3. Illusions of a Process: Violating the Right to Fair Trial The procedures of the Foreigners Tribunals in their everyday operation violate the right to a fair trial—a right recognised under Article 21 of the Indian Constitution and international human rights law. Central to this right is the principle of equality of arms, which demands that individuals facing trial 66 have a fair and equal opportunity to defend themselves. Yet, the defining features of the Foreigners Tribunal procedure—the wrongful application of the burden of proof and the absence of a meaningful appellate or review mechanism—create a structurally unfair process that denies individuals both constitutional protections and international legal guarantees.