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deporting illegal
Bangladeshi migrants, but only lawfully. It asserted that the demand for deleting the names of alleged 41 lakh doubtful voters from the list of 2006 on the basis of religious and linguistic profiling would prima facie be illegal, arbitrary and violative of the secular and democratic credentials of India. The court posted the matter for final hearing on 6 November 2012.
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petition seeking a direction for deportation of illegal migrants, was told that the
Government of India, as a matter of policy, "does not support any kind of illegal migration either into its territory or illegal immigration of its citizens. "It was also stated that the Government is committed to
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The court also observed "(the conviction rate under the IMDT act) comes to less than half per cent of the cases initiated...(the IMDT Act) is coming to the advantage of such illegal migrants as any proceedings initiated against them almost entirely ends in their favour, enables them to have a
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The
Foreigners Act, 1946 defines a foreigner as a person who is not a citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.
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However, under the
Illegal Migrants (Determination by Tribunal ) (IMDT) Act, the burden of proving the citizenship or otherwise rested on the accuser and the police, not the accused. This was a major departure from the provisions of the Foreigners Act, 1946.
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held that the
Illegal Migrants (Determination by Tribunals) Act, 1983 and rules "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants" and struck down the Act.
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It excluded the migrants who entered India before March 25, 1971 from the illegal-migration accusation. And for post-1971 migrants too, the procedure for deporting were tough.
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The accuser must reside within a 3 km radius of the accused, fill out a complaint form (a maximum of ten per accuser is allowed) and pay a fee of ten Rupees.
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If a suspected illegal migrant is thus successfully accused, he is required by the Act to simply produce a ration card to prove his Indian citizenship.
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And if a case made it past these requirements, a system of tribunals made up of retired judges would finally decide on deportation based on the facts.
210:. The Act was pushed through mainly on the grounds that it provided special protections against undue harassment to the “minorities” affected by the
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Roy, Anupama; Singh, Ujjwal Kumar (2009). "The
Ambivalence of Citizenship: The IMDT Act (1983) and the Politics of ForclUsion in Assam".
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The act also provided that 'if the application is found frivolous or vexatious' the
Central Government may not accept it.
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329:(Judgement of the Supreme Court of India), indiankanoon.org, retrieved 27 December 2019.
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Fernandes, Walter (23 July 2005), "IMDT Act and
Immigration in North-Eastern India",
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document having official sanctity to the effect that they are not illegal migrants."
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The IMDT Act described the procedures to detect illegal immigrants (from
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The act made it difficult to deport illegal immigrants from Assam.
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IMDT Act is the biggest barrier to deportation, says
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The
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66:"Illegal Migrants (Determination by Tribunals) Act, 1983"
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Sarbananda Sonowal vs Union Of India on 5 December, 2006
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Illegal Migrants (Determination by Tribunals) Act, 1983
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Illegal Migrants (Determination by Tribunal) Act, 1983
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191:government. It was struck down by the
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185:Parliament of India
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