Assam's Controversial Deportation of Declared Foreigners to Bangladesh

Assam's Pushback Policy Explained

The Chief Minister of Assam, Himanta Biswa Sarma, confirmed on Friday that the state is actively deporting individuals identified as foreigners by the Foreigners Tribunals back to Bangladesh. This announcement follows a notable increase in detentions of these declared foreigners since May 23, with families expressing concern over the lack of information regarding their missing relatives. Some families have reportedly recognized their loved ones in videos from Bangladesh, claiming they were forcibly removed from India.

Sarma stated that the deportation process would persist, asserting that these actions align with directives from the Supreme Court issued in February. The court had mandated that the state government initiate the deportation of foreign nationals held in detention centers without delay.

According to the Supreme Court ruling, foreign nationals can be deported even if they do not have a registered address. The court emphasized that indefinite detention is not permissible, and once individuals are classified as foreigners, they should be deported without delay.

The Chief Minister clarified that only those declared foreigners who have not filed appeals in court are being pushed back. He assured that individuals who have pending appeals in higher courts would not be affected by these actions.

The Foreigners Tribunals in Assam serve as quasi-judicial entities that determine citizenship status. Under the Assam Accord, only individuals residing in the state before March 25, 1971, or their descendants, are recognized as Indian citizens.

However, these tribunals have faced criticism for their perceived arbitrariness and bias, with accusations of declaring individuals as foreigners based on minor errors or insufficient documentation.

Missing Persons and Resumed Deportation Efforts

On the same day, Sarma revealed that approximately 30,000 individuals declared as foreigners in Assam are currently unaccounted for, and efforts will be made to return them to Bangladesh wherever they are located. The state had previously paused deportation activities during the update of the National Register of Citizens but has now resumed its pushback operations.

Reports surfaced on Tuesday regarding Khairul Islam, a former teacher from Morigaon district, who was allegedly taken from the Matia detention center and forced across the border into Bangladesh, despite his citizenship case still being under judicial review. A video recorded by a journalist in Bangladesh showed Islam claiming he was among 14 individuals who were pushed into Bangladesh by the Border Security Force.

These individuals were reportedly left in a no man's land between the two countries.

Legal Actions and Concerns Raised

The Gauhati High Court has recently issued a notice to the Assam government, demanding information about two men from Kamrup district, Abu Bakkar Siddique and Akbar Ali, who disappeared after being summoned by the police on May 25. The court has requested a response by June 4.

Aman Wadud, an attorney representing the missing individuals, noted that authorities have not provided any details regarding their current status. The petitioner, Torap Ali, expressed fears that his uncles might be deported to Bangladesh based on recent developments.

In light of these events, Assam's Opposition leader, Debabrata Saikia, has reached out to the External Affairs Minister, S. Jaishankar, voicing concerns over the state's actions in pushing individuals back to Bangladesh. Saikia accused the Assam Police of violating constitutional rights and due process during their operations.