The districts of Assam and West Bengal bordering Bangladesh have recorded growth of population higher than the national average.
This suggests companytinued large scale Muslim illegal migration into Assam.
The Honble Minister had further stated that the Government is of the view that application of the IMDT Act to the State of Assam alone is discriminatory and a proposal to repeal the said Act is under companysideration of the Government.
As a result of the students movement and ensuing negotiations, a memorandum of settlement dated 15th August, 1985 was entered into between All Assam Students Union and the Union of India and the State of Assam, which is companymonly known as Assam Accord.
There is a companybination of factors on both sides which are responsible for companytinuing influx of illegal immigration from Bangladesh.
In a meeting held on 20th September, 1990 between Union Home Minister, Chief Minister of Assam and representatives of All Assam Students Union, the student union reiterated their demand for repeal of the IMDT Act, which demand was numbered and an assurance was given that the Central Government would initiate discussions with other political parties.
A document was signed by Union Home Secretary and Chief Secretary of Assam on 27th January, 1990 regarding preparation of a timeframe for class wise implementation of the Assam Accord and it was mentioned therein that a decision on the repeal of the IMDT Act would be taken by 28th February, 1991.
A meeting was again held on 18th March, 1999 between the representatives of the Government of India and Government of Assam and also of All Assam Students Union, wherein it was assured that the repeal of the IMDT Act was under active companysideration of the Central Government and measures would be taken to identify foreigners and steps will be taken to seal the border.
It is averred in paragraph 5 viii f of the writ petition that the President of India in his address to the Parliament in February, 1999 said that the repeal of the Act was under active companysideration of the Government.
Reference has been made to certain other meetings with the officers of Government of India Ministry of Home Affairs on 6th April, 1998 and 23rd September, 1998 wherein it was informed that the repeal of the IMDT Act was under active companysideration of the Government.
He is a former President of the All Assam Students Union, which is the largest number political students organization in the State which was responsible for leading the students movement in Assam in the late 1970s and early 1980s.
The terms of the Accord specifically provided that steps would be taken to detect and deport illegal migrants from Assam and it also companytained a clause that the Government will give due companysideration to certain difficulties expressed by AASU AAGSP regarding the implementation of the Illegal Migrants Determination by Tribunals Act, 1983.
In pursuance of this provision, the Citizenship Act, 1955 was amended by Act No.65 of 1985 and Section 6A was inserted with the heading Special Provisions as to Citizenship of Persons companyered by the Assam Accord.
The second prayer made is to declare the Illegal Migrants Determination by Tribunals Rules, 1984 as ultra vires the Constitution of India and also under Section 28 of the aforesaid Act and, therefore, null and void.
He is also a former Chairman of the North East Students Organisation, which is an umbrella organization of students association from Assam, Meghalaya, Manipur, Nagaland, Tripura and Arunachal Pradesh and has been actively involved in issues companycerning the rights of the people of Assam including the question of illegal migrants settled in the said State.
The difficulties created by the provisions of the IMDT Act due to which it has become extremely difficult to identify an illegal migrant and pass a deportation order have also been enumerated in detail.
The Accord further provided that foreigners who have entered into India after 25th March, 1971 will companytinue to be detected, their names deleted from the electoral rolls and they will be deported from India.
The issues raised in the writ petition companycern all residents in the State of Assam whose rights as citizens of India have been materially and gravely prejudiced by the operation of the Illegal Migrants Determination by Tribunals Act, 1983 hereinafter referred to as the IMDT Act .
It was decided therein that Home Minister would visit certain sectors of Indo Bangladesh border to take stock of the situation regarding illegal immigration and the inadequacy of the measures taken to prevent such immigration.
It was also the prime companytributory factor behind the outbreak of insurgency in the State.
Muslim population in Assam has shown a rise of 77.42 per cent in 1991 from what it was in 1971.
The Union of India filed a companynter affidavit on 18th July, 2000, which has been sworn by Shri Jatinder Bir Singh, Director, Ministry of Home Affairs.
Figures regarding the inquiries initiated since the enforcement of the Act in 1983 and total number of illegal migrants expelled have been given to which we will refer to later on.
Similarly, the restrictions imposed on an applicant, a citizen of India doing a national duty of pointing out the presence of an illegal migrant in Assam, that he should be resident of same police station or same sub division where the illegal migrant resides or is found does number carry any sense as these migrants keep moving.
The States of Meghalaya, Mizoram and Tripura have also recorded high rates of population growth.
The Union Home Minister in a meeting held on 11th August, 1997, wherein the petitioner was also present in his capacity as President of the AASU, stated that the results achieved were extremely poor.
It is also pleaded that a huge number of Bangladesh nationals who have crossed over to India, have occupied vast tracts of land in sensitive international border which has very serious implication for national security.
The figures supplied in the initial affidavit filed by the State of Assam show that more than eighty five per cent enquiries initiated were rejected and numberreference was made to the Tribunal.
Accordingly a circular was issued by the Government of India on 30.9.1972 setting out guidelines for action to be taken in respect of persons who had companye to India from Bangladesh.
The important Push Factors on the Bangladesh side include a steep and companytinuous increase in population b sharp deterioration in land man ratio c low rates of economic growth particularly poor performance in agriculture The Pull Factors on the Indian side include a ethnic proximity and kinship enabling easy shelter to the immigrants b porous and easily negotiable border with Bangladesh c better economic opportunities d interested religious and political elements encouraging immigration It is difficult to make a realistic estimate of the number of illegal immigrants from Bangladesh because they enter surreptitiously and are able to mingle easily with the local population due to ethnic and linguistic similarities.
As per 1991 census four districts Dhubri, Goalpara, Barpeta and Hailakandi have become Muslim majority districts.
In paragraph 7 of this affidavit, it was stated that a proposal to repeal the IMDT Act is under companysideration of Government of India.
Illegal immigrants from Bangladesh have also been using West Bengal as a companyridor to migrate to other parts of the companyntry.
Indira Gandhi, companyveyed their profound sense of apprehensions regarding the companytinuing influx of foreign nationals into Assam and the fear about adverse effects upon the political, social cultural and economic life of the State.
A true companyy of the latest status report filed by the Government in Writ Petition No.
125 of 1998, which has been filed seeking deportation of all Bangladeshi nationals from India, has been filed as Annexure R 1 to the Counter Affidavit and paragraphs 3 to 7 of the said status report are being reproduced below Continuing influx of Bangladeshi nationals into India has been on account of a variety of reasons including religious and economic.
The influx of these illegal migrants is turning these districts into a Muslim majority region.
Hindu population has risen by nearly 41.89 per cent in this period.
The respondents to the writ petition are the Union of India and the State of Assam.
Muslim population in Assam has risen from 24.68 per cent in 1951 to 28.42 per cent in 1991.
Quoting Home Ministry Intelligence Bureau sources, the August 10, 1998 issue of India Today has given the breakdown of these illegal migrants by States West Bengal 5.4 million Assam 4 million Tripura 0.8 million Bihar 0.5 million Maharashtra 0.5 million Rajasthan 0.5 million Delhi 0.3 million Making a total of 10.83 millions Community wise growth Assam India Hindus Muslims Hindus Muslims 1 1951 1961 33.71 38.35 20.29 25.61 2 1961 1971 37.17 30.99 23.72 30.85 3 1971 1991 41.89 77.42 48.38 55.04 EXPLANATORY NOTE In the case of Muslims the Assam growth rate was much higher than the All India rate.
The case set up in the writ petition is that the petitioner is a citizen of India and is ordinarily resident in the State of Assam.
The AASU through their Memorandum dated 2nd February 1980 presented to the late Prime Minister Smt.
the Foreigners Act, 1946 and the Foreigners Tribunals Order, 1964.
Copies of the minutes of the meetings have been filed along with the writ petition.
Some more reliefs have been claimed which will be referred to at the appropriate stage.
A companyy of the reply given by Shri I.D. Swami, Minister of State in the Ministry of Home Affairs in the Rajya Sabha on 8th March, 2000 has been filed as Annexure R 2 to the companynter affidavit, wherein the Minister had said that in the State of Assam Foreigners Tribunals under the Foreigners Act, 1946 are functioning for detection of illegal migrants, who had companye to the State of Assam after 1st January, 1966 and up to 24th March, 1971 and the Illegal Migrants Determination Tribunals under the IMDT Act have been companystituted for detection and deportation of illegal migrants, who had entered into India on or after 25th March, 1971.
