It has been a fortnight since her release, but 50 year old Sofiya Khatoon is not the same. After spending two years and eight days in a detention camp, she is a shadow of her former self and even though she is back home, her life has not returned to normal. She lives every day with the trauma caused by her time at the detention camp.

Sofiya Khatun, a resident of Jamadarbori Village of Barpeta District in Assam was sent to the Kokrajhar Detention Camp after being declared ‘foreigner’ by a Foreigners’ Tribunal in Barpeta in October, 2016. But on September 12, Sofiya, the “foreigner” daughter of an Indian father was finally released when the Supreme Court of India passed a historic judgement that enabled the release.

A division bench of Justice Kurian Joseph and Justice Sanjay Kishan Kaul heard the Special Leave Appeal(C) No(s) 8252 and ordered the Government of Assam to release Sofiya Khatun from the Detention Camp on the signing of a Personal Release Bond.

The pleadings before India’s Supreme Court had established that Sofiya’s natal family, the father, mother and brothers of Sofiya Khatun had been found to be Indian as per the special Verification Report of the Assam Police, which was submitted to Supreme Court in accordance with directives passed earlier. The Assam Police in its inquiry report found that the father, mother and brothers, ’projected’ (read claimed) by Sofiya Khatun, all are Indian. The Assam Police also reported to the Supreme Court of India that some aspects of their citizenship needed to be investigated further.

The two member bench of the Supreme Court of India disregarded  the “Projected” theory, a construct that has emerged and been legitimised, first by the Foreigners Tribunals of Assam. Lately, even the Guwahati High Court has been responding this construct. As a result of the SC Order, that dealt with the matter without allowing the objections for the need of further investigation raises by the Assam Police, Sofiya was ordered to be released from the Detention Camp. The entire SC judgment may be read here.

The prompt relief granted by the Supreme Court of India sent a message down the line. An urgent message was directly sent to the Kokrajhar Jail Authority for the speedy release of Sofiya Khatun. Following these directives, the Kokrajhar Jail  Authorities released Sofiya Khatun from the Detention Camp on  September 13, 2018.
 

Life is not the same, even after release

How has life been for Sofiya Khatun after her release from the Kokhrajar Detention Camp? A fortnight since her release, after spending two years and eight days in a detention camp, Sofiya Khatun’s life has not returned to normal. Sofiya Khatun is now a shadow of her former self. We managed to have a brief conversation with Sofiya. She is unable to smile, fearful of articulating details about her years in detention. Fear worsens her trauma or rather extenuates it. When we tried to get her to speak on camera, she just stood there… petrified in silence. You can watch her video here:

Price of Justice

Meanwhile, Sofiya’s husband Gulzar Hussain is relieved to have her home. However, it has taken a huge financial toll on the family. Speaking to CJP he said, “I have to spend Rs. 30,000 in Foreigners Tribunal, Rs, 70,000 in the High Court and Rs. 1,50,000 in the Supreme Court. My economic condition was not enough to spend that huge sum of money. A small amount of that sum was paid by myself and the rest was given by my father-in-law’s family. They paid it even while working as wage labourers outside the state.” But he also declined to speak on camera.
Shahjahan Ali Ahmed, President of the Assam Citizenship Rights Preservation Committee, who has been following Sofiya Khatun’s case, said, “I am grateful to the Supreme Court for finally giving Sofiya Khatoon justice. But, the family had to run from pillar to post. from the Foreigners’ Tribunal to the Gauhati High Court and finally the Supreme Court. This case has destroyed them financially. They had had to mortgage land, even their cows!”

Meanwhile, the Assam Citizenship Rights Preservation Committee have raised a demand for the paying of  Rs. 10,00,000 for the illegal harassment of Indian Citizens by dubbing them ‘foreigners’.

Ahmed also says that the condition of detention camps needs urgent improvement. He says, “The food is inedible, the sanitation facilities are deplorable. The conditions are inhuman!”

Shajahan Ali Ahmed also demands that the Foreigners Tribunals should function under direct supervision of the Supreme Court of India.

The post SABRANGINDIA EXCLUSIVE: Free but Fearful, Sofiya Khatun on her Release from Kokhrajhar Detention Camp 15 days ago appeared first on SabrangIndia.

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January 29, 2002

To,
Chief Minister
State of Gujarat
Gandhinagar

On January 26, members of several organisations in Gujarat — volunteers, activists and intelligentsia concerned about the rehabilitation of quake–affected people — gathered at Gandhi Ashram, Ahmedabad to observe a day–long fast and also held a dharna. The chief object was to register protest against the state authorities’ oppressive treatment towards the Lok Adhikar Manch and SUCI activists in Anjar, Bhachau and Rapar.

In the last 15 days, the Lok Adhikar Manch has organised peaceful rallies for people’s fundamental right to rehabilitation. On January 25, the government authorities began the shameful task of removing huts of the quake-affected victims living in and around Bhatt-Padia and Vagad Welfare Society. As a spontaneous response to this, many people joined a rasta–roko. The police ordered a merciless lathi–charge on unarmed citizens, especially helpless women.

We strongly condemn this undemocratic step against the activists and volunteers coordinated by the Lok Adhikar Manch to fight for a common citizen’s fundamental right to food, shelter and livelihood.

For the past 10 days at least, government officials have been destroying temporary tents and accommodation of these marginalised citizens asking for perfectly democratic rights. In a region suffering from paucity of water, their water has been thrown away and there have been blatant attempts to break Kutch’s confidence and self–respect. This is led by Mr. Chhibbar, the district collector of Kutch. Several government officers willing to do their duties have been thwarted by this collector.

It seems to us that Gujarat’s year-end attempt to present a rosy picture of rehabilitation is politically motivated. With this end in view, the government seems to be making a well–planned effort to silence the voice of the people. The government must abandon this anti–democratic approach and must adopt a pro–people, constructive approach and must complete the work of rehabilitation, keeping social justice as the central concern.

1. This meeting condemns the fascist, repressive and undemocratic approach adopted by the government in Bhachau on the 25th of this month and honours the fundamental right of the people of quake–affected areas to protest democratically against injustice. The government has struck a deadly blow on the democratic spirit by thwarting the constitutional right to self–expression. We demand that this right is respected in future.

2. The police have falsely charged the seven social activists arrested on January 25 with extremely shameful crimes of spreading terror, rioting, misleading people and attempted murder of government officers. We condemn this despotic attitude of the government and demand that all these false and fabricated cases be withdrawn immediately.

3. This meeting strongly condemns the despicable, anti–people and dictatorial attitude adopted by the District Collector of Bhuj during the meeting with media and leaders of this popular movement. The collector, who tries to depict the tragedy of the earthquake as a celebration, who disdains and threatens common citizens of this country has lost the right to be on a public position. Therefore, this meeting demands that the democratic spirit of this country be saved by the immediate suspension and punitive action against Mr. Chhibbar.

4. This meeting takes serious note of the fact that a number of problems related to assistance to the quake–affected people remain unsolved. Besides, the government approach of red–tapist officialdom keeps reducing the chances of justice for the people. Therefore, this meeting asks that the government appoint with immediate effect a taskforce in each of the talukas. This taskforce should comprise an equal number of representatives of quake affected citizens, of the Lok Adhikar Manch and of the government and that they be empowered to settle the problems at the village level.

We are convinced that such a system will reduce the suffering of the quake–affected people and bring under control the rampant corruption.
Signatories:

Achyut Yagnik, SETU James C. Dabhi, Behavioural Science Centre; Francis Parmar, St. Xavier’s College; Sonal Mehta, PUHR; Prakash Shah, MSD; Girish Patel, Lok Adhikar Sangh;
Sukhdev Patel, Janpath Lalji Desai, MARAG, Cedric Prakash, Prashant Neeta Desai, MARAG;
Victor Moses, XSSS; Javed Ameer, SEED; Indukmar Jani, Naya Marg; Ashim Roy, Sophiya Khan, INSAAF; Ishwarbhai, AVSC; Daheda Dhulabhai, MVS; Dhandhuka Reshmabhai Rahabhai, SVS, Hadad, Danta Hiren Gandhi, Darshan.

Archived from Communalism Combat, January-February 2002 Year 8  No. 75-76, Campaign 2

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