Supreme Court Informed by Centre: Accurate Data on Illegal Migrants Unattainable

LI Network

Published on: December 12, 2023 at 12:40 IST

The Union Home Ministry informed the Supreme Court on Monday that obtaining precise data on the extent of illegal migration into India is impractical due to the clandestine nature of such activities.

In response to an affidavit filed in the matter of “In Re: Section 6A Citizenship Act 1955,” the government stated that 14,346 foreign nationals were deported between 2017 and 2022.

Additionally, 17,861 migrants who entered Assam between January 1966 and March 1971 were granted Indian citizenship.

The affidavit, sworn by the Union Home Secretary, emphasized the complexity of detecting and deporting illegally staying foreign nationals who enter the country without valid travel documents. The Ministry clarified that collecting accurate data on such migrants across the country is unfeasible.

The document revealed that 32,381 individuals were declared foreigners by orders of Foreigners Tribunals between 2017 and 2022. Furthermore, in the last five years, the Central government released ₹122 crores for the functioning of these tribunals.

This response comes following a Supreme Court order on December 7, where a Constitution bench headed by Chief Justice of India DY Chandrachud requested details on immigrants conferred Indian citizenship through Section 6A(2) of the Citizenship Act, 1955.

The Court sought information on the number of persons granted citizenship, foreigners detected by tribunals, estimated illegal migrant inflow, and steps taken to address illegal immigration in North-Eastern States.

The affidavit also disclosed that there are currently 100 Foreigners Tribunals functioning in Assam, having disposed of 3,34,966 cases by the end of November, with 97,714 cases pending. Additionally, there are 8,461 appeals against tribunal orders pending before the Gauhati High Court as of December 1.

Regarding the Assam-Bangladesh border, the affidavit indicated that 81.5% of fencing work in feasible areas is complete, covering a total length of 210 km.

The Supreme Court had initiated these inquiries while hearing challenges to the validity of Section 6A of the Citizenship Act, which pertains to the grant of citizenship to immigrants covered by the Assam accord.

This provision allows individuals who entered India between January 1, 1966, and March 25, 1971, and have been residing in Assam, to register as citizens. The outcome of this case holds significance for the National Register of Citizens (NRC) list.

Multiple petitions challenging the constitutionality of Section 6A have been filed before the Supreme Court, expressing concerns about its impact on illegal immigration in Assam.

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