<p class="bodytext">The Assam government’s crackdown on suspected illegal migrants is an arbitrary exercise that violates the law, laid down procedures, and human rights. The government has decided to deport individuals identified as “foreigners”, claiming that it is allowed under the Immigrants (Expulsion from Assam) Act, 1950. Chief Minister Himanta Biswa Sarma has sought to justify the decision on the ground that the Act allows District Commissioners to act against foreigners. Sarma has said that the government would deport foreigners even if their names are found in the National Register of Citizens (NRC). He has argued that many people have entered their names in the NRC through unfair means and they would be deported if the authorities are convinced that the persons concerned are foreigners. He said that the government had only recently come to know that the 1950 Act can be used to deport illegal immigrants. The Chief Minister has also cited a Supreme Court judgement in support of his claim.</p>.Bike taxis: Regulate, don’t ban.<p class="bodytext">This judgement cannot be invoked selectively and without reference to the system for identification and deportation of illegal migrants which is in place. The Assam Accord has prescribed a cut-off date of March 25, 1971, for the detection of foreigners. A system for detection and deportation of illegal migrants has been put in place and there is due process involving Foreigners Tribunals which are empowered to decide on the legal status of the migrants. The tribunals have in the past declared many people illegal migrants and the judgement cannot be seen in isolation from this.</p>.<p class="bodytext">It is wrong to hand over the power to decide the legal status of a person’s presence in the country to bureaucrats, bypassing due process. The decision on the citizenship status of a person cannot be left to officials working under a government known for its political prejudices. Sarma and the present Assam government are known for their anti-Muslim bias, policies, and actions. He has indulged in rabid communal rhetoric and resorted to polarising actions. The new crackdown move follows this pattern. Opposition parties and rights activists have strongly criticised the exercise. Branding people as illegal migrants and deporting them bypassing legal procedures is a violation of fundamental rights. People who are thus targeted do not have an opportunity to defend their case and seek relief from a court. The move is of a piece with the disrespect for law and an instant-punishment culture that is gaining acceptance in the country, with the minorities and other marginalised sections almost always at the receiving end.</p>
<p class="bodytext">The Assam government’s crackdown on suspected illegal migrants is an arbitrary exercise that violates the law, laid down procedures, and human rights. The government has decided to deport individuals identified as “foreigners”, claiming that it is allowed under the Immigrants (Expulsion from Assam) Act, 1950. Chief Minister Himanta Biswa Sarma has sought to justify the decision on the ground that the Act allows District Commissioners to act against foreigners. Sarma has said that the government would deport foreigners even if their names are found in the National Register of Citizens (NRC). He has argued that many people have entered their names in the NRC through unfair means and they would be deported if the authorities are convinced that the persons concerned are foreigners. He said that the government had only recently come to know that the 1950 Act can be used to deport illegal immigrants. The Chief Minister has also cited a Supreme Court judgement in support of his claim.</p>.Bike taxis: Regulate, don’t ban.<p class="bodytext">This judgement cannot be invoked selectively and without reference to the system for identification and deportation of illegal migrants which is in place. The Assam Accord has prescribed a cut-off date of March 25, 1971, for the detection of foreigners. A system for detection and deportation of illegal migrants has been put in place and there is due process involving Foreigners Tribunals which are empowered to decide on the legal status of the migrants. The tribunals have in the past declared many people illegal migrants and the judgement cannot be seen in isolation from this.</p>.<p class="bodytext">It is wrong to hand over the power to decide the legal status of a person’s presence in the country to bureaucrats, bypassing due process. The decision on the citizenship status of a person cannot be left to officials working under a government known for its political prejudices. Sarma and the present Assam government are known for their anti-Muslim bias, policies, and actions. He has indulged in rabid communal rhetoric and resorted to polarising actions. The new crackdown move follows this pattern. Opposition parties and rights activists have strongly criticised the exercise. Branding people as illegal migrants and deporting them bypassing legal procedures is a violation of fundamental rights. People who are thus targeted do not have an opportunity to defend their case and seek relief from a court. The move is of a piece with the disrespect for law and an instant-punishment culture that is gaining acceptance in the country, with the minorities and other marginalised sections almost always at the receiving end.</p>
