Assam Considers Expulsion Law for Illegal Migrants
Assam’s Chief Minister Himanta Biswa Sarma announced plans to utilise the Immigrants (Expulsion from Assam) Act of 1950. This law allows for the direct expulsion of illegal migrants without court involvement. The initiative aims to address ongoing concerns about illegal immigration in Assam, particularly from Bangladesh.
Background of the 1950 Act
The Immigrants (Expulsion from Assam) Act was enacted on 1 March 1950. It emerged in response to the influx of migrants from East Bengal following the Partition of India in 1947. This movement was driven by communal violence and socio-political instability. The Act grants the Central Government the authority to expel individuals deemed harmful to public interest or the rights of Scheduled Tribes.
Powers Granted by the Act
The Act empowers district commissioners to issue expulsion orders directly. This provision bypasses the need for judicial proceedings. It was designed specifically for Assam but is applicable across India. Over the years, however, the Act has been largely neglected.
Assam Movement
The Assam Movement, which began in 1979, reignited discussions about illegal immigration. Led by the All Assam Students’ Union (AASU), the movement culminated in the Assam Accord of 1985. This agreement stipulated that anyone entering Assam after 24 March 1971 would be considered a foreigner.
Legal Developments
In October 2024, the Supreme Court of India reaffirmed the validity of Section 6A of the Citizenship Act. It clarified that the 1950 Act remains enforceable. The court indicated that this law could function alongside the Citizenship Act and the Foreigners Act to facilitate the identification and deportation of illegal migrants.
Government’s Current Stance
Chief Minister Sarma acknowledged the government’s previous unawareness of the 1950 Act. He indicated that preparations are underway to implement this law. The government plans to expedite the identification of foreigners using the powers granted by the Act. Individuals already involved in legal proceedings will not be affected.
Implications for Assam and Beyond
The revival of the 1950 Act raises questions about immigration policy in Assam. It reflects ongoing tensions surrounding illegal migration and ethnic identity. The government’s approach may set a precedent for similar actions in other states facing immigration challenges.
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