Topics Covered: Internal Security related issues.
Who is a declared foreigner?
Context:
The Gauhati High Court has said that people declared as foreigners cannot be kept in jails that serve as detention centres, depriving them of basic human rights and human dignity.
- The court has also issued a notice to the Assam government to submit a report on the steps taken to set up detention centres outside jail premises and “hire any private premises” if “suitable government accommodations are not available for the purpose”.
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?
In 1964, the govt brought in the Foreigners (Tribunals) Order.
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.
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.
