New Delhi: The Assam government, through a notification, has asked the state police to stop forwarding the cases of Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians — who have come from Pakistan, Bangladesh, and Afghanistan before 31 December 2014 and are now seeking Indian citizenship — to the foreigners’ tribunal in the state.
The letter, signed by Secretary to the Government of Assam (Home and Political Departments) Partha Pratim Majumdar and sent to Special Director General of Police (Border) in Assam Harmeet Singh, informed the police that they may maintain a separate register for such cases and persons if needed.
The members of persecuted minority communities from Pakistan, Bangladesh and Afghanistan are entitled to seek Indian citizenship if they entered the country before 31 December 2014 under the Citizenship Amendment Act (CAA) 2019 since 11 March this year when the central government notified the legislation.
“In view of the above provision of law, the border police may not forward cases of persons belonging to Hindu, Sikh, Buddhist, Parsi, Jain and Christian communities who entered India prior to 31 December 2014 directly to foreigners’ tribunals,” the letter said.
The police should advise such persons to apply for citizenship on the government portal, and the government of India will decide their case based on “facts and circumstances”, the letter added.
“However, this differential treatment will not be available to the persons who entered Assam from Afghanistan, Bangladesh, or Pakistan after 31 December 2014, irrespective of their religion. Once detected, they should be straightaway forwarded to the jurisdictional foreigners’ tribunal for further action,” the letter said.
Assam Chief Minister Himanta Biswa Sarma Monday claimed that only eight people have applied for citizenship under the CAA in the last four months since the notification of the rules. “Only eight people applied for citizenship under the CAA. Even among them, only two have come for an interview,” Sarma said.
The CM said many people — the Bengali Hindus who can now apply for citizenship — have said that they have decided to face the courts to claim their citizenship as they believe they are Indian citizens.
“Hindu Bengalis say they are Indian and have documents of being Indians. They are saying they will fight a legal battle if needed but won’t apply under the CAA,” he said.
He added that there may be a pause on the ongoing cases in the foreigners’ tribunal. Assam has 100 tribunals adjudicating in the citizenship cases of persons whose names the government did not record in a National Register of Citizens (NRC).
Assam witnessed massive protests against the Citizenship Amendment Act when it was still a Bill in 2019, with five protesters dying in police fire. The state government had earlier carried out a tedious NRC exercise. Of the 3.3 crore applicants, as many as 19 lakh people living in the state were left out of the supplementary NRC list.
Before the CAA came into force in Assam, any person who entered the state after 24 March 1971, irrespective of their religion and native country, was categorised as an illegal immigrant.
(Edited by Madhurita Goswami)
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A number of important constitutional cases remain pending in the Supreme Court. Including the validity of the Citizenship Amendment Act. More particularly the point whether religion can be the criterion for grant of citizenship in a secular state. They merit urgent disposal.