Assam: Guwahati HC Verdict Paves Way for Deportation of 25,000 Bangladeshis

Islamabad, January 13: In a significant ruling, the Gauhati High Court has opened the door for the deportation of approximately 25,000 Bangladeshis residing in Assam. These individuals, who entered the region between 1966 and 1971 but failed to register with the Foreigners Regional Registration Office (FRRO) as required, now face expulsion following the court’s decision on Thursday.

The case that triggered this decision involved Begum Zan, who was declared a foreigner by a tribunal in Barpeta in 2020 but failed to register within the stipulated time. The court rejected her plea for an extension, citing adherence to a binding Supreme Court ruling from October 2024, which upheld the legal framework under Section 6A of the Citizenship Act, 1955.

The Citizenship Act and Deportation Risk

Section 6A of the Citizenship Act addresses the status of immigrants from Bangladesh who entered Assam before March 25, 1971, the cutoff date set by the Assam Accord of 1985. It grants citizenship to those who arrived before January 1, 1966, and provides conditional rights to those entering between January 1, 1966, and March 25, 1971, contingent upon their registration with the FRRO.

Under this provision, individuals failing to register within the required 30-day period—or an extended 60-day timeframe—face deportation. While registered individuals gain certain citizenship rights (excluding voting) for a decade, non-compliance results in legal action and expulsion.

The Human Rights Debate

The court’s decision to deny Zan an extension has reignited concerns over human rights and the legal implications of deportation. Critics argue that the mass deportation of 25,000 individuals disregards international refugee laws and India’s obligations under the UN Refugee Convention, to which it is not a signatory but whose principles it has acknowledged.

“India’s actions are in stark violation of global refugee norms,” said a human rights expert, noting that forced deportations of minority groups often exacerbate humanitarian crises. The move has also drawn accusations of furthering anti-minority policies, given the predominantly Muslim identity of those facing deportation.

Implications for India-Bangladesh Relations

The verdict comes at a sensitive time for India-Bangladesh ties, with concerns that deportations could strain diplomatic relations. Bangladesh has consistently maintained that it cannot absorb such large numbers, and previous attempts at deportation have faced logistical and political hurdles.

Observers warn that the move risks regional instability. “Mass deportations without adequate dialogue could deepen tensions between the two neighbors and create a humanitarian crisis,” said a South Asia analyst.

Also See: India Summons Bangladesh’s Top Diplomat, Nurul Islam

Minority Opinion and Calls for Reform

The ruling has also sparked debate within India’s legal community. Justice JB Pardiwala, in a dissenting opinion during the Supreme Court’s October 2024 decision, argued that immigrants in the 1966-1971 group should be allowed to register with the FRRO even after the deadline.

Zan’s counsel, AS Tapadar, invoked this minority opinion in court, urging leniency in registration timelines. “The petitioner deserves another opportunity to comply with legal requirements,” Tapadar argued.

International Backlash and Regional Concerns

The decision has drawn criticism from human rights organizations and international observers, who view it as part of a broader pattern of exclusionary policies. Advocacy groups have urged India to reconsider the implementation of Section 6A in light of its potential human rights impact.

As deportation proceedings loom for the 25,000 Bangladeshis in Assam, the situation highlights the need for a balanced approach that addresses security concerns while respecting international norms and humanitarian considerations. The challenge now lies in navigating these complex issues without jeopardizing regional peace or human rights.