[ad_1]
GS Paper 2
Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Context:
Assam government’s Political Department has issued a notification ordering the State police’s Border wing not to forward any case against Gurkhas to the Foreigners’ Tribunals under the Foreigners’ Act of 1946.
Background:
The Border wing is tasked with identifying people of doubtful citizenship and serving them notices for a Foreigners’ Tribunal — a quasi-judicial establishment — to take over.
How many Gurkhas are there in the state?
- According to the 2011 census, Assam has more than 5 lakh Gurkhas, most of whom came as members of armed forces under the British administration.
- About 22,000 Gurkhas were left out of the draft National Register of Citizens published on August 31, 2019.
Implications of the latest move:
The cases of some 2,500 Gurkhas are pending in a few of the 100 Foreigners’ Tribunals in Assam. All such cases are to be withdrawn.
Who is a declared foreigner?
A declared foreigner, or DF, is a person marked by Foreigners’ Tribunal (FT) for allegedly failing to prove their citizenship after the State police’s Border wing marks him or her as an illegal immigrant.
What is a Foreigners tribunal?
Foreigners’ Tribunals are quasi-judicial bodies established as per the Foreigners’ Tribunal Order, 1964 and the Foreigners’ Act, 1946.
Composition: Advocates not below the age of 35 years of age with at least 7 years of practice (or) Retired Judicial Officers from the Assam Judicial Service (or) Retired IAS of ACS Officers (not below the rank of Secretary/Addl. Secretary) having experience in quasi-judicial works.
Who can setup these tribunals?
The Ministry of Home Affairs (MHA) has amended the Foreigners (Tribunals) Order, 1964, and has empowered district magistrates in all States and Union Territories to set up tribunals (quasi-judicial bodies) to decide whether a person staying illegally in India is a foreigner or not.
- Earlier, the powers to constitute tribunals were vested only with the Centre.
Who can approach?
The amended order (Foreigners (Tribunal) Order, 2019) also empowers individuals to approach the Tribunals.
- Earlier, only the State administration could move the Tribunal against a suspect.
Insta Curious:
Do you know the differences between NRC and NPR? Reference:
InstaLinks:
Prelims Link:
- Illegal Migrants (Determination by Tribunal) (IMDT) Act vs Foreigners Tribunal (Order) 1964.
- Burden of proof under this order.
- Powers to approach the tribunal and kind of cases to be decided by the tribunal.
- Composition of the tribunal.
- Tribunals vs Courts.
- Geographical location of Assam and other NE states.
- Refugee vs illegal Migrants.
- Fundamental Rights available for Foreigners and other constitutional provisions wrt to Foreigners.
- Human Rights vs Fundamental Rights.
Mains Link:
Discuss briefly the laws that are in place to tackle illegal non-citizens in the country. Why was the Foreigners (Tribunals) Order, 1964 amended? Explain.
Sources: the Hindu.
[ad_2]