and Census Commissioner of India. Retrieved 20 December Section 5 provides for establishment of Illegal Migrants Determination Tribunals.
Only a person who has been a District Judge or Additional District Judge is eligible for becoming a member of the Tribunal and each Tribunal has to consist of two members. Section 9 gives the powers of the Tribunal. Section 15 provides for establishment of an Appellate Tribunal which shall consist of not less than two and not more than six members as the Central Government may think fit and only a person who is or has been a Judge of the High Court is eligible to be appointed as member thereof.
The Appellate Tribunal shall function in benches consisting of not less than two members. The Memorandum of Appeal shall be accompanied by such fee not being less than Rs. Section 21A provides that it shall be lawful for the police officer not below the rank of Superintendent of Police, if he is satisfied that the circumstances so require, and for reasons to be recorded in writing direct any person against whom a reference or an application has been made under this Act to enter into a bond with or without sureties for making himself available for inquiry.
Section 25 provides that any person who contravenes or attempts to contravene or fails to comply with any order or direction given under Section 20 or harbours any such person shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, which shall not be less than two thousand rupees.
The proviso to the Section empowers the Court to impose lesser sentence or fine for adequate and special reasons.
Rule 2 ii defines a "competent authority" which means the Central Government and includes, where a State Government or any officer subordinate to Central Government or a State Government is empowered by notification under Section 21 to exercise and discharge the powers and duties of the Central Government under Section 8 1 and Section 8-A 1 , such State Government or officer.
Rule 3 requires that for the purpose of making the reference in relation to any person under Section 8 1 or Section 8-A 1 to the Tribunal, the competent authority seized of the matter shall require the Superintendent of Police to direct an officer not below the rank of a Sub-Inspector of Police to make an inquiry.
Rules 4 to 7 lay down that the inquiry officer who has been directed to make an inquiry shall call upon that person alleged illegal migrant to give information as regards the particulars mentioned in Form-I. He may elicit information from any other person who may be acquainted with the facts and circumstances of the case. The details of the inquiry have to be entered day by day in a diary kept for the purpose setting forth the time at which any information reached him, the time at which he began and closed his enquiry and the place or places visited by him and the statement of the circumstances ascertained through such enquiry and then he has to submit a report, in Form-II with the diary, to the immediate superior officer who shall endorse the comments thereon and submit it to the Screening Committee.
Rule 8 provides for constitution of a Screening Committee at every sub-divisional level where the Tribunals are established and shall consist of two members, one of whom shall be Sub-divisional Magistrate and other a police officer not below the rank of a Deputy Superintendent of Police in the sub-division concerned. The Screening Committee after scrutiny of the information contained in Form II has to then make its recommendations to the Superintendent of Police as to whether the person mentioned in the report is or is not an illegal migrant.
Rule 9 provides that if on recommendations of the Screening Committee and such further information as the competent authority may call for, it appears to that authority that the question arises as to whether any person is or is not an illegal migrant, that authority shall make a reference to the Tribunal for its decision thereon, along with the diary, report of inquiry officer containing the endorsement of his immediate superior officer, recommendation of the Screening Committee and any other further information.
So a discretion has been conferred upon the Competent Authority whether to make a reference to the Tribunal or not. If the Competent Authority chooses not to make a reference, there is no right of appeal and the alleged illegal migrant remains untouched. He can then safely reside in Assam.
Rule 13 provides that the Superintendent of Police shall, as far as may be, follow the procedure as specified in Rules 3 to 8 while making an inquiry in respect of a notice issued to him by the Tribunal under Section 11 1.
Bengali Muslims who migrated to Assam in 1871 are not 'illegal Bangladeshis'
Rules 14 to 19 lay down the procedure for filing appeals to the Appellate Tribunal which has to be in Form IV, the fee to be paid and also the contents of the Memorandum of Appeal etc. The Rules, thus, contain a very stringent and time consuming procedure for holding of preliminary enquiry. In view of Section 3 1 c of the IMDT Act, an illegal migrant is a person with respect to whom all the three conditions, namely, i has entered India on or after 25th March, ; ii is a foreigner which means he is not a citizen of India; and iii has entered India without being in possession of a valid passport or other travel documents or any other lawful authority in this behalf, are satisfied.
Therefore, if a foreigner has entered India on or after 25th March, , he would be dealt with under the IMDT Act, while as a foreigner who has entered any part of India including Assam before 25th March, , would be dealt with under the Foreigners Act. Section 8 1 confers power on the Central Government to make a reference for its decision to the Tribunal whether any person is an illegal migrant or not. This reference can also be made on a representation made by an illegal migrant against any order passed against him under the Foreigners Act not to remain in India.
This provision gives special advantage to an illegal migrant in Assam, which is not available to any foreigner in rest of India. Section 8 2 provides that any person may make an application to the Tribunal whether any person whose name is given in the application is or is not an illegal migrant but the proviso to this sub-section imposes a restriction that such an application can be given only by a person who lives within the jurisdiction of the same police station in which the alleged illegal migrant is found or resides.
Section 8 3 imposes some further conditions and restrictions, namely, that the application shall be accompanied by affidavits sworn by not less than two persons residing within the jurisdiction of the same police station in which the alleged illegal migrant is found or is residing and a Court Fee of Rs. Section 8-A lays down that any person may make an application to the Central Government for decision by a Tribunal as to whether the person whose name and other particulars are given in the application is or is not an illegal migrant.
In view of sub-section 2 of this Section, the application has to be accompanied by a declaration by another person residing within the jurisdiction of the same revenue sub-division in which the applicant resides and further conditions are imposed that no person shall make more than ten such applications or more than ten such declarations.
The Central Government may, after making such inquiry, as it deems fit, reject the application on the ground that it is frivolous or vexatious. In view of the language used in Section 14 there is no right of appeal against such an order as right of appeal is conferred only against an order passed by the Tribunal under Section The order of rejection of the application will enure to the benefit of the alleged illegal migrant and there being no right of appeal it will attain finality making him safe and secure. If the Central Government makes a reference it will only initiate the proceedings before the Tribunal causing no immediate prejudice to the illegal migrant and if the Tribunal ultimately holds against him, he will have a right of appeal to the Appellate Tribunal.
It is very important to note here that IMDT Act does not contain any provision similar to Section 9 of the Foreigners Act, regarding burden of proof.
Assam's updated National Register of Citizens (NRC) and its implication
On the contrary it is conspicuously silent about it. In such circumstances a very heavy burden is cast upon the authorities of the State or the applicant to establish that a person is an illegal migrant as defined in Section 3 1 c of IMDT Act and is liable for deportation. Rule 4 requires an inquiry officer to elicit information and particulars from the alleged illegal migrant on the points mentioned in Form I. Item No. It is elementary that a person who has illegally come from Bangladesh to India and is residing here for his better economic prospects or employment etc.
There is no question of his telling his date of entry or giving any information on the aforesaid points. Curiously enough Column No. The contents of the application form III have to be affirmed by the applicant that what is stated in the application is true to the best of his information and belief. The application to the Central Government has to be made in Form V which contains a similar Column 6 with two further additions, namely;.
In Column 7 the applicant has to give details of a documentary; and b oral evidence in his possession. The application has to be affirmed that the facts stated are true to the best of his information and belief and that he has not made more than 10 such applications. It contains a further clause to the following effect :. To give the exact date of entry into India of a Bangladeshi national, who has illegally and surreptitiously crossed the international border, is not only difficult but virtuously impossible.
A citizen doing his duty towards nation of pointing out the presence of a Bangladeshi national to the authorities of the State is put under threat of criminal prosecution, if the contents of the application are found to be false. This is bound to have a cascading effect on citizens who will prefer to remain a quiet spectator to the continued influx of illegal migrants from Bangladesh rather than to take initiative in their detection or deportation.
follow site The analysis of the provisions of IMDT Act and the Rules made thereunder clearly demonstrate that the provisions thereof are very stringent as compared to the provisions of Foreigners Act, or Foreigners Tribunals Order, , in the matter of detection and deportation of illegal migrants. It is far more easier to secure conviction of a person in a criminal trial where he may be awarded a capital punishment or imprisonment for life than to establish that a person is an illegal migrant on account of extremely difficult, cumbersome and time consuming procedure laid down in the IMDT Act and the Rules made thereunder.
The Act does not contain any provision for constitution of a screening committee which has been done under the Rules and has been conferred a very wide power of rejecting complaints against which no appeal lies. The figures supplied in the initial affidavit filed by the State of Assam show that more than eighty five per cent enquiries initiated were rejected and no reference was made to the Tribunal.