Wikimedia Commons. So scrapping of the IMDT Act led to kneejerk reactions from about a dozen minor political parties in Assam which had been crying foul of harassment of minorities in Assam in the process and detection and illegal migrants as per Assam Accord and had considered IMDT Act as the saviour of minorities against such harassment. Assam-based perfume mogul, Badruddin Ajmal then came to the forefront of the state's politics for the first time projecting himself as the messiah of religious minorities Muslims who were apprehending harassment in the wake of the scrapping of the IMDT Act. Resourceful Ajmal took lead in amalgamation of over 12 minority-dominated political groups to form Assam United Democratic Front AUDF in October to champion the cause of minorities in Assam and fight for protection of their interest in the state where problem of unabated illegal migration from Bangladesh has been threatening the identity and political rights of indigenous communities.

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On October 15, , the Government of India passed an Ordinance to set up tribunals 'for determination of the question whether a person is or is not an illegal migrant. Only in the state of Assam.

In other states, detection of foreigners is done under the Foreigners Act, Ironically, there was no member in the Lok Sabha from Assam's Brahmaputra Valley when the act was passed, since elections could not be held in the state in Under the IMDT Act, the onus of proving one's nationality or otherwise lies on the complainant whereas under the Foreigners Act, the onus is on the accused.

What did the act set out to do? According to this act an illegal migrant is a person who: i entered India on or after March 25, Clauses 4 and 9 of the IMDT Act said those who came before March 25, would not come under the purview of the act as the issue of such cases 'has been left for negotiations. For instance, the Act provided for two individuals living within a radius of 3 km of a suspected illegal migrant to approach an IMDT Tribunal, deposit a sum Rs 25 and then file a complaint.

The three km restriction was subsequently modified and now the complainant could be from the same police station limits as the accused, while the deposit sum was reduced to Rs But the most contentious provision of the act was the condition that the onus of proving the citizenship credentials of a person in question lies with the complainant and the police, not on the accused.

Under the Foreigners Act prevailing in the rest of the country, the onus is understandably on the accused. To cap it all, the act also provided that 'if the application is found frivolous or vexatious' the Central Government may not accept it.

In short, the country had two anti-immigration acts. A proposal to repeal the act is under consideration of the government. June Assam government withdraws and changes affidavit in Supreme Court after Congress comes to power. Says the act should stay.

Parliament dissolved. Repeal Bill falls through. July 12, Supreme Court strikes down the act. The Web. Share your comments. What do you think about the story? Number of User Comments: 1. Sub: Good News Congratulations to the people of Assam.

This gives you a chance to protect and save Assamese culture from the flood of illegal aliens that entered Email this article. Top emailed links. Print this article. Write us a letter. Discuss this article. All Rights Reserved.


NRC More Dangerous Than IMDT Act if Even 1 Genuine Citizen Left Out, Says RSS Ahead of Final List

These concerns within the RSS stem amidst growing fears in a section of the Bengali speaking Hindu population in the state about their citizenship, if there names do not figure in the final list of NRC on Saturday. When the first list of the Assam NRC -- that identifies whether a person is an Indian or a foreigner -- was released last year, the names of over 41 lakh people didn't appear in it and a large section of them are believed to be Hindus. The government created this monster. Many foreigners have been included and many genuine citizens have been wrongly excluded in the list as a result of it," said Shankar Das, RSS in-charge of publicity in Assam. Even if one genuine citizen is left out, the process is deemed flawed," he said. It is a must exercise to know who are our real citizens.


Illegal Migrants (Determination by Tribunal) Act, 1983

Union of India. It was applicable to the state of Assam only whereas in other states, detection of foreigners is done under The Foreigners Act, The Foreigners Act, defines a foreigner as a person who is not a citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.

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