Status of Bangladeshi Immigrants
Bangladeshi immigrants who have come to India and residing in various parts of the country are provided citizenship as per the provisions of the Citizenship Act, 1955. However, there is a special provision of section 6A of the Citizenship Act applicable to those Bangladeshi immigrants who have migrated to Assam. As per section 6A of Citizenship Act, 1955, all persons of Indian origin who came before the 1st day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the people held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the 1st day of January, 1966. It further provides that every person of Indian origin who came to Assam on or after the 1st day of January, 1966 but before the 25th day of March, 1971 from the specified territory and has been ordinarily resident in Assam and has been detected to be a foreigner shall register with the Registering Authority. If his/her name is included in electoral roll for any Assembly/Parliamentary Constituency in force on the date of such detection, his name shall be deleted therefrom.
A person so registered shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner. In respect of persons who came after 25th day of March, 1971, the Foreigners Act, 1946 will be applicable.
Central Government is vested with powers to deport a foreign national illegally staying in the country under section 3(2) (c) of the Foreigners Act, 1946. The powers to identify and deport such illegally staying foreign nationals have also been delegated to the State Governments/Union Territory Administrations. A revised procedure for detection and deportation of illegal Bangladeshi immigrants has also been set out and circulated to State Government/ Union Territory Administrations in November, 2009, which has been partially modified in February, 2011 and further modified in February, 2013. The procedure includes sending back then and there, the illegal immigrants who are intercepted at the border while entering India unauthorisedly. As regard Assam, detection of foreigner is done as per the provision of Foreigners (Tribunal) Order, 1964 as amended from time to time.
This was stated by the Minister of State for Home Affairs, Shri Kiren Rijiju in a written reply to Smt. Riti Pathak in the Lok Sabha today.
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KSD/YB/BK/RS