Indian Citizenship | SabrangIndia News Related to Human Rights Thu, 25 Sep 2025 06:06:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Indian Citizenship | SabrangIndia 32 32 From Assam’s Soil to Detention and Back: The tragic death of Amzad Ali https://sabrangindia.in/from-assams-soil-to-detention-and-back-the-tragic-death-of-amzad-ali/ Wed, 24 Sep 2025 06:27:44 +0000 https://sabrangindia.in/?p=43724 Locked up in Matia detention camp despite generations-long roots in Assam, 49-year-old Amzad Ali dies of cancer as authorities ignore medical appeals; family finally lays him to rest in his native village

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Branded a “foreigner” in life, yet laid to rest in his own Assamese soil after death — the story of 49-year-old Amzad Ali captures the cruel paradox that thousands of Bengali-speaking Muslims endure in Assam today. Denied dignity and recognition in life, he found belonging only in death.

The final days

On September 14, 2025, Amzad succumbed to cancer at the State Cancer Institute, Guwahati. Just four months earlier, on May 28, 2025, he had been detained and confined in the Matia detention camp, Goalpara. His health rapidly deteriorated inside confinement, but despite medical advice recommending palliative care outside, he remained in custody until his last breath.

The Gauhati High Court was due to hear his pending case, WP(C) 5297/2025, on September 15, 2025 — just a day after his death.

A villager turned “D-Voter”

Amzad was a resident of Rowmari Pathar, a village on the banks of the Brahmaputra in Barpeta district. In 1997, his name was marked as a “D-voter” in the electoral rolls of Chenga constituency. His wife, Maymala Begum, and his mother were similarly marked.

Poverty and illiteracy meant that Amzad could not afford to fight the label. “Our family’s legacy is recorded since the 1951 NRC. His father, Hajo Sekh, and forefathers were registered voters even in 1966,” said Abdul Jalil, Amzad’s cousin.

The Tribunal’s verdict

In 2017, Amzad’s case was referred to the 7th Foreigner Tribunal, Barpeta (Case No. 998/17). He appeared through years of hearings, even during the pandemic. On December 9, 2022, the Tribunal declared him a “foreigner.”

But the family says they were never informed. “Our lawyer kept telling us there were just two more hearings left. We didn’t even know the judgment had already come,” recalled Maymala.

Unaware of the decision, Amzad continued his work as a daily wager — until police abruptly detained him in May 2025.

Fear and helplessness

Amzad and Maymala have seven children — three sons and four daughters. Yet in his final months, his wife dared not visit him in detention or hospital. Branded a “D-voter” herself, with her case still pending in the High Court, she lived in constant dread of being seized too.


Maymala hold up a tiny photo of Amzad

What if I was also caught and locked in Goalpara Camp?” she asked, torn between grief and fear. Despite her parents’ names being recorded in the 1951, 1971 and 2019 NRCs, she alone was excluded.

Ignored appeals

Amzad’s condition worsened after his cancer diagnosis on August 11, 2025. The Superintendent of the detention camp even advised the family to seek his release for treatment. Jalil, his cousin, wrote a formal plea to the Goalpara Deputy Commissioner on September 1, 2025, requesting that Amzad be freed for medical care.

But no response ever came. Instead, officials summoned the gaon bura (village headman) to inform the family that Amzad’s health was failing. By the time they reached Guwahati Medical College, it was too late.

Doctors’ reports clearly stated that “no treatment modality was left” and only palliative chemotherapy was possible — yet the authorities refused to act.

The final farewell

After two days of official formalities, on September 16, 2025, Amzad’s body was handed over to his family. That evening, he was buried in Rowmari Pathar, just 1.5 km from where he had been detained months earlier.

He was buried as an Indian, in the very soil that had disowned him. His two sons working as migrant labourers in Chennai could not even return to attend the funeral.

A cry for justice


Assam CJP Team visits the grieving family at their home 

A delegation from Citizens for Justice and Peace (CJP), including state in-charge Nanda Ghosh, advocate Abhijeet Choudhury, DVM of Barpeta Jafar Ali, and local volunteers, visited the grieving family. Jalil showed them the unanswered letter he had sent to the Deputy Commissioner.

I begged the authorities to release him for treatment. But they kept him locked up until he died. And then, they gave us his body,” Jalil told them.

The cruel paradox

Amzad Ali’s story is not just a personal tragedy; it reflects a wider, systemic cruelty. For decades, thousands have lived under the burden of being branded “doubtful” or “foreigners.” Amzad lived that stigma, died in custody, and was finally buried in the land he always called home.

A citizen in life, denied recognition by the state. A foreigner in papers, but an Indian in death.

Amzad’s death is the second in Matia detention camp this year. On April 17, 2025, Abdul Matleb also died under similar circumstances. Both men were declared “foreigners” during their lifetime, only to be buried in their native villages in Assam. 

The story of Abdul Matleb may be read here.

Separate report on Ali’s death may be read here.

Related:

From Detention to Deportation: The mass deportations and detention crisis at Assam’s Matia centre

SC: Only 10 deported, 33 of 63 contest foreigner status from the Matia Transit Camp, Assam

Supreme Court condemns appalling conditions at Matia Detention Centre in Assam, labels situation a ‘sorry state of affairs’

Victory in Dhubri FT: Jarina Bibi declared Indian after years of ordeal

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CJP-Led Legal Victory: Bengali-speaking Muslim woman with limited mobility declared Indian https://sabrangindia.in/cjp-led-legal-victory-bengali-speaking-muslim-woman-with-limited-mobility-declared-indian/ Thu, 31 Jul 2025 11:39:49 +0000 https://sabrangindia.in/?p=43029 Accused as a foreigner in a 2002 case but served notice only in 2022, Banasha Bibi is vindicated after CJP exposes false investigation and proves lifelong Indian identity

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In a landmark victory for Citizens for Justice and Peace (CJP), 56-year-old Banasha Bibi, a Bengali-speaking Muslim woman from Assam’s Bongaigaon district, was officially declared an Indian citizen by the Foreigners’ Tribunal No. 1, Bongaigaon on June 25, 2025. This decision comes after a 22-year-old illegal foreigners’ case, filed in 2002, was finally heard following CJP’s intervention in 2023.

For Banasha Bibi, a paralysis patient who has lived her entire life in Assam, the declaration is more than a legal win. It is a validation of identity long denied and a hard-won end to state-inflicted trauma that began when a notice suddenly arrived accusing her of being a Bangladeshi.


Banasha Bibi along with her husband, outside their home

The Case: A forgotten reference resurfaces

Banasha Bibi was born in 1968 in Barbakhara village, Manikpur police station, Bongaigaon district, to Batalu Sardar (also known as Batasu Sardar) and Ajufa Khatun. She married Rafijal Ali in 1980 and has resided in Assam her entire life, raising thirteen children. Despite possessing valid Indian documents across decades, Banasha Bibi was suddenly served a notice in 2022, twenty years after a reference was made in 2002 (Ref. No. IM(D)T/Case No. 761/2002), accusing her of being an illegal migrant from Bangladesh.

For twenty years, Banasha was unaware that her citizenship had been challenged. The tribunal admitted that the delay itself raised serious concerns, and that the investigation violated basic legal norms. Despite this, she was forced to prove her citizenship—an overwhelming task for someone with no legal training, limited mobility, and minimal resources. That’s when CJP stepped in with full legal, paralegal, and logistical support.

A deeply flawed investigation

CJP’s legal team, led by Advocate Dewan Abdur Rahim, junior advocate Sahidur Rahman, and state in-charge Nanda Ghosh, methodically dismantled the case against Banasha by submitting robust documentation and witness testimony to the Tribunal. The CJP legal team exposed the severe procedural violations and falsehoods underpinning the reference against her:

  • No investigation was conducted: The Investigating Officer (I.O.) submitted a fabricated report. He never visited her home, never issued a notice, and never examined any witnesses. Statements supposedly recorded from Banasha Bibi and others were concocted without interaction.
  • No documentary evidence seized: The I.O. failed to seize or produce any document—passport, identification, or otherwise—to substantiate the claim that Banasha Bibi was a foreigner.
  • No proof of foreign origin: The inquiry report lacked the name or address of any foreign country, and did not trace any alleged cross-border movement.
  • Violation of legal procedure: There was no compliance with the procedure mandated under the Foreigners Act or principles of natural justice. Crucially, the notice reached Banasha only in 2022—20 years after the case was registered, making the very reference barred by limitation.
CJP’s Assam Team with Banasha Bibi outside her home

CJP’s Legal Defence: Documents, testimony, and due process

CJP provided comprehensive legal and paralegal support, filing affidavits, marshalling evidence, and presenting multiple witnesses. CJP placed on record a comprehensive set of documents that proved Banasha Bibi’s deep roots in Assam, including:

  • Voter lists:
    • Her father, Batalu Sardar, appeared in the 1959, 1966, and 1970 rolls—long before the March 25, 1971 cut-off.
    • Banasha herself was listed as a voter in 1989, 1993, 1997, 2006, 2010, 2019, and 2022.
  • Identity documents:
    • Elector Photo Identity Card (EPIC) 
    • Aadhaar Card 
    • PAN Card
    • Ration Card
    • One from Secretary, Nowapara Gaon Panchayat, affirming her identity and parentage.
    • A second confirming her marriage to Rafijal Ali and her family lineage from the same locality.
  • Gaon panchayat certificates:
    • One from Secretary, Nowapara Gaon Panchayat, affirming her identity and parentage.
    • A second confirming her marriage to Rafijal Ali and her family lineage from the same locality.

Oral Testimony:

  • DW-2 (GP Secretary Mrinendra Sarma) authenticated the certificates issued from GP records.
  • DW-3 (Rajab Ali) testified as her brother, identifying Batalu Sardar as their father and confirming their shared familial history.
  • DW-4 (Sahalam Ali), a neighbour, corroborated that Banasha was born and raised in Barbakhara.

These testimonies met the standard under Section 50 of the Indian Evidence Act, proving her parentage and longstanding community recognition.

The Tribunal’s Verdict: Citizenship proven beyond doubt

In his reasoned order, Tribunal Member Dulal Saha accepted the documentary and oral evidence, affirming that Banasha Bibi was born in Assam, had lived there continuously, and had cast votes for decades. On July 25, 2025, CJP’s Assam team formally handed over the tribunal’s certified order to Banasha Bibi’s family at Barbakhara. Her family expressed deep gratitude to CJP for their unwavering support in the face of state negligence and intimidation.

Banasha Bibi’s acquittal is a personal victory, a legal triumph, and a moral indictment of Assam’s discriminatory foreigner detection regime. Her case underscores how citizenship trials have become tools of marginalisation, not justice. 

It also reveals the essential role of civil society organisations like CJP in safeguarding constitutional rights when the state fails its own people.

Banasha’s courage, despite her health condition, and CJP’s tireless advocacy have restored one woman’s legal identity—but thousands remain entangled in similar, unjust proceedings. As Assam continues to witness arbitrary detentions and foreigner references, the case of Banasha Bibi stands as both a victory and a warning: the Constitutional promise of equality and due process must not be hollowed out by bureaucratic callousness or prejudice.

The order may be read here.

 

Related:

“She Can’t Just Disappear”: Gauhati High Court told as state fails to produce handover certificate in Doyjan Bibi “pushback” case

Gauhati High Court seeks Centre’s May 2025 deportation notification as legality of re-detention of Abdul Shiekh and Majibur Rehman is scrutinised

Confusion over identity clouds ‘pushback case’ of Doyjan Bibi, Gauhati High Court directs state to verify true identity and whereabouts

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Alijon Bibi’s 20-year battle ends in justice, CJP helps secure her citizenship after 2-year legal battle https://sabrangindia.in/alijon-bibis-20-year-battle-ends-in-justice-cjp-helps-secure-her-citizenship-after-2-year-legal-battle/ Fri, 11 Apr 2025 07:17:03 +0000 https://sabrangindia.in/?p=41087 With the help of Citizens for Justice and Peace, a Muslim woman from Assam finally reclaims her Indian citizenship after two decades of legal struggle, bureaucratic hurdles, and social stigma

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I pray that you all can help other people too.” These were the words of Alijon Bibi, spoken in the Deshi dialect, as she held the Tribunal judgment that restored her dignity and declared her an Indian citizen. Her prayer was not only for herself, but for the countless others in Assam living under the threat of statelessness. On April 8, 2025, Assam legal team of Citizens for Justice and Peace (CJP) visited Alijon Bibi’s home to deliver the news: after nearly two decades of struggle, she was no longer a suspected foreigner.

This is the story of resilience, legal perseverance, and an unjust system that continues to persecute the marginalised on the basis of ‘doubt’.

Background: Suspicion cast on a woman born in independent India

Alijon Bibi, a Muslim woman born on February 25, 1955 in Gopalerkuti village, Coochbehar district, West Bengal, was referred to the Foreigners Tribunal (FT) in Assam in 2004 under the Illegal Migrants (Determination by Tribunals) Act, 1983. She had moved to Assam after marrying Rahman Ali from Boromera village, Dhubri district, approximately 53 years ago. Despite having lived, voted, and raised five children in Assam, she was labelled a “doubtful voter” and suspected of being an illegal Bangladeshi migrant. The reference continued even after the IMDT Act was struck down in 2005 and was re-registered as FT-10/AGM/2297/2020 under the Foreigners Act, 1946.

The Tribunal notice sent to Alijon Bibi tore through her family’s life. Sheikh Alimuddin, father of Alijon, was 31 years old when India gained independence, yet decades later, his daughter was being persecuted as an illegal foreigner. She had voted in Assam since 1985, yet the stigma of being suspected as a foreigner was unbearable. The social repercussions were equally severe—her son, a respected Mufti at the local mosque, began facing questions. The family requested CJP not to disclose the case to their neighbours for fear of social ostracisation. Their dignity had come under attack.

For a woman whose father had voted in Indian elections in 1966 and owned ancestral land in West Bengal, it was a cruel irony to be forced to prove her belonging in her own country.


CJP Assam Team with Alijon Bibi

Mounting the Defence: CJP’s tireless efforts

From the moment CJP took on her case, it became a meticulous process of documentation, field visits, and advocacy. CJP’s para-legal team, especially Dhubri’s District Volunteer Motivator (DVM) Habibul Bepari, tracked down her family history and vital records in both Assam and West Bengal. CJP’s advocate, Mr. Iskandar Azad, and team conducted extensive follow-ups with government offices to collect original documents and arrange witnesses.

One of the biggest hurdles was securing witnesses from West Bengal—an entirely different state—to testify in an Assam court. Repeated visits were made to the Pradhan’s house in Balabhut Gram Panchayat to convince him to appear before the Tribunal. This logistical nightmare illustrates how citizenship battles can be stacked against the poor and marginalised.

Legal arguments and documentary evidence presented

In her written statement and oral testimony, Alijon asserted that she was a citizen of India by birth. She supported her claim with the following:

Primary legal evidence:

  1. Voter list of 1966 (Ext A): Proved her father Sekh Alimuddin was a registered voter under Tufanganj constituency, West Bengal. This document was authenticated by the Director of the Directorate of State Archives, Government of West Bengal, who confirmed it was genuine.
  2. Land records (Ext C): Certified copy of land in her father and uncles’ names—prepared in 1955—proving their residence and landholding before January 1, 1966.
  3. Multiple voter lists (Ext D, E, M, N): Her name appeared in Assam voter rolls from 1985, 1997, 2010, and 2022 alongside her husband and children, showing continued residence.
  4. Identity documents (Ext G, H, I): Voter ID, Aadhaar card, PAN card—supporting evidence of Indian identity and address.
  5. Brother’s testimony (DW-2): Mojammel Hoque corroborated her family background and origin. He submitted his own verified voter ID, Aadhaar, and PAN details as additional linkage evidence.
  6. Official witnesses:
    • DW-3: Head Clerk of Block Land and Land Reforms Officer, Tufanganj, who authenticated Ext C.
    • DW-4: Gram Pradhan from Balabhut Gram Panchayat confirmed earlier issuance of linkage certificate (though it was ultimately not relied upon due to documentation gaps).

Tribunal’s Finding: Not a foreigner

After reviewing all documents and depositions, the Tribunal noted:

  • The 1966 voter list and 1955 land records proved her father’s Indian citizenship.
  • Her own presence in voter rolls since 1985 confirmed continuous residence and civic participation.
  • No rebuttal evidence was offered by the state; the referral authority itself had noted that she did not appear to be a foreigner.

The Tribunal concluded by holding Alijon Bibi to be a citizen of India.

Broader Implications: Citizenship trials and structural injustice

Alijon’s case is emblematic of the deeply flawed citizenship determination process in Assam. Despite clear documentary proof and a history of voting in Indian elections, she was forced to prove her “Indianness” in a quasi-judicial proceeding lasting nearly two decades.

This process places an unfair evidentiary burden on the accused, often the poor, rural, and marginalised, while the state is not required to prove its claims. Women like Alijon, who move to another state after marriage and often lack birth certificates, are especially vulnerable.

Despite societal stigma and bureaucratic hurdles, Alijon and her family now speak openly, hoping their story will inspire others to resist. On April 8, when CJP state in-charge Nanda Ghosh, Dhubri’s DVM Habibul Bepari and office driver Asikul Hussain went to Alijon’s house to handover the FT order, she told the CJP team:

“Allah gives you strength to be with poor people. I’ll pray to Allah.”


Alijon Bibi sits holding the order that proves her citizenship along with her husband out their home

Her recognition as an Indian citizen is not just a personal triumph, but a powerful indictment of a system that continues to cast suspicion on its most vulnerable. It is a reminder that legal advocacy, community support, and collective resolve can still defeat institutional injustice.

The order may be read here.

 

Related:

CJP Triumph: Bipul Karmakar wins citizenship battle after a two-year struggle

SC: Only 10 deported, 33 of 63 contest foreigner status from the Matia Transit Camp, Assam

Ajabha Khatun, among the 63 facing detention in Assam, seeks Supreme Court intervention, emphasis on pending legal remedies

Relentless Pursuit of Justice: CJP’s Advocacy for Citizenship Rights in Assam

CJP triumphs in securing bail for Assam’s Sahid Ali: A step towards restoring citizenship

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Triumphant Win for CJP: Jamila Khatoon, Assamese Bengali Muslim, officially recognised as Indian Citizen https://sabrangindia.in/triumphant-win-for-cjp-jamila-khatoon-assamese-bengali-muslim-officially-recognised-as-indian-citizen/ Thu, 25 Jul 2024 11:36:08 +0000 https://sabrangindia.in/?p=36882 With the help of the CJP legal team, Jamila received justice after 1 year and 4 months as her citizenship gets affirmed by the Foreigners Tribunal

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The North-Eastern state of Assam is, at present, grappling with two main problems: flooding and flood induced displacement, and the issue of those being deemed “outsiders” in their own country. Following the National Register of Citizens (NRC) update, numerous cases have been filed before the Foreigner Tribunal (FT), and a variety of government efforts have allegedly been implemented to address the issue of “illegal migration.” One point that still has to be addressed as we go through this process of questioning individuals and requiring them to provide proof of their nationality is if the entire controversy surrounding the presence of “Bangladeshis” in Assam is being created by the state. Is a broken system causing us to create an “outsider” within India?

Large numbers of vulnerable individuals, especially members of linguistic minorities, such as Bengalis, and religious minorities like Muslims, are being targeted by the state government and put under scrutiny. In most cases, cases are initiated against people belonging to minority communities without any justified doubt, as was highlighted by the Supreme Court in its recent judgement. The Tribunals and Courts have also come under fire for declaring individuals as foreigners for minor discrepancies in their documents. Through the efforts put in by the team of Citizens for Justice and Peace (CJP), these disenfranchised people in Assam have been provided support in their continuous fight to be recognised as nationals of India and attain their right to citizenship. One such victim was Jamila Khatoon, a woman who born and raised in Assam. Even as she possessed all the required documentation to prove her citizenship, she was abused, hounded, and entangled in the web of illegal estrangement under the guise of having to prove her Indian nationality. Despite her legitimate claims, she was accused of being a foreigner. However, with CJP’s intervention, Jamila finally received justice, and her citizenship was affirmed.


Jamila Khatoon with the CJP Assam Team

The legal battle to prove Jamila’s citizenship:

Jamila Khatoon @ Jomila @ Jamila Kahtoon, a 58-years-old Bengali speaking Muslim woman from Village Dologoan under Dhaligoan police station of Chirang District, Assam, had been living a peaceful life with her family until March 2, 2023. On that particular day in March, her world turned upside down when she received a notice from the Assam Border Police, accusing her of being a suspected foreigner and ordering her to appear before the Foreigners Tribunal to prove her citizenship.

Devastated and desperate, Jamila’s family reached out to the team of CJP for legal assistance. The CJP team took up her case and fought tirelessly for over a year, providing legal support, documentation, and emotional comfort to Jamila and her family.

In order to substantiate and prove Jamila’s citizenship in the Tribunal, the CJP team diligently collected documentation, proof, and eyewitness accounts to be submitted as evidence. All along the same, the CJP team kept providing Jamila and her family with emotional and mental support as the fear of losing their citizenship, getting detained and being taken away from their families causes anxiety and concern with people put under scanner. There have been cases documented wherein those accused of being foreigners have gone to the length of causing themselves bodily harm, making it essential that Jamila and her family keep their trust on the CJP team as well as the legal justice system.

The legal representative of Jamila, a part of the CJP legal team, argued in the Foreigners Tribunal that the inquiry report provided by the investigating officer in the case of Jamila was fraudulent and did not follow the correct procedures. It was submitted by the counsel that the investigating officer never went to Jamila’s residence, as was required by the procedure laid down by law. Additionally, the counsel provided that even the recorded testimonies provided as a part of the report were submitted to the Tribunal without the officer questioning any such witnesses. the so-called witnesses’ remarks were recorded. It was the case of the legal counsel that the investigating officer did not record any documentation, passport, or supporting documentation that was provided to them to support Jamila’s claimed foreign nationality.

In furtherance to this, the legal counsel also established that established procedure was not followed in Jamila’s case as no notice was issued to Jamila to appear or provide documents to prove her citizenship. As per the legal counsel, the same was a violation of the due process of law and cause injustice to the accused. Additionally, it was brought to Tribunal’s notice that the said case was also barred by the law of limitation, as it was registered in 2010, and Jamila received notice in 2023, a total of 13 years after the investigation began.

It is essential to highlight that even after there being major flaws in the case against Jamila, Advocate Dewan Abdur Rahim and his junior Advocate Sohidur Rahaman provided the necessary documentation to the Tribunal to establish her citizenship and prove that Jamila was a citizen of India by birth.

It was after a gruelling 1 year and 4 months that the CJP legal team was able to establish that Jamila was a citizen of India. The long legal battle revealed a positive result with the Tribunal finally declared Jamila to be an Indian!


Jamila Khatoon holds us the order declaring her Indian Citizenship outside her home

Jamila Khatoon- an Indian!

On July 17, 2024, on behalf of the CJP team, Assam State Incharge Nanda Ghosh, DVM Abul Kalam Azad, and legal team member Dewan Abdur Rahim handed over the judgment copy to Jamila Khatoon, who was overwhelmed with gratitude and relief. Her emotions of thankfulness and delight had replaced her tears of dread and concern. Jamila narrated how fearful she had felt since the case began, with the anxiety of being called a foreigner and having her future snatched away.

“I used to cry every day, I couldn’t sleep most nights, I was scared,” Jamila shared, with her eyes welling up with tears. “I’m not Bangladeshi, but still, I was scared.”

Jamila praised the CJP team for their constant support and commitment to fighting for the rights of marginalized people like herself, saying that she was now at peace. She offered up prayers for the team.

“I just called Allah and trusted that these sons (Team CJP) would save me,” she says, her voice filled with gratitude.

Jamila’s story demonstrates the difficulties that are being encountered by numerous innocent people in Assam who are falsely suspected of being foreigners. She was suspected of being a Bangladeshi even though she had all the documentation required to prove her citizenship and had been born and raised in Assam. Now, Jamila can finally sleep peacefully, knowing that her citizenship is secure, and she is free from the fear of being labelled a foreigner.

The order of the Tribunal can be accessed here.

 

Related:

Supreme Court: “Authorities cannot randomly accuse people of being foreigners, initiate investigation without material basis”

CJP Impact: Another elderly couple rejoice as their citizenship is restored with CJP’s help

Victory! One more Indian gets their citizenship back with the help of CJP!

 

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Over 16 lakh Indians renounced citizenship since 2011, 2.5 lakh in 2022 alone: GoI https://sabrangindia.in/over-16-lakh-indians-renounced-citizenship-2011-25-lakh-2022-alone-goi/ Fri, 10 Feb 2023 05:50:15 +0000 http://localhost/sabrangv4/2023/02/10/over-16-lakh-indians-renounced-citizenship-2011-25-lakh-2022-alone-goi/ While canvassing for India as the ‘mother of democracy’ the union government is forced to admit that large sections of middle to high net worth Indians seeking fortunes abroad

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Indian Citizenship
Image Courtesy: pgurus.com

The significant number of Indians who gave up Indian citizenship since 2011 totals 16,63,440.

Over 16 lakh Indians have renounced their Indian citizenship since 2011 including 2,25,620 last year. This was admitted by the external affairs minister, S Jaishankar replying to a question in the upper house of Parliament, the Rajya Sabha on Thursday, February 9.

The details were provided in response to a question. The minister said that the number of Indians who renounced their Indian citizenship in 2015 was 1,31,489, while 1,41,603 people gave it up in 2016 and 1,33,049 in 2017. In 2018, the number was 1,34,561 persons leaving for foreign shores. There appears to be a steadfast increase in numbers since 2014 and more especially since 2019, the second term of the present regime. While in 2018, the number for the year was 1,34,561, in 2019 it was 1,44,017. The first year of the Covid-19 pandemic and subsequent lockdown –2020– also saw 85, 256 Indians renouncing their citizenship and then,  1,63,370 in 2021. The number in 2022 was 2,25,620, according to the minister.

Giving a background Jaishankar said that even in previous years like 2011 (the second term of the UPA government) saw 1,22,819 Indians leave while the numbers were 1,20,923 in 2012, 1,31,405 in 2013 and 1,29,328 in 2014. Hence, the total number of Indians who gave up Indian citizenship since 2011 comes to 16,63,440.

To a specific query, he said, according to information, five Indian nationals obtained citizenship of the United Arab Emirates during the last three years. Jaishankar also provided a list of 135 countries whose citizenship Indians acquired.

January 2023

Earlier this year, launching an attack on the hype and propaganda of the NDA 2 government, especially over Indians seeking fortune and home overseas, the Congress on Tuesday, January 10, asked Prime Minister Narendra Modi if he would talk about the issues that are forcing such a “high number” of Indians to move out of the country in search of “achche din” happy days). 

Congress party spokesperson Gourav Vallabh hasd elaborated on the issue and stated that data from the Ministry of External Affairs showed that 1,83,741 people renounced their Indian citizenship in the first 10 months of 2022, which amounts to 604 people leaving the country every day. This figure, he said, is 1.7 times higher than the figure of 2014, when on an average 354 people gave up their Indian citizenship every day.

According toe the Congress, he stated that there were six reasons behind many Indians renouncing their citizenship — the consistent high unemployment rate, low growth opportunities due to demonetisation and flawed implementation of the Goods and Services Tax (GST), the country’s poor standings in three global indices related to hunger, gender gap and press freedom, and the country having the maximum number of the poor in the world. He made no reference to the public discourse of hate as also the vendetta-driven regime of the Centre in weaponisation of law enforcement agencies to target voices of dissent and the opposition, however.

Addressing a press conference, Vallabh asserted that the majority of people leaving India are high net worth individuals (HNIs) and asked if the prime minister would address the issues compelling them to leave the country in his ‘Mann ki Baat’ radio address.

Elaborating on the issue, he also said that of those who gave up Indian citizenship in 2022, around 7,000 had an annual income of more than Rs 8 crore.

“Why are 600-plus people giving up their Indian citizenship per day and why the number of Indian people leaving the country’s citizenship increased by 1.7 times,” he asked. Vallabh wondered whether this is “real Amrit Kaal” that the prime minister talks about.

January 2022

Last year, Union Minister of State for Home Nityanand Rai informed the Lok Sabha in the winter session of the Indian Parliament that, over six lakh Indians have given up their citizenship in the past five years,. This data was supported the information available with the Ministry of External Affairs.

The Union MoS was responding to a question and submitted a written reply as well. According to the data, the following is the data of how many people gave up their citizenship each year since 2017. The data for 2021, this year, was only available till September 10. 

Year

Number of people who gave up Indian citizenship

2017

1,33,049

2018

1,34,561

2019

1,44,017

2020

85,248

2021(Up till Sept 10)

1,11,287

This shows that 1,33,049 Indians gave up Indian citizenship in 2017, 1,34,561 in 2018, 1,44,017 in 2019, 85,248 in 2020 and 1,11,287 till September 30, 2021.

Related:

Where are the ‘ache din’ with number of citizens giving up citizenship 1.7 times higher than 2014? Congress

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Where are the ‘ache din’ with number of citizens giving up citizenship 1.7 times higher than 2014? Congress https://sabrangindia.in/where-are-ache-din-number-citizens-giving-citizenship-17-times-higher-2014-congress/ Thu, 12 Jan 2023 06:37:34 +0000 http://localhost/sabrangv4/2023/01/12/where-are-ache-din-number-citizens-giving-citizenship-17-times-higher-2014-congress/ Congress spokesperson Gourav Vallabh said data from the Ministry of External Affairs showed that 1,83,741 people renounced their Indian citizenship in the first 10 months of 2022, which amounts to 604 people leaving the country every day

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Citizenship
Image Courtesy: nagalandpage.com

Taking a sharp dig at the hype and propaganda of the NDA 2 government, especially over Indians seeking fortune and home overseas, the Congress on Tuesday, January 10, asked Prime Minister Narendra Modi if he would talk about the issues that are forcing such a “high number” of Indians to move out of the country in search of “achche din” happy days). 

Congress party spokesperson Gourav Vallabh said data from the Ministry of External Affairs showed that 1,83,741 people renounced their Indian citizenship in the first 10 months of 2022, which amounts to 604 people leaving the country every day. This figure, he said, is 1.7 times higher than the figure of 2014, when on an average 354 people gave up their Indian citizenship every day.

He mentioned six reasons behind many Indians renouncing their citizenship — the consistent high unemployment rate, low growth opportunities due to demonetisation and flawed implementation of the Goods and Services Tax (GST), the country’s poor standings in three global indices related to hunger, gender gap and press freedom, and the country having the maximum number of the poor in the world. He made no reference to the public discourse of hate as also the vendetta-driven regime of the Centre in weaponisation of law enforcement agencies to target voices of dissent and the opposition, however.

Addressing a press conference, Vallabh asserted that the majority of people leaving India are high networth individuals (HNIs) and asked if the prime minister would address the issues compelling them to leave the country in his ‘Mann ki Baat’ radio address.

Elaborating on the issue, he also said that of those who gave up Indian citizenship in 2022, around 7,000 had an annual income of more than Rs 8 crore.

“Why are 600-plus people giving up their Indian citizenship per day and why the number of Indian people leaving the country’s citizenship increased by 1.7 times,” he asked. Vallabh wondered whether this is “real Amrit Kaal” that the prime minister talks about.

Persisting on the issue, the Congress spokesman also posed a set of four questions to the prime minister. Vallabh asked,  “Will he address the issue in his ‘Mann ki Baat’ programme on Sunday and why are ‘achche din’ not coming to Indians in India.” He also noted that Indians have now started investing abroad instead of domestically, asking why ‘achche din’ are coming for Indians outside India and not within the country. Vallabh also said this was bound to happen as India’s global ranking is falling on various parameters, with a consistent high unemployment ratio.

Quoting from CMIE data, he said that in 2022, unemployment level was more than 7 per cent in nine out of 12 months and the figure was 8.3 per cent in December 2022 and in case of urban unemployment, it was 10.9 per cent. The Congress leader said the economic premise of the country, which used to provide employment, has been demolished and that is why the government felt the need of hand-holding people by giving free ration to 80 crore citizens.

He also said India’s 107th rank in the global hunger index out of a total of 121 countries, 135th rank out of 146 in the global gender gap index and 150th rank out of 180 countries in the global press freedom index are some of the reasons behind people giving up Indian citizenship.

Besides, he said, due to the twin shocks of demonetisation and “flawed” implementation of GST, GDP growth fell from 8.3 per cent in financial year 2017 to 3.7 per cent in financial 2020 and the economy has not been able to recover fully till now. Vallabh also flagged the issue of India having the maximum number of poor in the world as one more factor behind people giving up Indian citizenship.

Relying on a joint research report of UNDP and Oxford University, he said that in 2020, there were 22.89 crore people in India who were below the poverty line, and 79 per cent of the people who became “extremely poor” globally during the pandemic were Indians.

He also alleged that the government has not passed on the benefits of cheap crude oil brought from Russia to consumers. As the global crude oil price has decreased considerably, there is a scope of cutting petrol and diesel prices by Rs 20-25 per litre, he said, adding if the Centre decreases the price, the VAT imposed by state governments will automatically get reduced.

Related:

BJP: Promise of Acche Din, Fake Encounters and Political Alternative

‘Acche Din’ only for Crorepati Candidates – Poll Affidavits show a cumulative asset growth of Rs. 142.5 crore

 

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I’m grateful to CJP for defending my citizenship: Mujafar Hosen https://sabrangindia.in/im-grateful-cjp-defending-my-citizenship-mujafar-hosen/ Fri, 12 Aug 2022 13:08:45 +0000 http://localhost/sabrangv4/2022/08/12/im-grateful-cjp-defending-my-citizenship-mujafar-hosen/ The 63-year-old had been served a Suspected Foreigner notice by the Assam Border Police and asked to appear before a Foreigners’ Tribunal

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Indian Citizenship

On August 10, the Assam Team of Citizens for Justice and Peace (CJP) helped yet another Assam man achieve closure when we delivered to him a copy of a Foreigners’ Tribunal (FT) order declaring him Indian. Until then, 63-year-old Mujafar Hosen had been riddled with anxiety, which also had an impact on his health.

Hosen, a farmer, is the son of Nayabulla Sheikh and is a resident of Dharai village (Part 1 – Bazar), which falls under the jurisdiction of theLakhipur police station of Goalpara district in Assam.He has three sons – one works in a private firm, another is a labourer and the third is a student of class seven.

On March 6, 2022, when CJP District Volunteer Motivators (DVM) Zesmin Sultana and Roshminara Begum visited him, he told them that he had been served Suspicious Foreigner notice a few days ago, and had been asked to defend his citizenship before an FT.

“He had been asked to appear before the FT No. 3 – Goalpara for the first time on March 15. The CJP team agreed to help him, and Advocate AshimMobarakfrom our legal team appeared for him before the FT on that day,” informs Sultana.

Advocate Mobarak defended Hosen’s case (FT Case No – 1741/GLP/2022). With CJP’s help, Hosen submitted the following documents:

  • Certified copy of the voters list of 1960 containing his father’s name and voters lists of 1966 and 1970 containing his mother’s name

  • Certified copies of Khatian (a type of land document) in the name of his father from 1962 and 1966

  • Certified copy of voters lists of 1979, 1985, 1997, 2005, 2015 and 2021 containing Mujafar Hosen’s own name

He also submitted that that he was born and raised in Chotokalia village, which falls under the jurisdiction of South Salmara Police Station that was at that time a part of the Goalpara district.

Indian Citizenship

Finally, our efforts paid off and the FT ruled in favour of Hosen. The FT ruled, “Considering the entire material on record… Mujafar Hosen is not foreigner as such; he acquired citizenship of India by birth.”

On August 10, we got a copy of the FT order and delivered it to Hosen. Feeling much relieved, he said, “When I first received the notice, I began to been extremely nervous. But the CJP team gave me courage and I felt grateful that they had agreed to help me navigate this crisis.”

Hosen who had been ailing for sometime said, “My health had been declining, especially after receiving the FT notice, but now that I have been declared Indian with CJP’s help, I feel cured! It as if my health and happiness have both been restored.”

A copy of the FT order may be read here:

Related:

CJP helps another Assam woman defend her Indian citizenship
CJP helps another Indian citizen defend his citizenship in Assam
CJP’s intervention was God sent: Rupbhanu Bibi
Dalit widow spared life behind bars due to CJP’s intervention

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Give online applications for Indian citizenship under CAA: MHA https://sabrangindia.in/give-online-applications-indian-citizenship-under-caa-mha/ Sat, 29 May 2021 13:58:49 +0000 http://localhost/sabrangv4/2021/05/29/give-online-applications-indian-citizenship-under-caa-mha/ The Ministry issued notification inviting refugees belonging to non-Muslim communities from Afghanistan, Pakistan and Bangladesh to apply for citizenship under the amended Citizenship Act.

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Image Courtesy:catchnews.com

The Ministry of Home Affairs seems to have set the ball rolling on its most controversial and anti-constitutional piece of legislation, the Citizenship Amendment Act, 2019. On May 28, the Ministry has issued a notification while exercising its powers under section 16 of the Citizenship Act, effectively inviting applications for Indian citizenship from persons from Afghanistan, Bangladesh and Pakistan belonging to minority communities i.e., Hindus, Sikhs, Buddhists, Jains, Parsis and Christians.

The MHA has extended its powers under section 5 of Citizenship Act of registering as a citizen and under section 6 of granting certificate of naturalisation to the District Collector of :

(i) Morbi, Rajkot, Patan and Vadodara in the State of Gujarat ;

(ii) Durg and Balodabazar in the State of Chhattisgarh ;

(iii) Jalore, Udaipur, Pali, Barmer and Sirohi in the State of Rajasthan ;

(iv) Faridabad in the State of Haryana ; and

(v) Jalandhar in the State of Punjab

Further, the powers have also been extended to the Secretary of the Department of Home of the States of Haryana and Punjab within whose jurisdiction the applicant is ordinarily resident.

The notification also sets out procedures for application and eventual verification. The applicant belonging to a minority community as deemed by the Citizenship Act and hailing from Afghanistan, Pakistan or Bangladesh has to apply for citizenship online and the verification of this application shall be done by the Collector at district level or the Secretary at the state level. These applications and reports are to be made accessible simultaneously to the Central Government on an online portal.

The Collector or Secretary is required to make such inquiry as deemed necessary for ascertaining the suitability of the applicant which may include forwarding the application to such agencies for verification and comments as may be required. The notification states that the instructions issued by the central government from time to time in this regard shall be strictly complied with.

The Collector or Secretary is empowered to grant citizenship to the applicant on being satisfied with his suitability. This citizenship will be by registration or naturalisation and certificate of registration or naturalisation will be accordingly issued.

The Collector or Secretary is required to maintain an online as well as physical register containing the details of the person so registered or naturalised as a citizen of India and furnish a copy of the same within 7 days.

At a time when the country has not shown any significant signs of recovering from a major pandemic crisis, the very fact that the home ministry is bent upon implementing its discriminating law which had sparked outrage among the larger public and had forced them to take to the streets bodes ill for future policy intents and initiatives. It appears that divisive politics will continue to override all other concerns of the Modi 2.0 regime. While several of the young protestors have been put behind bars and others continue to languish under the guise of having conspired the Delhi violence of February 2020, the MHA’s move to go ahead and implement the law is not just  brazen but a flagrant violation of any commitment to dissent within a democracy. 

The notification may be read here:

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CJP helps Amala Das get released on bail from Assam Detention Camp
Mark India as “country of particular concern”: USCIRF
Yet another NRC reverification plea moved before SC

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Gauhati HC restores Indian citizenship of a woman declared a foreigner in 2017 https://sabrangindia.in/gauhati-hc-restores-indian-citizenship-woman-declared-foreigner-2017/ Tue, 30 Mar 2021 13:41:14 +0000 http://localhost/sabrangv4/2021/03/30/gauhati-hc-restores-indian-citizenship-woman-declared-foreigner-2017/ The woman was declared Indian in 2013, but a foreigner in 2017 for dissimilarities in information

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Image Courtesy:thenortheasttoday.com

The Gauhati High Court has passed an order in favour of a woman who was declared an Indian in 2013, and subsequently a foreigner in 2017 by the Foreigners’ Tribunal in proceedings initiated against her.

Justices N. Kotiswar Singh and Manish Choudhury held that the findings by the Foreigners’ Tribunal in the second proceedings in 2017 were barred by the principle of res-judicata followed by the Apex Court’s decision in Abdul Kuddus Vs Union of India.

The concept of res judicata means when a matter is finally decided on its merits by a court having competent jurisdiction, it cannot be subjected to litigation again between the same parties.

The petitioner had argued that she had been declared an Indian citizen earlier by the Foreigners’ Tribunal, but had not been accepted by the Tribunal in subsequent proceedings, as there were dissimilarities in the names of her father and husband in the two proceedings.

The court observed that the petitioner Bulbuli Bibi’s husband’s name had been Najimuddin in one reference and in the other reference, he had been referred to as Nazim. The name of village and the police station remained the same. Similarly, the name of the petitioner’s father had been recorded as late Giapuddin Fakir in the first proceeding and as Giyas Fakir in the second.

The court however noted that although the two references were made, it appeared that the persons sought to be proceeded in the two references appear to be the ‘same person’. The Bench held, “Thus it appears that the only difference or inconsistency is about the difference is the name of the husband, viz, Nazim and Najimuddin. We feel that this difference is minor and not substantial and hence can be ignored. Similarly, the name of the father of the proceeded has been recorded as late Giapuddin Fakir in the first proceeding and in the second proceeding, it has been recorded as Giyas Fakir. We are also of the opinion that these are minor variations, and as such the same can be ignored.”

Hence the court opined that as the petitioner Bulbuli Bibi had not been declared a foreigner by the Foreigners’ Tribunal in the earlier proceeding, she could be declared as an Indian citizen. The Division Bench also recorded “that her husband is an Indian Citizen and has not been declared a foreigner.”

The order may be read here: 

Related:

Deadline to challenge ex-parte FT decision valid only when notice is served: SC
New FT members to work exclusively on NRC exclusion cases in Assam?
104-year-old ‘declared foreigner’ dies asserting his Indianness in Assam

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927 Sikhs and Hindus granted citizenship since 2018 https://sabrangindia.in/927-sikhs-and-hindus-granted-citizenship-2018/ Thu, 12 Dec 2019 12:54:16 +0000 http://localhost/sabrangv4/2019/12/12/927-sikhs-and-hindus-granted-citizenship-2018/ In one of the questions on December 11 in Rajya Sabha came a question from Dr. Kirodi Lal Meena of BJP seeking data on citizenship given to refugees from particularly Afghanistan and Pakistan.

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Citizenship
Image Courtesy: Getty Images
 

The questions asked for data on number of Sikh and Hindus refugees who entered India in the past 3 years from these two countries, the number of these refugees granted citizenship and asked for a timeline as to when the rest of the refugees will be granted Indian citizenship.

The Ministry of Home Affairs (MHA) stated that 391 Afghani and 1595 Pakistani migrants, have been granted Indian Citizenship in the last 3 years i.e. from 2016 to 2018. Further, the Ministry also provided data of the current year stating that 40 Afghani and 712 Pakistani migrants have been granted citizenship in 2019 until December 6.

The government further said that in 2018 they have started capturing citizenship data pertaining to migrants belonging to minority communities such as Sikh, Hindu, Buddhist, Jain, Parsi and Christian. Since this system was introduced in 2018, (total of) 927 Sikhs and Hindus from Afghanistan and Pakistan have been granted citizenship. If this data is being maintained for each community, it is unclear why the MHA has not provided separate data on Sikhs and Hindus.

The government, however said that it does not centrally maintain data regarding Sikh and Hindu refugees who have entered India from Afghanistan and Pakistan and consequently it cannot provide data on how many such refugees have not been granted citizenship yet.

Evidently, much before the Citizenship Amendment Bill could be passed by the Parliament, the government has started collating data on migrants categorizing them into their religions to use such data for their own benefit in the future. It may be used to prove its point that so many people belonging to these communities have faced religious persecution and the government has done the noble deed of giving them asylum and citizenship rights.

The Bill, however, provides for granting citizenship to migrants who entered India on or before 31st December 2014, yet the government is maintaining this data for migrants being granted citizenship after this period, the reason for the same, one cannot ascertain at this moment.

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