Guwahati: The Gauhati High Court is examining the entitlements available to a declared foreigner or illegal migrant before deportation, in the wake of a submission made by the Deputy Solicitor General, on behalf of the Centre, that a “declared foreigner is not entitled to welfare schemes meant for the citizens of the country.”
In a recent hearing before a division bench of Justice AM Bujor Barua and Justice Robin Phukan, Deputy Solicitor General RKD Choudhury submitted that, according to the census, the Muslim population in Assam increased after 1951. This is a “ploy to take this part” of the country away to another, the Deputy Solicitor General said.
“This abrupt growth of population is not simply multiplying the people here, it has come over from the other side and as I have submitted … at first, they first took refuge in the reserves …,” Choudhury said.
“In 1905, when there was a division of Bengal on the basis of religion… The Britishers settled these people along the rivers and there was a line called the inner line. They were settled there but they did not have any legal backing because only on paper it was there… ”, he added.
In response to a question from the Court on what rights a person deemed a foreigner has if deportation is not carried out, Choudhury stated that the individual would only have the right to life under Article 21 of the Constitution.
When another counsel assisting the Court on the issue contended that they would also be entitled to the Right to Equality under Article 14, Justice Barua asked the counsel to make clear submissions on how the person designated as a foreigner is entitled to Article 14.
“We cannot base our views only on articles available on the internet,” Justice Barua said, adding Article 14 is “not right to equality” but “equality before the law and equal protection of the law.”
“Equal protection means the right to equal treatment in similar circumstances and if the circumstance is different, the treatment may be different,” the judge said.
Choudhury further argued that as far as rights on land are concerned, if the person is declared a foreigner, then every transaction they have entered into will be ineffective. “The land will revert to the state and not the seller,” he said.
The Court said Section 3(2)(e) of the Foreigners Act requires that the central government may have to frame an order to specify where the declared foreigner will reside since they cannot have property.
“Giving a place to reside and giving ownership are two different aspects. Some kind of order has to be framed then,” it said, adding if the property is taken away by the state from them, there is a corresponding requirement by the law that the state will have to provide them with a place of residence.
On the question of education, the Court said it can be given to this category of people and “if they are a good asset to the country, use them also”.
The Court questioned how such persons can be “arrested” when the process of deportation has “actively” not been initiated.
Dear Reader,
Every day, our team at EastMojo travels through rain, rough roads, and remote hills to bring you stories that matter – stories from your town, your people, your Northeast.
We do this because we believe in truthful, independent journalism. No big corporate backing, no government pressure – just honest reporting by local journalists who live and breathe the same air you do.
But to keep doing this work, we need you. Your small contribution helps us pay our reporters fairly, reach places others ignore, and keep asking the tough questions.
If you believe the Northeast deserves its own fearless voice, stand with us.
Support independent journalism. Be a Member.
Thank you,
Karma Paljor
Editor-in-Chief, eastmojo.com
“If they are to remain in the country for any period, they should be given basic human treatment … that should not be taken away, but in the guise of human treatment that doesn’t mean you will encroach upon rights that you were otherwise also not entitled,” said the Court.
The Deputy Solicitor General said that once declared foreigners, they would not be entitled to welfare schemes meant for the citizens. “These schemes relate to the citizens only”, he said.
Also Read | Veer Lachit Sena leader held on extortion charges: Assam DGP