The issue of being declared a foreigner is once again in discussion in Assam. This time the reason is an important decision of the Supreme Court, in which the court has given a big relief to 27 people declared foreigners by the Foreigners Tribunal and has ordered re-hearing of their cases. The court said that a person cannot be declared a foreigner merely on technical grounds or without giving him an adequate opportunity of being heard. After this decision, the question has once again arisen that how is a person declared a ‘foreigner’ in India?
Especially in Assam, this issue has been sensitive for decades, because there has been a long-running dispute over illegal migration, citizenship and identity. In such a situation, this decision of the Supreme Court is not being considered limited to only 27 people, but it can also affect the way such cases are heard in future. In fact, the Supreme Court in its decision emphasized that it is necessary to follow the principle of natural justice. That is, the person who is accused of being a foreigner should get full opportunity to present his side.
Case with Foreigners Tribunal
According to the court, if the notice is not delivered properly, adequate hearing is not conducted or the documents are not properly considered, then such orders cannot stand. This is the reason why the court again sent these cases to the Foreigners Tribunal. After this decision, once again Section 9 of ‘Foreigners Act, 1946’ is in discussion. This section says that if a question arises on the citizenship of a person, the responsibility of proving his Indian citizenship will be on that person.
- The Supreme Court gave relief to 27 people declared foreigners and ordered a fresh hearing.
- The matter is related to the Foreigners Tribunal of Assam.
- Under Section 9 of the Foreign Act, 1946, the responsibility of proving citizenship lies on the person concerned.
- The court said that no one can be declared a foreigner without a fair trial.
Process after being declared a foreigner (Getty Image)
Who is declared a foreigner?
In India, if there is doubt about the citizenship of a person and the administration feels that he is not an Indian citizen, then his case is sent to the Foreigners Tribunal. This tribunal decides on the basis of available documents, witnesses and other evidence whether the person concerned is an Indian citizen or not. The number of such cases has been high in Assam because the issue of illegal migration there has been a subject of political and legal debate for a long time.
What is the complete mathematics of Section 9?
Section 9 of the Foreigners Act, 1946 is the most important link in this entire matter. The responsibility of proving any allegation lies with the party making the allegation, but the system is different in this law. If a person is suspected of being a foreigner, he himself has to prove that he is an Indian citizen. For this, birth certificate, name in voter list, land records, documents of ancestors, school certificate or other valid records can be presented.
How does the Foreigners Tribunal work?
Foreigners Tribunals are special bodies created under the Ministry of Home Affairs. Police or administration sends the case of any suspicious person here. After this a notice is issued to the concerned person. During the hearing, both sides present their respective documents and arguments. If the person cannot prove his claim, the tribunal can declare him a foreigner. However, the Supreme Court has made it clear that the entire process should be fair and according to the law.
What did the Supreme Court say?
The Supreme Court admitted that there were questions on the hearing process in these 27 cases. The court said that if a person did not get adequate opportunity or there were flaws in the process, then such orders cannot be considered justified. Therefore, all the cases have been sent to the Foreigners Tribunal for re-hearing. This does not mean that these people have been declared Indian citizens, but they have been given another opportunity to present their case.
Law of Citizenship (Getty Image)
Is Aadhar card enough?
Citizenship in India is not determined merely by having Aadhaar, PAN, Voter ID or passport. Its rules are given in Articles 5 to 11 of the Constitution and the Citizenship Act, 1955. According to law, citizenship can be obtained on the basis of birth, descent, registration, naturalization or inclusion of any new territory in India. If there is a dispute over a person’s citizenship, the court or Foreigners Tribunal examines not just the number of documents but also their validity, correspondence and the person’s relationship with his family or ancestors. Only after this the decision on citizenship is taken.
Why is this issue so big in Assam?
The issue of illegal migration from Bangladesh in Assam has been a cause of controversy for many decades. For this reason, matters related to NRC (National Register of Citizens), Foreigners Tribunal and citizenship are constantly in discussion here. Declaring a person a foreigner can have a major impact on his rights, living conditions and future. Therefore, courts consider it extremely important to follow the legal process in such cases.
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