The Supreme Court has rebuked the Assam
government on its failure to come up with a future course of action to track
down absconding illegal foreigners and thousands other undeclared ones in the
state. An illegal foreigner is declared so my Foreigners Tribunals of Assam. The
SC is hearing a plea which raised the issue of dismal living conditions in the
detention centres of Assam.
The Supreme Court has also criticised the
“pushing back” of illegal migrants to Bangladesh without enquiring about their
country of origin. However, the government highlighted the issues with
determining nationality of illegal foreigners. The government clarified that
the “push-back” policy was stopped in 2013. At present, diplomatic channels are
employed to determine the nationality of an illegal foreigner and to deport the
According to Citizenship Act 1955, an illegal
migrant is a foreigner who enters the country without valid travel documents,
like a passport and visa, or enters with valid documents, but stays beyond the
permitted time period. Foreigner is one who is not a citizen of India. Illegal
migrants may be imprisoned or deported under the Foreigners Act, 1946 and the
Passport (Entry into India) Act, 1920.
Foreigners Tribunal (FT) was set up in Assam in
1964 through the Foreigners Tribunal Order 1964. The tribunals have been
mandated with identifying the legal status of suspected foreigners in Assam.