Source- This post on the Foreigners Tribunals (FTs) has been created based on the article “How do Assam’s Foreigners Tribunals function?” published on “The Hindu” on 18 July 2024.
Why in the news?
Recently, the Assam government instructed the Border wing of the State’s police not to forward cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals.
This aligns with the Citizenship (Amendment) Act of 2019, which allows non-Muslims including Hindus, Sikhs, Christians, Parsis, Jains, and Buddhists fleeing persecution in Afghanistan, Bangladesh, and Pakistan to apply for citizenship.
About Foreigners Tribunals (FTs)
1. Foreigners Tribunals (FTs) are quasi-judicial bodies established under the Foreigners (Tribunals) Order of 1964, which is based on the Foreigners’ Act of 1946.
2. Their primary purpose is to determine whether a person suspected of being a foreigner is an Indian citizen.
3. These tribunals are unique to Assam, as other states handle cases of alleged illegal immigrants under the Foreigners’ Act without the use of FTs.
4. Structure and Operation
i) Each FT is headed by a member who is typically a judge, advocate, or civil servant with judicial experience.
ii) According to the Ministry of Home Affairs, there were 300 FTs in Assam as of 2021. However, the State’s Home and Political Department reports that only 100 of these tribunals are currently functioning.
5. Functioning of an FT
i) An FT operates with powers similar to a civil court in certain matters, such as summoning individuals, examining them under oath, and requiring the production of documents.
ii) Upon receiving a reference from the concerned authority, an FT must serve a notice to the person suspected of being a foreigner within 10 days.
iii) The individual then has 10 days to respond to the notice and another 10 days to provide evidence supporting their case.
iv) The tribunal is required to resolve the case within 60 days of the reference. If the individual fails to prove their citizenship, the FT can order their detention in a transit camp for eventual deportation.
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