Accurate data on illegal migrants not possible: Centre to Supreme Court

The Union Home Ministry today told the Supreme Court that it would not be able to provide accurate data on the extent of illegal migration of foreigners into India since such kind of migrations has happened in a secretive manner. 

The Centre's response comes in after the apex court sought information on the matter of illegal immigration from Centre while hearing the pleas against the Section 6A of the Citizenship Act, specifically on the number of immigrants who had been conferred citizenship through the Act. 

The Centre stated in an affidavit that a total of 14,346 foreign nationals were deported from the country between the period of 2017 and 2022, and that 17,861 migrants who had entered Assam between January 1966 and March 1971 had been given Indian citizenship.

"Illegal migrants enter into the country without valid travel documents in a clandestine and surreptitious manner. The detection, detention and deportation of such illegally staying foreign nationals is a complex ongoing process. It is not possible to collect accurate data of such illegal migrants staying in various parts of the country," the Centre said in the affidavit.

The Union Home Ministry further added that a total of 32,381 persons were declared foreigners by the orders of the Foreigners Tribunals between the same period. Further, in the last five years, a sum of Rs 122 crores had been released by the Central government towards the functioning of foreigners tribunals.

The Union Home Ministry's affidavit came in today in response to the order by the Supreme Court on December 7. 

The Supreme Court had sought information on the number of immigrants who had been granted citizenship on the basis of Section 6A. The apex court had also sought information on the number of illegals detected through the Foreigners Tribunals. The Supreme Court had also sought information on the estimated inflow of illegal immigation into the country. 

The hearing of the apex court in this matter is going on the basis of one petition challenging the Section 6A of the Citizenship Act.

The Assam Sanmilit Mahasangh and several other organisations, acting as petitioners, are pushing for the cut off date base year for citizenship be made to 1951 for Assam as the rest of the country. On the other hand, there are other parties which are pushing for the cut off date base year to remain as 1971, such as the Asom Gana Parishad, All Assam Students Union, AAMSU, AIUDF, and others.

The Assam Sanmilita Mahasangha, a Guwahati-based civil society organisation, filed a petition in November 2012 challenging Section 6A saying that it discriminates against other Indian citizens by permitting different cut-off dates for regularising illegal migrants entering Assam and the rest of the country. 

It further sought the apex court’s intervention to ensure the updation of the National Register for Citizens (NRC) of Assam by taking into account the details available following the 1951 National Census instead of the electoral rolls before March 24, 1971, which is the cut off date for Assam. 

In December 2014, the Supreme Court framed 13 questions covering various issues raised against the constitutionality of Section 6A. Here the court specifically questioned whether the provision dilutes the political rights of the citizens of Assam. The apex court further questioned whether Section 6A is a violation of the rights of the Assamese people to conserve their cultural rights. The Supreme Court further questioned if an influx of illegal migrants in India constitutes ‘external aggression’ and ‘internal disturbance’, among others.

A three-judge Bench of the apex court referred the case to a Constitution Bench in 2015. 

Noteworthy here is that Section 6A is a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985, by the then Rajiv Gandhi Government with the leaders of the Assam Movement to preserve and protect the Assamese culture, heritage, linguistic and social identity. 

This accord, signed by the Rajiv Gandhi Government and the Assam Movement leaders, aimed to preserve Assamese culture, heritage, and social identity.

The provision came after a six-year agitation by the All Assam Students Union (AASU) to identify and deport illegal immigrants, primarily from neighbouring Bangladesh. According to Section 6A, foreigners who resided in Assam before January 1, 1966, would have the same rights and obligations as Indian citizens.  

However, those who entered the state between January 1, 1966, and March 25, 1971, would have the same rights and obligations, barring the right to vote for 10 years.

Section 6 A also in all essence establishes March 24, 1971, as the cut-off date for entry into the state, which basically means that anyone entering Assam later would be branded as an “illegal immigrant”.