While the Supreme Court’s last order rightly observed that “indefinite detention in detention camps violates basic rights”, including the Right to Life under Article 21 of the Constitution and India’s obligations under international human rights law, by explicitly eschewing lack of process, the proceedings have been quoted for this hostile action by the state government.

As a result, the Assam Government has adopted an arbitrary “push –back” policy in the state. On  June 11, 2025 the Chief Minister of the state, Himanta Biswa Sharma went several steps further and defiantly announced that persons suspected to be illegal immigrants could be deported to Bangladesh even if their names appear in the National Register of Citizens (NRC).

On May 25, Manowara Begum, was detained by the Dhubri Police station, even though the petition for determination of her citizenship is pending before the Supreme Court. Further, on May 24, Khairul Islam and 8 others were picked up and detained by the Assam Police on charges of being a foreigner. These are some of the several cases of detentions and deportations being conducted without following due process.

Details of court proceedings in several of these matters, some supported by the Citizens for Justice and Peace may be read here, here and here and here.

The All BTC Minority Students Union (ABMSU) had filed a petition against this “push-back” policy directly in the Supreme Court on June 2, 2025 which was declined.

This short piece examines the ongoing deportation campaign that amounts to a grave violation of constitutionally guaranteed rights, including the Right to Life and Personal Liberty under Article 21 and the Right to Equality under Article 14, in addition to breaching India’s international obligations under human rights law.

The functioning of Foreigner Tribunals

The current deportations target people who have been declared as Foreign Nationals and detained by one of the many FTs established in Assam. It therefore becomes essential to examine the functioning of these tribunals. FTs are quasi-judicial bodies which have been long criticized for arbitrary rulings, lack of independence, and procedural lapses.

As per the Foreigners (Tribunal) Order, 1964, the Central Government appoints the presiding members of the tribunal. They government also determines the terms of service including salary, term, etc. These powers have now been delegated to the State government in accordance to the Foreigners Act, 1946. This clearly shows executive overreach and violates of the principle of separation of powers.

Additionally, the tribunals put the onus on suspected people to prove their citizenship. An article by the caravan highlights the arbitrary procedure followed by FTs including the suspects not being provided with legal aid, the proceedings being held in private and opportunity to cross-examine the inspecting officer being denied. Further, ex-parte orders are routinely passed by these tribunals.

These practices violate Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which prohibits arbitrary arrest and detention, and Article 14 of the ICCPR, which guarantees the Right to a fair trial. Additionally, the United Nations Working Group on Arbitrary Detention has affirmed that any deprivation of liberty resulting from an unfair trial falls within Category III of its classification and is, by definition, arbitrary.

They also constitute a clear breach of Article 21 of the Indian Constitution, which safeguards the right to life and liberty. Moreover, Article 22 provides safeguards against arbitrary detention and arrests. In the case of Anand Kundu v. Union of India, the Guwahati High Court held that the detention of suspects is preventive in nature, to ensure that the suspects do not vanish. However, even preventive detention has to follow due process as per Article 22 of the Constitution such as providing an opportunity of hearing before competent judges and informing of their charges. The Supreme Court reiterated this in the case of Pebam Ningol Mikoi Devi v. State of Manipur & Ors. In this case, the apex court emphasised that in India “the utmost importance is given to life and personal liberty of an individual”.

The Supreme Court has, itself on several occasions has overturned judgments by FTs and Guwahati High Court, declaring individuals’ foreigners even when they had provided adequate documents to prove their citizenship. In the case of Md. Rahim Ali v. The State of Assam, the Supreme Court overturned the Guwahati High Court’s judgment upholding the FT’s order declaring the Appellant a Foreigner. The Court also called the order a ‘grave miscarriage of justice’. The court’s direction for deportation in this light comes as a shock. Further, deportations when the detainees have not even exhausted their right to appeal is again a serious deprivation of rights, and sadly the Apex court that is supposed to uphold constitutional rights has taken a step back.

Another issue with these deportations is that these are being conducted without any consultation with the Government of Bangladesh. Article 15 of the Universal Declaration of Human Rights (UDHR) grants the Right to a nationality and provides that no one should be arbitrarily deprived of the same. The lack of consultation, therefore, might lead to statelessness of such individuals and irreversible Human Rights violation. Moreover, deportation without due process clearly violates Article 19 of the Indian Constitution which guarantees the Right to Reside in India.

The current deportation drive also disproportionately targets the Muslim minority population of Assam violating Article 14 of the Indian Constitution. The judicial failure to intervene in this matter reflects a broader systemic collapse in protecting the rights of the most vulnerable. The functioning of the Foreigners Tribunals and the arbitrary nature of the deportation drive collectively amount to a grave miscarriage of justice. In a democracy founded on the rule of law, such violations must not go unchecked. The judiciary, as the guardian of fundamental rights, must reclaim its role in safeguarding constitutional and human rights, especially for those who lack the means to defend themselves.

(The student is a fourth‑year law student at Gujarat National Law University, Gandhinagar)

Related:

Gauhati HC closes Habeas petition after Hasinur’s release from detention, declines compensation while acknowledging procedural default

Gauhati HC: Union government admits Samsul Ali was handed over to BSF, Court grants family visitation rights if not yet deported

The Immigrant Expulsion from Assam Act, 1950: Re-evaluating executive powers in light of judicial pronouncements and due process

Gauhati HC orders verification of police attendance records in re-arrest of two bail-compliant detainees in Torap Ali case

Gauhati HC grants visitation rights after state confirms Doyjan Bibi is in Kokrajhar Holding Centre

“Illegal detention not even for a minute”: Gauhati HC orders immediate release of bail-compliant detainee in Assam

The post Pushed Back, Let Down: How the state has let down the marginalised in Assam appeared first on SabrangIndia.

As per a report in the LiveLaw, an affidavit had been filed by the Union Home Ministry on August 14, 2024, stating that 211 foreign nationals had been classified as “declared foreigners” and were being held in the transit camp. The court directed the registry to place the Assam Legal Services Authority’s report on record, emphasizing the need for coordinated efforts between the Union Home Ministry and the state government to facilitate the deportation of these individuals.

Prior to this, on May 16, 2024, the division bench of Supreme Court had directed the union government to take steps to immediately deport 17 declared foreigners detained in transit camps of Assam, considering that there are no pending cases registered against them. The bench led by Justice Abhay S. Oka had, while hearing Writ Petition (Crl.) No. 234 of 2020 related to the condition of detention centres in Assam where individuals with a doubt citizenship and deemed foreigner were kept in detention, directed the union government for immediate deportation of 17 declared foreigner. 

(Details of the writ petition can be read here.)

Related:

Assam government introduces stricter Aadhaar rules amid concerns over population discrepancies, increases chances of bureaucracy in the process 

Families torn asunder: 28 Bengali Muslims taken from homes, detained as “Declared Foreigners” in Assam

Assam CM call to expel ‘Miya Muslims,’ leads to violence against Bengali speaking Muslim Labourers

Assam: Partial relief, over 9 lakh people to get Aadhaar card, serious questions for excluded 18 lakh

Assam CM compares districts of Assam with Bangladesh; calls some of the districts ‘tiny Bangladesh’

The post Supreme Court seeks Assam government’s response on plan to deport over 200 declared foreigners detained in transit camp appeared first on SabrangIndia.

A division bench of acting Chief Justice Vijay Bishnoi and Justice Suman Shyam of the Gauhati High Court while hearing the suo moto petition, granted a weeks’ time to the government to provide compensation to the dependent of the person who died while in custody and, whose houses were demolished by the police.

Brief Background of the case:

On May 21, 2022, Safiqul Islam (39) a local fish seller from the Salnabari area of Nagaon district in Assam was arrested by the police in a drinking case and subsequently taken to the Batadrawa Police Station. Family of Safiqul claims that the police demanded Rs 10, 000 as a bribe for his release. His family failed to secure the money immediately. Safiqul’s wife somehow arranged for the money but before she could reach the police, he was beaten to death while in custody.

On the same day in evening, a crowd set fire to the Batadrawa police station in protest of the custodial death of Safiqul Islam. A day after the police station was burnt down, the authorities illegally demolished the houses of the Safiqul and his relatives with a bulldozer.

In January, 2023, the Assam government notified that the accused official’s houses would be demolished and proper action would be taken against them.

The Gauhati High Court has granted the Finance Department of Assam a week’s time to inform the court when compensation will be paid, to those whose house were demolished by Assam Police.

It was informed to the court, by the counsel representing the Home and Political (A) Department, Government of Assam that the compensation amount had been determined and the matter had been referred to the Finance Department for processing.

The Gauhati High Court’s Suo Moto Action on Illegal Demolition:

On June 30, 2022, the division bench of then Chief Justice RM Chhaya and Justice Soumitra Saika have taken suo moto cognizance over the house bulldozed by the police personnel of Batadrawa Police Station.

On January 3, 2023, the bench directed the Assam government to take appropriate decision for compensating the persons affected by the illegal action of the officer and asked to produce report before the court.

On November 8, 2023, Senior Counsel for Assam submitted before the court that the One-Man Enquiry Committee constituted to enquire into the matter and sought 4 weeks’ time for submission of the enquiry report.

On December 12, 2023, the Assam government further prayed for three weeks’ time to submit the enquiry report, and the same was allowed by the court.

On January 12, 2024, the Assam Government produced a communication dated 10.01.2024 written by the Joint Secretary to the Government of Assam wherein it is stated that One Man enquiry Committee has submitted the inquiry report to the Government in the Home & Political Department on 04.01.2024. The Government further prayed for four weeks’ time to file an updated status report over the matter and the same allowed by the court.

On February 16, 2024, the government sought again a weeks’ time to submit the One-Man Committee report and the court also asked the government to inform the court about the measures taken by the State Government in response to the findings of the Committee report.

On April 4, 2024, the Assam Government submitted that the report submitted by the One-Man Enquiry Committee, the State Government has taken up the matter and the Political (A) Department of the Government of Assam has written a letter to the Secretary of the Government of Assam, Revenue & Disaster Management Department to assess the loss on account of demolition of houses of 6(six) persons. It is submitted that as soon as the assessment report is submitted, the compensation would be paid to the affected persons.

On May 3, 2024, the bench of acting Chief Justice Vijay Bishnoi and Justice Suman Shyam granted a week’s time to Assam State’s Finance Department to apprise the court on when the compensation would be paid, to those whose houses at Batadrava in Nagaon district in Assam were demolished by Assam Police in May, 2022.

Wife of the person who died in custody, filed a Writ Petition:

The writ petition (civil) No. 239 of 2024 was filed by Rashida Khatun, wife of Late Safiqul Islam (died in police custody) for seeking appropriate compensation from the Assam government over the custodial death of her husband in May, 2022.

On May 3, 2024, the division bench of High Court clubbed the Writ Petition (C) No. 239 with suo moto (PIL) No. 3 of 2022 and directed the state government to respond to why interim compensation should not be granted to the petitioner during the pendency of this writ petition.

Order of the High Court dated 03.05.2024 can be read here:

Compensation provided by the Assam Government:

On May 22, 2024, the Assam government submitted before the High Court that Nagaon Superintendent of Police paid the compensation money to the five families. The government informed that it will pay 2.5 lakh to the family of Safiqul Islam, who died in custody. He said that Islam’s family had not yet produced a next of kin certificate and authorities would process the payment once they obtain the document.

The counsel informed the court that Rs 10 lakh each was provided to Imamul Haque and Mojibur Rahman for the demolition of their concrete houses. Rs. 2.5 lakh was paid for each makeshift house demolished. Rehman was paid Rs 12.5 lakh as he had lost both a concrete and a makeshift house. They further added that, that the state government has sanctioned compensation of Rs 2.5 lakh for the family of Islam.

“This is a clear case of vicarious liability of the state,” the court observed.

CJP moved Gauhati High Court for aids victims of Assam police firing:

In CJP’s endeavour to bring justice to those rendered homeless in Assam during the eviction and to those who lost their family members to the police firing and brute action, we have filed two separate writ petitions in the Gauhati High Court.

One in the matter of the death of 12-year-old Sheikh Farid who fell victim to indiscriminate police firing at the eviction site, and another in the incident where a farmer, Maynal Haque, whose house was being forcefully demolished, and was shot at by the police.

The High Court had issued notice to the state government of Assam on the first petition (Sheikh Farid) October 25, 2021 and on the writ petition of the second victim (Maynal Haque) on November 1, 2021.

In both petitions, the family members of the victims are the petitioners, hoping that some justice is delivered to them. While Farid’s family lost a young child, Haque’s family lost the breadwinner leaving his only three young children without a father, a grieving widow, as well as his elderly parents childless.

CJP claimed that the petition underscores that the law is settled, that even trespassers cannot be evicted from any land without following the due process of law, which was, however, violated by use of brute force of the state police machinery in a period when people are beleaguered by the Covid-19 pandemic.

Both petitions point out that as per section 129 of the Code of Criminal procedure (CrPC) the police are to use civil force to disperse an assembly and under section 130, it is stipulated that “a police officer while seeking to disperse any assembly shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.”

Further, even under the Indian Penal Code (IPC) section 99, a public servant cannot act in defence unless there is apprehension of death or grievous hurt. The petition also points out various provisions of the Assam Police Manual which prescribes how to deal with assemblies and when can firearms be used.

Also, international conventions such as Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that firearms should be used only in self-defence or defence of others against the imminent threat of death or serious injury.

Finally, in both cases, right to life under Article 21 of both the victims was violated and the deaths were caused in clear violation of the accepted norms and standard under the various laws and also the norms accepted under the international standards.

The Writ Petitions filed by CJP can be read here:

The order of the high court is yet to come, after final disposal of the petitions.

Related:

Acquiring land without due procedure would be outside the authority of law, Supreme Court lays down 7 Constitutional tests for land acquisition

Report: 294 houses demolished on a daily basis in 2023 in India

Shocking: Delhi Police cannot control massive mob violence

The post 6 victims of demolition get compensation of Rs. 30 lakhs from Assam government appeared first on SabrangIndia.

This year, the Assam government continued to further its exclusionist, often communal, agenda via a variety of policy decisions and initiatives that deliberately ignore or leave out minority groups or do little to alleviate their suffering. While the initial months of the year were spent campaigning in the run up to the Assembly elections, the communal agenda that was laid out even in the election manifesto was hard to miss, and picked up pace after Himanta Biswa Sarma was sworn in as Chief Minister.

Yet another NRC reverification plea

Soon after taking oath as the 15th Chief Minister of Assam, Himanta Biswa Sarma said his government would re-verify the National Register of Citizens (NRC) list. Addressing a press conference soon after the swearing in ceremony, Himanta Biswa Sarma said his government “wants re-verification of 20 per cent in the bordering districts and 10 per cent in other districts” in the NRC list. The areas where reverification is sought most, invariably lie in regions close to the Bangladesh border, and are home to a large number of Bengali-speaking Hindus and Muslims.

The Assam NRC final list was published on August 31, 2019 that excluded a staggering 1.9 million people (19 lakhs) from the list including hundreds of those who did not submit their claims. No reasons for rejection have been made available for this exclusion so far, as the process remains in limbo due to the diversion of resources to combat Covid-19. 

In May this year, Assam’s State Coordinator of the NRC moved Supreme Court demanding a reverification of the NRC published on August 31, 2019 saying that due to major irregularity many names of ineligible people had made it to the list. In his intervention application, he also prayed for the deletion of ineligible voters from the voters list and seeks update of the 1951 NRC. The application states that there was absence of backend verification of electoral rolls and the process of Office and Field Verifications being used to check applications was unable to detect “Manipulated or manufactured secondary documents”. 

This is a curious allegation given how crores of taxpayer funds were invested in the mammoth exercise of conducting the NRC update, and it involved multiple layers of checks and balances. However, what appears to have disappointed the regime is how many Muslims still manages to make it into the final NRC. The other minority considered a thorn in the regime’s side is that of Bengali Hindus. 

Both these communities – Bengali speaking Hindus and Muslims – have been accused of being “outsiders”, “infiltrators” and “illegal migrants” from Bangladesh. This despite that fact that a large community of Bengali speaking people was settled in the state by the British. While Bengali Hindus were resettled here to help with the administration on account of their English language skills, Bengali speaking Muslims often served as hardy farm labourers in the various large-scale agricultural enterprises since way before Independence. The entire region that is spread across West Bengal, Bangladesh, Assam and even parts of Myanmar was a highly porous region and people moved across freely through it, mainly for employment purposes. 

It is noteworthy that a similar plea was made before the Supreme Court previously by Assam Public Works, an NGO that is at the center of the NRC case in the SC. It demanded a complete reverification of the list. But the apex court rejected the plea on July 23, 2019 saying, “We have also read and considered the response of Mr. Hazela, the learned Coordinator on this aspect of the matter and specifically, the stand taken by him in his report dated 18.7.2019, which is to the effect that in the course of consideration/adjudication of the claims, re-verification to the extent of 27% has already been done. In fact, in the said report, the learned Coordinator has mentioned district wise figures of such re-verification which has become an integral part of the process of consideration of the claims and objections on account of the procedure adopted. In that view of the matter, we do not consider it necessary to accede to the prayers for a further sample verification as prayed for on behalf of the Union of India and the State of Assam.” 

Read more here.

What’s worse is that the exclusion from the NRC has also placed hurdles in the path of availing various government schemes using Aadhaar. At present an estimated 27 lakh people do not have access to Aadhaar related benefits, many haven’t even been issued Aadhaar cards! Additionally, people continue to be served new notices every day that require them to defend their citizenship before Foreigners’ Tribunals (FT). These people are either dubbed doubtful or D-Voters by the Election Commission, or seen as “Suspected Foreigners” by the Assam Border police who then refer them to FTs. This has only added to the woes of people who are facing “othering” and marginalization at an unprecedented scale.

Two-child policy

Shortly after being sworn in, Himanta Biswa Sarma proposed a two-child policy for the state of Assam. Sarma insisted that it was “the only way through which we can eradicate poverty and illiteracy from the Muslim minority of Assam.” The fact that he categorically named the Muslim community showcases how the singular aim of the policy was to control the size of Muslim families. But this is not the first time such an idea has been floated.

It is noteworthy, that in 2019, the Assam Cabinet had approved the “two-child” norm as mandatory for getting a government job or continuing in one. Even before this, in 2017, the Assam Assembly had passed a Population and Women Empowerment Policy according to which people with more than two children are barred from contesting local body elections. This was seen as a direct attempt to restrict the number of Muslims in the state administration given their traditionally large families.

Now, there is no denying that child marriage is prevalent among a large number of unlettered members of the community. Also, many of them reject family planning and contraception due to religious reasons. Thus, not only is there a high rate of teenage pregnancies, women continue to bear children for a larger part of their fertile years. In fact, in a video interview to SabrangIndia’s sister organisation Citizens for Justice and Peace (CJP), Professor Abdul Mannan of the Guwahati University had explained the reasons behind the growth in Muslim population. 

However, other scholars have also addressed the paranoia surrounding the Muslim rate of growth and even addressed graver issues surrounding the lack of family planning. SY Quraishi in his book The population Myth: Islam, Family Planning and Politics in India pointed out, “Family planning acceptance is also dependent on delivery of health services to the communities and individuals in question. Here, again we find Muslims lagging. According to NFHS-4 data, only 77 per cent of Muslims women in the age group of 15-49 has received antenatal care from a skilled provider, which is the lowest among all religious groups. They also lag behind in accessing delivery services at healthcare facilities and receiving advice on family planning from community health workers. This results in lower acceptance of family practices by the community.”

Read more here.

Cow protection law

Another law that can be seen as aimed at minorities is the new cow protection law. The provisions of the Assam Cattle Preservation Bill, 2021, that was passed in the State Assembly on August 13, 2021 despite an Opposition walkout, are such that can lead to increased scrutiny of the dietary habits of minorities, but also lead to marginalization and ghettoization.

The new law replaces the Assam Cattle Preservation Act, 1951 and prohibits the sale and purchase of beef in areas inhabited by non-beef-eating communities and within a radius of 5 km of a temple or a satra (Vaishnavite monastery). Other provisions include greater scrutiny of the process to obtain a “fit for slaughter” certificate by a Veterinary Officer, stricter rules regarding transport of cattle, especially across state lines, and restrictions on the sale and purchase of beef in area inhabited by Hindus and other non-beef eating communities. This Bill has certain provisions that can be misused to harass people, particularly those hailing from beef-eating communities.

For example, if a person from a beef-eating community lives in an area inhabited predominantly by non-beef eating communities, he will either have to give up beef consumption or ensure sale and purchase are carried out in an area outside the neighbourhood. Bringing home purchased meat could also be difficult given how it will be difficult to prove where it was purchased. A virtual target could be placed on his back, only because of what he eats as neighbours could feel empowered to surveil and complain against such people. Sometimes, such complaints can be made out of sheer vendetta or for gentrification purposes.

Similarly, if a new temple or satra is built in any area, automatically a 5 km radius around it becomes a no-beef zone, thus causing inconvenience to beef-eating residents of the area. This can once again be used as a strategy to push beef-eating communities into ghettos and further marginalise them. This could also be a shot in the arm for cow-vigilantes and lead to communal violence and mob lynching in the name of cow-protection.

Placing the burden of proof that cattle are being transported for agriculture or animal husbandry on the transporter of the cattle also makes them vulnerable to surveillance or even attacks by cow-protection groups. 

The Bill also gives wide powers to the police to enter and inspect premises where they suspect any offense under the Act is being committed. This can be used as an intimidation tactic against minorities. Moreover, corrupt officials can easily turn this into an extortion racket.

Imprisonment for 3-8 years appears harsh for such a crime, and a fine of Rs 3-5 lakhs is rather steep.

During the session on August 13, the Opposition Congress, AIUDF and CPI (M) proposed at least 75 amendments and asked the government to refer the bill to an Assembly select committee for further discussion, but these proposals were rejected by Sarma. Samra only accepted one amendment, to remove ‘buffaloes’ from the definition of cattle in the Bill. In protest, thus, the opposition walked out. After Speaker Biswajit Daimary announced the bill as passed, slogans of ‘Bharat Mata ki Jai’ and ‘Jai Shree Ram’ were heard from the BJP MLAs in the House. 

Read more here.

Lip service to Tea Tribes

Assam’s Tea Tribes were given a raw deal yet again, with the state’s Chief Minister steering clear of making any concrete commitments when it comes to specific demands of the community, despite holding a five-hour long meeting with representatives of the tea tribes as well as intellectuals on August 30. The final outcome of the meeting was just a promise to set up a few sub-committees to study the needs of the community and submit a report.

In colonial times, after tea leaves were found growing by a British officer named Robert Bruce in 1823, the British brought several people hailing from Adivasi and tribal communities of other Indian states (present day Uttar Pradesh, Bihar, Jharkhand, Odisha, Andhra Pradesh and Chhattisgarh) to work in tea estates in Assam. By 1862, there were 160 tea estates in Assam. Many of these communities have been granted Scheduled Tribe (ST) status in their home states.  

In Assam, these people came to be known as the Tea Tribes. They are a heterogenous, multi-ethnic group and speak languages as diverse as Sora, Odia, Sadri, Kurmali, Santali, Kurukh, Kharia, Kui, Gondi and Mundari. They worked in these tea estates in colonial times, and their descendants have remained in the state to this day still working in tea estates, making Assam their home and adding to its rich socio-cultural tapestry. Today there are over 8 lakh tea estate workers in Assam and the total population of the Tea Tribes is estimated to be more than 65 lakhs.

Two of their greatest demands pertain to improvement in wages as well as being granted ST status in Assam. But after holding a marathon meeting titled “Humder Moner Kotha” which means “our thoughts”, where Sarma met with and held detailed discussions with community leaders and eminent citizens, he artfully dodged these two demands. “We’re exploring robust short to long term action plan for Tea Tribes. Assam Govt will constitute 7 sub-committees to study all issues and will submit reports by Dec 2021. Based on the recommendations, GOA will include provisions for their socio-eco upliftment in next Budget,” said Sarma with no mention at all about granting Scheduled Tribe status to tea tribes or addressing the matter of their abysmal daily wages.

Read more here.

Eviction drives targeting minority families

Amidst all of the above, perhaps the most blatantly communal policy decision of the Assam state government has to do with eviction of “encroachers” from public land… a pet project of the Chief Minister. As we have pointed out, these elaborate eviction drives, always carried out amidst heavy deployment of police and paramilitary personnel are disproportionately targetting minority community families. The drives shockingly started during the monsoon season when the entire riverine region of the state gets flooded! The fact that all this happened amidst a raging Covid-19 pandemic showcases just how little the government cared about its own people, perhaps because it only saw the families being evicted as “outsiders” and “encroachers”. 

On September 20, as many as 200 families, all belonging to the minority Muslim community, were left homeless after they were forced out of their modest huts in Fuhuratoli in Darrang District. It is noteworthy, that 49 families nearby had been evicted from the same area on June 7. Then came the fateful day of September 23. At midnight residents of Gorukhuti were sent notice of eviction via Whatsapp, in complete contravention of set procedure and law. The next morning, they were thrown out of their modest huts, with little time to gather together their meagre belongings. District officials had arrived with armed police personnel, and when people protested the injustice, police opened fire. Two people, Maynal Haque and Sheikh Farid, were killed in the firing. 

While Maynal Haque was a daily wage earner, responsible for feeding his family of elderly parents, a wife and three small children, Sheikh Farid was a 12-year-old boy returning home from a nearby Aadhaar Card centre. What was also shocking was how, again in complete contravention of set procedure, police did not shoot people below the knee. In fact, victims and survivors sustained bullet wounds to their head, face, chest and stomach.

And since then, at least three infants belonging to evicted have died, purportedly due to being forced to live in makeshift tents that offer little defence against the elements. The youngest was just 5 days old.

But instead of showing compassion, the administration took their policy of exclusion to another level when they submitted before the Gauhati High Court that land has been demarcated to rehabilitate evicted and displaced people, however, their citizenship will have to be ascertained before confirming their eligibility. On November 3, a Bench comprising Chief Justice Sudhanshu Dhulia and Justice Kakheto Sema was hearing a batch of petitions related to rehabilitation of these evicted families. Advocate General Debojit Sakia submitted that rehabilitation of evicted and displaced people will be carried out and that 1,000 bhigas of land were set aside for this purpose. However, in order to determine eligibility, it will have to be ascertained if the evicted people were indeed landless migrants, including ascertaining if they had a similar status in the districts from where they had originally migrated. He further said, it would have to be determined if they were landless on account of effects of erosion. Finally, he submitted that their names will have to be checked against the National Register of Citizens (NRC) to ascertain if they are indeed Indian citizens. Read more here.

Related:

Govt will re-verify NRC lists, enact a law against ‘Love Jehad’: Assam CM
Yet another NRC reverification plea moved before SC
Is the Assam CM’s push for a “two-child policy” a tactic to exclude minorities?
No beef within 5 kms of temples: Assam’s new cow protection bill
Assam Cattle Preservation Bill passed in Assembly amidst Oppn walkout and chants of ‘Jai Shree Ram’
Assam Tea Tribes served another set of vague promises
Are encroachment removal drives in Assam selectively targeting the minority community?
Evicted families will be rehabilitated only if name appears in NRC: Assam Gov’t to Gauhati HC  

The post Alienation and apathy: Assam government’s 2021 agenda? appeared first on SabrangIndia.

In a shot in the arm for the Legal Aid machinery in the State of Assam, the Gauhati High Court has asked the Centre as well as the Assam State Government to indicate their stand on provision of funds. This was in connection with a petition filed by Citizens for Justice and Peace (CJP) seeking directions to the state to formulate effective and robust modalities for legal aid for people from marginalised sections who have been excluded from the National Register of Citizens (NRC) and will now be required to prove their citizenship.

A deluge of such applications could overwhelm the Legal Aid system given how over 19 lakh people were excluded from the NRC and will now be required to defend their Indian citizenship before Foreigners’ Tribunals (FT). Our petition asked for adequate provisions to be made in terms of trained panels of competent lawyers, and adequate front offices.

Senior counsel Mihir Desai  and advocate Mrinmoy Dutta appeared for CJP. The case has now been adjourned till December 6, 2021.

Brief background of the Petition 

CJP has played an integral role in providing paralegal and legal assistance to those excluded from the National Register of Citizens (NRC), to help them gather requisite documents that will make their case for citizenship stronger before the FTs. CJP’s Assam Team’s continuous on-ground efforts included responding to distress calls from remote areas, on a daily basis. It is through this three-and-a-half-year effort, the team noticed that there was a lack of concerted efforts being made by the state government for providing legal aid to those excluded from NRC, despite directions to this effect by the Ministry of Home Affairs (MHA).

Why has the petition been filed? 

The petition seeks clarification on a press communication issued by MHA on August 20, 2019 which stated that legal assistance would be provided to those excluded from NRC, those who are in need of such legal aid.

In early 2020, CJP petitioned the High Court on the issue with three families of those excluded. Senior counsel Mihir Desai assisted by Advocate Mrinmoy Dutta appeared in the matter. The petition was withdrawn after the Hon’ble High Court opined that this was a fit case for a public interest litigation.

From April 2020 to November 2020, the organisation was involved in detailed correspondence and representations to both the National Legal Services Authority (NALSA) and the Assam State Legal Services Authority (ASLSA).

As CJP is actively involved in ground-work it never came across any concerted efforts in furtherance of the 2019 communication issued by MHA, and thus submitted a representation before Secretary of Home Department in Assam for framing scheme and modalities for providing effective legal aid to the NRC left outs. CJP also asked the Home Department about what steps had been taken by the government so it can, through its widespread ground-work, create awareness among the people in need.

The petition emphasises that those excluded cannot be deemed non-citizens till the remedies available before them are exhausted, and unless the marginalised among them are not provided adequate legal aid, they would suffer irreparable loss and injury.

The Assam State Legal Services Authority (ASLSA) finally responded in November 2020 stating that it has enough machinery to deal with any action taken by the government with regards to NRC. The ASLSA letter also revealed that only two Taluk Level Legal Services Authorities are functioning, while there are 78 taluks in the state. The letter also states that once rejection slips are handed out, legal camps can then be organised.

CJP’s survey reveals woeful state of Legal Aid machinery 

It was in response to this last communication that CJP, has in fact, gone one step further and conducted an independent survey in 10 districts of Assam to assess the preparedness of District Legal Services Authorities (DSLA) which revealed that the front offices were either not present or the ones that had front offices were inadequate in terms of space or in terms of staff.

It was also revealed that in none of the ten legal services authorities, were the personnel trained on Citizenship, NRC, Immigration or the Foreigners Act, all of which are germane to the impending situation of people having to appeal before Foreigners Tribunal to prove their citizenship. It also revealed that a total of 10 cases were handled by the counsel of these DSLA, all by Dhubri DLSA: 7 in 2019, and 3 in 2020.

The petition filed in the High Court points out how more such authorities need to be set up at Taluk level, otherwise the process of providing legal aid remains largely inadequate. 

Pleadings

The petition has prayed for writs to direct state authorities to appoint adequate legal aid lawyers and provide them with manuals so that uniform legal assistance is provided, to formulate modalities of legal aid for NRC left outs. It also prays that the court directs that unless necessary advance arrangements for legal aid are made, rejection slips should not be handed out to those excluded.

Through this petition, CJP seeks to have a state machinery ready to assist the marginalised sections, among the 19 lakh excluded from NRC, so that no rightful citizen gets deprived of his/her citizenship merely because of lack of proper and effective legal aid.

Additional considerations

Apart from the pleadings, the petition also places before the court certain suggestions for its due consideration:

• To set up Taluk level Legal Services Authority across all taluks
• Call for applications from those who are in need for legal aid at least 3 months before rejections slips are issued
• Basis these applications, modify front offices, empanel lawyers and paralegals, train them in citizenship laws, Foreigners Act and NRC
• Adequate monitoring committees for each taluk
• Set up legal aid camps for scrutinizing documents
• Draft Model appeal formats
• Appoint counsel with more than 15 years’ experience to guide conducting advocates
• Enable civil rights organisations like CJP to take trainings

The entire order may be read here:

Related:

Assam DSLAs woefully understaffed, staff under-trained to handle FT cases
Inadequate legal aid for NRC excluded persons, CJP moves Guwahati HC
CJP’s Guwahati legal aid petition: State fails to file an affidavit

The post Gauhati HC asks Centre and Assam State gov’t to indicate stand on funding for Legal Aid appeared first on SabrangIndia.

The matter pertaining to the unfortunate incident of ruthless evictions carried out by the Assam government, and the subsequent firing by the Police, was taken up by the Gauhati high court, today, on October 7. The Bench headed by Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia has directed the government to file its reply in the matter and called the clashes between the protestors and the police “a big tragedy”.

As reported by Bar & Bench, the court orally observed, “This is a big tragedy, very unfortunate. Those who are guilty, if at all, must be punished, no doubt about that. Not just in this but in one or two other incidents as well….khoon Zameen par phir gaye (Blood has been spilled)”.

The plea was allegedly filed by the Leader of Opposition in the Assam Assembly, Debabrata Saikia, against the Assam Government’s eviction programme. He was represented by senior counsel Chander Uday Singh, who brought forward three issues before the court as per a LiveLaw report. They are:

-The Police firing that took place on September 23 in Dholpur village amid an eviction drive in Assam’s Darrang district

-Regarding the eviction drive, questioning as to whether it took place as per the law and whether or not the legal provisions have been adhered to

-Mandatory compliance with the National Rehabilitation policy of 2007 (Central Government) and Assam’s Resettlement framework guidelines (prepared by FREMA)

Senior counsel Singh further argued that the videos of the death of Maynal Haque made it clear that he had already been subdued by the Assam Police but he was still shot at when he was on the ground. As per some media reports, he contended in court that the State is liable to pay compensation for the ex-facie illegal actions of the police.

On the other hand, the Advocate General claimed that peaceful evictions were going on when there was an “unprovoked attack on the police”. B&B reported that the government counsel alleged that Haque had been chasing the photographer with a lathi, and “this young boy, the photographer, managed to save himself by getting to the police”. He also stated that during the protests, several police personnel were injured and hospitalised.

The AG also argued that the situation in Assam is quite different from the rest of the country. He contended that the land is quite a fertile land, where these people (alleged encroachers) are living and the land is a part of the Government’s agriculture project, and that it wants to make it a forest area.

To this, LiveLaw quoted Chief Justice Dhulia saying, “Ab aapko aadmi ujarkar jungle banana hai? Hum bhi yehi reh rahe hai. (Now, you have to remove people and establish a forest? We are also living here). We also know what is happening.”

As we have previously reported in SabrangIndia, after one eviction drive on September 20, a fresh round of evictions took place, wherein 150 more huts were demolished in the same area on September 23. After being served a notice only the previous night, that too on WhatsApp, the residents protested, and were eventually showered with bullets.

The Bench has directed the government to file a detailed affidavit, and has posted the matter for hearing on November 3.

Related:

BREAKING: 2 killed, 10 injured in police firing in Assam
Assam Police Firing: People across India demand justice for evicted families
Assam Police Firing: Death toll rises, victim blaming rampant
Are encroachment removal drives in Assam selectively targeting the minority community?
Heartless government poised to evict thousands amidst Covid-19, monsoon in Assam
Assam: 25 hutments demolished by Sonitpur district administration amidst Covid’s deadly second surge

The post Gauhati HC seeks response from State on Darrang eviction, firing appeared first on SabrangIndia.

On July 12, the Assam government introduced the Assam Cattle Preservation Bill 2021 to bring in more stringent measures to check the slaughter of cattle in the state. These include greater scrutiny of the process to obtain a “fit for slaughter” certificate by a Veterinary Officer, stricter rules regarding transport of cattle, especially across state lines, and restrictions on the sale and purchase of beef in area inhabited by Hindus and other non-beef eating communities.

After tabling the Bill, Assam Chief Minister Himanta Biswa Sarma tweeted, “Cattle are revered in our society from time immemorial. Respecting our deep-rooted belief system & agricultural necessity, we’ve tabled Assam Cattle Preservation Bill, 2021 in Assembly to regulate slaughter, consumption & transportation of cattle.”

Cattle are revered in our society from time immemorial.

Respecting our deep-rooted belief system & agricultural necessity, we’ve tabled Assam Cattle Preservation Bill, 2021 in Assembly to regulate slaughter, consumption & transportation of cattle. https://t.co/M1RfYmbps7

— Himanta Biswa Sarma (@himantabiswa) July 12, 2021

The introduction of the bill signals the Sarma administration’s commitment to the more traditional agenda of the Bharatiya Janata Party (BJP) pertaining to religion and culture, that always lurks underneath the surface of the broader “development” pitch made to attract votes.

Assam’s previous cattle preservation laws

It is noteworthy that Assam already has existing cow protection laws. The Assam Cattle Preservation Act, 1951 (Later amended to Assam Cattle Preservation (Amendment) Act, 1962) lays down provisions for bulls, bullocks, cows, calves, male and female buffaloes, and buffalo calves. According to the provisions of this law:

• “Fit for Slaughter Certificate” is needed from Veterinary Officer till then no person can slaughter the cattle. (Sec 5(1))
• Certificate will be issued when the cattle-(Sec 5(2))
• over fourteen years of age; or
• become permanently incapacitated from work or breeding due to injury, deformity or any incurable disease.
• Prohibition of slaughter of cattle in places not prescribed for the purpose as no cattle in respect of which a certificate has been issued under section 5 shall be slaughtered in any place other than a place prescribed in this behalf. (Sec 6)
• Power to enter and inspect premises (Sec 7) (a) For the purpose of enforcing the provisions of this Act, the veterinary officer or any person authorized by the veterinary officer in writing in this behalf, shall have power to enter and inspect any premises within the local limits of his jurisdiction where he has reason to believe that an offence under this Act has been or is likely to be committed.
• Penalty- Imprisonment up to maximum of 6 months or fine which may extend up toRs 1,000 or (Sec 8)
• It states that it is a cognizable (Sec 9)
• It protects the persons acting in good faith (Sec 12)

What does the new Bill propose?

Now let us take a closer look at the provisions of the Bill. The new bill’s key proposals can be summarised as follows:

1. Obtaining “fit for slaughter certificate” from a Veterinary Officer

• Such a certificate cannot be given for cows. It also protects heifer or calves under the age of 14 years. Other types of cattle can be slaughtered only if they are over 14 years of age, or have become permanently incapacitated from work, breeding, accidental injury or deformity.
• The Veterinary Officer is required to maintain records of reason for refusal to grant permission for slaughter for future reference and inspection by a “prescribes authority” appointed by the state government.
• This prescribed authority has been granted wide powers under section 5 of this Bill to “at any time for the purpose of satisfying itself as to the legality or propriety of such certificate or order for refusal or such certificate issued by a Veterinary Officer under this section, call for examination of the record of any case, and may pass orders thereon as it deems fit.”
• Cattle for which a certificate has been granted can only be slaughtered at a licensed slaughter house recognised under a Central or State Act.
• The state government can exempt certain places of worship or certain occasions for slaughter of cattle (other than cow, heifer or calves) for religious purposes.

2. Transportation of cattle

• A valid permit is required to transfer cattle within Assam as well as across state lines.
• Transportation of cattle from outside the state or within the state to a place within the state where cattle slaughter is punishable under the Act is prohibited.
• Cattle transportation must be carried in accordance with provisions of Prevention of Cruelty to Animals Act, 1960.
• Exceptions are made for transporting cattle for grazing, agriculture, animal husbandry purposes or sale in an animal market.
• A permit has to be obtained for transport of cattle for agricultural or animal husbandry purposes
• A record of all permit issued and reasons for rejection will be maintained for future reference and inspection by the state government or any officer appointed by it.
• A person will be deemed to be transporting cattle for the purpose of slaughter unless contrary is proved to the satisfaction of the concerned authority or officer, by the person who has to show that he has obtained the permit for transportation for agricultural or animal husbandry purposes.
• In case of violation of these provisions, the transporter can be detained and his vehicle seized.

3. Purchase and sale of beef

• Purchase or sale of beef is prohibited in areas predominantly inhabited by Hindu, Jian, Sikh or other non-beef eating communities.
• Purchase or sale of beef is prohibited within a 5 km radius of a temple, satra or religious institutions belonging to Hindu religion or any other institution or area as may be prescribed by the competent authority.

4. Punishment for violation of provisions

No person accused of an offense punishable under this Act, if in custody, can be released on bail or on his own bond, unless the Public Prosecutor has been given an opportunity of being heard on the application for such release.
Those found guilty can be incarcerated for 3- 8 years, and also fined between Rs 3 lakhs to Rs 5 lakhs.
Repeat offenders can expect to be faced with double the penalty.

Problematic elements in the new Bill

This Bill has certain provisions that can be misused to harass people, particularly those hailing from beef-eating communities.

For example, if a person from a beef-eating community lives in an area inhabited predominantly by non-beef eating communities, he will either have to give up beef consumption or ensure sale and purchase are carried out in an area outside the neighbourhood. Bringing home purchased meat could also be difficult given how it will be difficult to prove where it was purchased. A virtual target could be placed on his back, only because of what he eats as neighbours could feel empowered to surveil and complain against such people. Sometimes, such complaints can be made out of sheer vendetta or for gentrification purposes.

Similarly, if a new temple or satra is built in any area, automatically a 5 km radius around it becomes a no-beef zone, thus causing inconvenience to beef-eating residents of the area. This can once again be used as a strategy to push beef-eating communities into ghettos and further marginalise them. This could also be a shot in the arm for cow-vigilantes and lead to communal violence and mob lynching in the name of cow-protection.

Placing the burden of proof that cattle are being transported for agriculture or animal husbandry on the transporter of the cattle also makes them vulnerable to surveillance or even attacks by cow-protection groups.

The Bill also gives wide powers to the police to enter and inspect premises where they suspect any offense under the Act is being committed. This can be used as an intimidation tactic against minorities. Moreover, corrupt officials can easily turn this into an extortion racket.

Imprisonment for 3-8 years appears harsh for such a crime, and a fine of Rs 3-5 lakhs is rather steep. If we take a look at victims of mob-lynching in the name of the cow, most of them were dairy farmers. How can such people be expected to pay such large amounts as fines? Or is this yet another ploy for mass incarceration of such dairy farmers who traditionally hail from certain communities?

Finally, Assam shares its border with Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, states where beef is consumed. If cattle transporters passing through Assam are under constant scrutiny, this could affect beef supply in these neighbouring states and harassment for their residents. 

The entire new Bill may be read here: 

Related:

Cow Slaughter Prevention Laws in India
SC slams Lynch Mobs, issues directions to govt to check ‘mobocracy’

The post No beef within 5 kms of temples: Assam’s new cow protection bill appeared first on SabrangIndia.

Bongaigaon, October 16, 2020: Bharatio Nagarik Adhikar Suraksha Manch (BNASM) that translates into Forum for Protection of Indian Citizenship Rights, an Assam based civil rights group has slammed the government of Assam and demanded the resignation of Chief Minister Sarbananda Sonowal for rejecting the National Register of Citizens (NRC).

It is noteworthy that the Chief Minister had recently criticised the NRC publicly at a meeting in upper-Assam, and the state government is planning to approach the Supreme Court again on the matter of reverification.

At a press conference in Bongaigaon, BNASM president Zamser Ali said, “The NRC was made under the supervision of the Supreme Court. There were multiple checks and balances in place at different stages to ensure its accuracy. So now, if anyone says that it is not acceptable because it doesn’t serve their political agenda, that is unfair to the people of Assam.” BNASM disagrees with the state government’s claim that the NRC is erroneous. Ali said, “If that is the case, then the 55,000 employees of the state government should be sacked and the Chief Minister should resign taking responsibility for this erroneous NRC.”

BNASM feels that the BJP government is just trying to destabilise and divide the state using the NRC. Other attendees at the press conference included Working President Bisheswar Maitri, General Secretary Nanda Ghosh as well as Human Rights activist and prominent advocate Abhijit Chowdhury. Previously when Assam Public Works, an NGO at the forefront of the NRC case in the Supreme Court had moved an application for reverification, the SC had rejected it.

Ali raised concerns about names being excluded from the NRC despite people having all the documents. In some cases even if the names of parents were included, the names of their children were omitted. Moreover, even those people who had been found to be Indian citizens after a hearing before a Foreigners’ Tribunal, found their names excluded from the NRC.

Ali also raised the matter of Aadhaar cards saying, “People had given their biometric data for issuance of Aadhaar cards during the revision of NRC. But they have neither been given an Aadhaar card, nor are they being allowed to enrol for it again. As a result, all these Assamese people have been deprived of government schemes related to employment, pension, housing etc.”

Nanda Ghosh, General Secretary of Forum for Protection of Indian Citizenship Rights, said, “The Chief Minister has made irresponsible remarks regarding the NRC.” He accused the BJP government and its leaders of making comments just to create confusion at various times in Assam. He said, “1.9 million people had been left out of the NRC under the direct supervision of the Supreme Court. Out of this, more than 1.2 million people were Hindus.” Nanda Ghosh alleges that the BJP is talking about Hindus, but has not made any comments in the case of NRC. “The government wants to politicise this issue. It is only doing Hindu-Muslim politics without working for the Assamese people,” said Ghosh.

Ghosh also wondered if the government would pay compensation for the loss of life or livelihood due to NRC. He gave an example of a family of a freedom fighter, who were declared foreigner despite making it to the NRC. Another person died by suicide after being declared foreigner in Sorbhog. Ghosh also highlighted how impoverished people like peasants and daily wage earners were being harassed and forced to organise large sums of money to fight their case.

Related:

107th citizenship related death in Assam!
Assam BJP stirs the communal pot again!

The post If NRC is faulty, then CM should resign: Assam citizens group appeared first on SabrangIndia.

The Assam government has reiterated its stand on the results of the National Register of Citizens (NRC), demanding that a verification be carried out for at least 10-20 percent of the people included in the list.

Senior minister Chandramohan Potowary reportedly told the Assembly, “We had given an affidavit in the Supreme Court saying that there should be re-verification of 20% included names in the districts bordering Bangladesh and 10% in the rest of the districts,” adding, “We need a re-verification because people of Assam want a correct NRC.”

The disappointment with the NRC became evident shortly after the final list was published on August 31, 2019. At that time Himanta Biswa Sarma, a powerful minister in the Assam state government had alleged that names of illegal Bangladeshi immigrants had been included in the NRC. He had demanded that a reverification of 20 percent of the names be carried out in border districts, and 10 percent names be verified in other districts. Several local groups like All Assam Students Union (AASU) had also backed this demand.

Heads rolled and the first official to be shown the door was Prateek Hajela, who was replaced as the State coordinator of NRC by Hitesh Dev Sarma amidst much controversy. Assam Public Works, the NGO that is at the center of the NRC case in the Supreme Court demanded a complete reverification of the list. But the apex court rejected the plea. It now appears that the state government is exploring the option for moving court with a fresh plea for reverification.

However, it is noteworthy that a form of reverification to the extent of reassessing the inclusion of siblings and family members of declared foreigners did take place which led to the publication of the Additional Exclusion list on June 26, 2019 excluding over 1 lakh people. Moreover, during the claims and objections process, documents of people whose citizenship was under the scanner were scrutinised again.

The Assam government’s refusal to accept the NRC thus puts in limbo not only the 19 lakh people excluded from the final NRC, but also the 3.11 crore people who were included, rendering an expensive and tedious exercise moot. It is also a colossal waste of public funds. While official estimates place the expenditure on the NRC exercise at approximately Rs 1,600 crores, the figure leaps past the Rs 11,000 crore mark if we take into account expenditure that will be incurred by people to defend their citizenship; lawyer’s fee, transportation, documentation etc.

How we arrived at this figure
As per advocates and people related to Foreigners’ Tribunals (FT), each and every person excluded from NRC must pay an amount of at least Rs 30,000/- to advocates to fight their cases in the FT. An additional Rs 30,000/- is spent on travel, communication and arranging for witnesses to appear before FTs. In this way, at least Rs 60,000/- is spent by every person on FT cases to prove them to be Indian. In this way, for 19,06,657 people excluded from NRC, the expenditure comes to at least Rs 57,19,97,10,000/- as advocate’s fees and Rs 57.19,97,10,000/- for expenditure on communication and travel for FT appearance for victims, their family members and witnesses. It means Rs 11,439,94,20,000/- will be the minimum expenditure to be borne by the 19,06,657 people excluded from the final NRC.

Related:

An Expensive Business, RGI Hikes Revised Budget for NRC to Rs 1,602.66 Cror
Cost of defending citizenship post NRC north of Rs 11,000 crores!
EXCLUSIVE! NRC Rejection Slips to be issued only after Covid-19 is brought under control

The post Assam gov’t adamant on NRC reverification appeared first on SabrangIndia.