INTRODUCTION
A Foreigners Tribunal in Amingaon. © Amnesty International India
In this briefing, Amnesty International India demonstrates
how the Foreigners Tribunals commit grave human rights
violations in Assam. Riddled with bias, prejudices and
arbitrary decision-making, they pass vague orders rendering
people stateless. The judiciary is complicit in perpetuating
this exclusion and abuse. It also extensively delves into
some of the key judgements passed by the Supreme Court
of India and the Gauhati High Court that have entrenched
discriminatory practices on ground and emboldened the
Foreigners Tribunal to function in total disregard for fair trial
standards, besides analysing 16 cases of persons who were
arbitrarily deprived of their citizenship by the Foreigners
Tribunals. It also provides a comparative analysis of the
citizenship and immigration laws in India with international
human rights law and norms.
“Large scale illegal migration from East Pakistan/Bangladesh
over several decades has been altering the demographic
complexion of this State. It poses a grave threat both to the
identity of the Assamese people and to our national security.
Successive governments at the Centre and in the state have
not adequately met this challenge.” 1
This is an excerpt from a report prepared by the Governor of
Assam in 1998. The report warned the President of India and
demanded suitable action “to avert the grave danger that has
been building up for some time”. The former governor says
in the report, “If not effectively checked, [Bangladeshis] may
swamp the Assamese people and may sever the North-East
land mass from the rest of India. This will lead to disastrous
strategic and economic results”.2