Interview: Can Assam ‘push back’ people without proof? Ex-BJP MP slams 1950 law

In this in-depth legal explainer hosted by Samir K Purkayastha of The Federal, senior advocate and former BJP leader Ram Prasad Sarma breaks down the Assam government’s controversial “push back” of alleged illegal migrants to Bangladesh under the 1950 Immigrants (Expulsion from Assam) Act.

In a move sparking legal and humanitarian alarm, the Assam government has pushed back over 300 suspected illegal migrants. But controversy erupted when 64 individuals had to be brought back, raising questions about the wrongful deportation of Indian citizens.

Also read: ‘Huge conspiracy against Assam’: CM defends shoot-at-sight order in Dhubri

Mr. Sarma, is the Assam government’s “pushback” action legally tenable?

Yes, it is legally tenable. When someone is suspected to be an illegal immigrant from East Pakistan — now Bangladesh — police officers authorised under the 1950 Act can examine that person. If the individual can prove they are a pre-1971 migrant, specifically before 25th March 1971, they may be further asked whether they entered before or after 1st January 1966.

If someone entered India before 1st January 1966, there’s no case against them. If they came between 1st January 1966 and 25th March 1971, they are still considered foreigners but will be referred to the Foreigners Tribunal under the Foreigners Act and the Foreigners Order, 1964.

But if no documentation is shown, they may fall into one of three illegal migrant categories: those caught just after entry, those who overstayed after arriving on valid documents, and those living long-term without proper documents. These people can be pushed back.

Also read: Over 5,000 foreign social media accounts promoting Assam Congress: Sarma

So you’re saying someone can be pushed back without being produced before a tribunal?

Yes, depending on the category. For instance, if someone just crossed the border illegally and is caught 10 feet inside Indian territory, he can be immediately pushed back. If someone entered on a valid visa but overstayed, they may be deported to Bangladesh or prosecuted under the Passport Act and Foreigners Act.

If someone has been living here illegally but cannot provide credible documents — even if they have acquired land or voter IDs later — they can also be picked up and pushed back, subject to assessment by an authorised officer.

Also read: Massive protest erupts in Assam's Bodoland over Adani's thermal power project in Kokrajhar

What about those who have lived in Assam for decades? Can they be deported so easily?

The Assam Accord and related laws define the cut-off date as 25th March 1971. Anyone who entered India after that is not protected. If someone claims to have entered earlier, they must provide documents — voter lists, land deeds, education certificates, etc. — from before that date.

They may then be required to register with the Superintendent of Police for 10 years. During that period, they are treated as non-citizens. This law may apply nationwide, but it’s primarily designed for Assam, given the large-scale post-partition immigration.

So does this law bypass the Foreigners Tribunal altogether?

Under the 1950 Act, pushback is possible without the Foreigners Tribunal in certain cases. But a person can still appeal. If someone is caught and can convince authorities they have a legitimate case, they can approach the tribunal.

I cited the example of Maulana Abdul Jalil from Batarpur, in present-day Karimganj district. He was caught and claimed protection under Section 2 of the 1950 Act, which includes a proviso for those who entered due to civil disturbances in Pakistan (now Bangladesh). He successfully proved his case before the tribunal and received Indian citizenship.

Why is the NRC (National Register of Citizens) not being implemented?

It is still pending in the Supreme Court. There were allegations of corruption in the NRC process. The official in charge has been prosecuted. There’s also political hesitation. The government wanted to protect minority groups from Bangladesh — Hindus, Buddhists, Sikhs, and Christians, many of whom were excluded from the NRC.

I opposed the Citizenship Amendment Act (CAA) because I felt a new law wasn’t necessary. The 1950 Act already protects migrants fleeing persecution. I suggested adding a few words to the existing proviso to specify religious minorities. That would avoid controversy among Assam’s indigenous population.

If the 1950 Act gives such broad powers, what’s the role of Foreigners Tribunals today?

That's the concern. If authorities can push someone back based on suspicion, what is the purpose of tribunals? This Act is arbitrary. It gives the government authority to expel individuals if their presence is deemed detrimental to the public or tribal interest. The Supreme Court has upheld this law, so there is no recourse to challenge it further.

So, anyone can be declared a foreigner and deported?

That is the danger. Anyone can be picked up and accused of being Bangladeshi. If Bangladesh refuses to accept them, it leads to diplomatic issues. The person might have to appeal via email or seek time to approach the court. But the authority they must appeal to is often perceived as biased or selectively targeting certain communities.

What legal remedy does someone have if they fear pushback?

They can directly approach the Foreigners Tribunal or even the High Court. The High Court may take up the case and refer it back to the tribunal. But they must act quickly before deportation. That's the challenge.

(The content above has been generated using a fine-tuned AI model. To ensure accuracy, quality, and editorial integrity, we employ a Human-In-The-Loop (HITL) process. While AI assists in creating the initial draft, our experienced editorial team carefully reviews, edits, and refines the content before publication. At The Federal, we combine the efficiency of AI with the expertise of human editors to deliver reliable and insightful journalism.)