Context : The Supreme Court’s recent observation regarding the indefinite detention of individuals declared as foreigners in Assam detention camps brings into sharp focus the legal, financial, and humanitarian implications of the current approach to managing foreigners whose nationality remains disputed.
Relevance : GS 2(Governance), GS 3(Internal Security )
Supreme Court’s Stance on Detention
- Immediate Deportation vs. Prolonged Detention: The Court expressed disapproval of the Assam government’s approach to detaining people indefinitely after they have been declared foreigners. Justices A.S. Oka and Ujjal Bhuyan emphasized that once an individual is identified as a foreigner, the logical next step should be their deportation, not indefinite detention.
- Concerns Over ‘Auspicious Time’: The Bench rhetorically questioned whether the State was waiting for an “auspicious time” to carry out deportation, highlighting the unnecessary delay in resolving the cases of the detainees.
Key Issues Raised by the Court
- Financial Burden on Public Exchequer: The Court pointed out that keeping foreigners detained for long periods is a financial strain on the public exchequer. The cost of maintaining detention camps, without any resolution regarding the deportation of the individuals, burdens the taxpayer.
- Article 21 Protection: The Court reminded that Article 21 of the Constitution, which guarantees the protection of life and personal liberty, applies to all individuals, including those declared as foreigners. Prolonged detention without deportation could be seen as a violation of this constitutional right.
Assam Government’s Delay in Deportation
- Absence of Action: The Assam government submitted that nationality verification forms were not being sent to the Ministry of External Affairs because the addresses of the detainees in their home countries were not available. The Court rejected this explanation, asserting that the process of deportation should not be delayed based on such issues. The question of where the individuals live abroad, the Court argued, should not affect the process of deportation.
- Detention Centers in Assam: Assam houses a large number of declared foreigners in detention camps, some of whom have been there for over 10 years. The delay in deportation contributes to the overburdening of the facilities, furthering the financial and logistical challenges.
Centre’s Responsibility
- Union Government’s Role: The Court directed the Union Government to provide details regarding the declared foreigners, including how many had been deported, and to clarify how the cases of individuals with uncertain nationality status were being dealt with. The government was asked to act swiftly on any pending nationality verification requests.
- Coordination Between Assam and Centre: The Court also emphasized the need for better coordination between the State and the Ministry of External Affairs. The State was instructed to issue reminders if necessary and take action on nationality status verification.
Statelessness and International Implications
- Dilemma of Stateless Individuals: The case raises critical questions about statelessness. As highlighted in the Court’s discussion, there is a situation where individuals declared as foreigners face a deadlock between India and their alleged home country, Bangladesh. Both countries deny ownership of the detainees, leaving them stateless.
- Role of Bangladesh: It has been noted that Bangladesh refuses to accept individuals who lived in India for many years, creating an impasse. These detainees, thus, remain in a legal limbo, without a clear path to deportation or reintegration into society
Court’s Immediate Orders and Next Steps
- Reminder to Assam and Centre: The Court ordered the Assam government to file a proper affidavit reporting compliance with the deportation process and instructed the Union Government to act promptly on nationality verification cases.
- Next Hearing: The case is scheduled for a further hearing on February 25, allowing the government to present the required information and updates on the matter.
