Chief Minister Himanta Biswa Sarma has clarified that pending tribunal cases will not be dropped but may be paused to allow for CAA applications.
Three years ago, Ajit Mahanta Baisnab, a 53-year-old e-rickshaw driver in Bongaigaon, Assam, was informed by the police that he was suspected of being an illegal immigrant based on a 2002 complaint. Baisnab, who claims he was born in West Bengal’s Cooch Behar district, has been fighting his case at the foreigners’ tribunals for the past three years, Scroll reported.
On July 5, 2024, the Assam government issued a directive to the state police’s border wing, instructing them not to refer undocumented immigrants to the foreigners’ tribunals if they were suspected of entering the state before 2015, provided they are not Muslims. This directive advises undocumented immigrants from Hindu, Sikh, Christian, Parsi, Jain, and Buddhist faiths to apply for citizenship via the Citizenship Amendment Act (CAA) portal.
The CAA, passed in 2019 by the Narendra Modi government, offers a fast-track to citizenship for refugees from six minority communities from Afghanistan, Pakistan, and Bangladesh, excluding Muslims. The act, which mandates that applicants must have entered India before December 31, 2014, has faced criticism for being exclusionary and discriminatory against Muslims. The act’s implementation was delayed due to widespread protests in 2019, particularly intense in Assam.
The Assam government aims to encourage Bengali Hindus, who have been hesitant to apply for citizenship under the CAA, to do so. The directive to the border police to ignore cases involving Bengali Hindus is seen as a step to implement the CAA. Critics argue that this move discriminates based on religion, aligning with the CAA’s contentious stance.
They argue that this directive violates Article 14 of the Constitution, as it differentiates between individuals based on their religion. Bengali Hindu representatives welcome the order but doubt it will resolve the complex citizenship issues faced by their community. They are also hesitant to apply for citizenship under the CAA, which requires proving migration from Afghanistan, Pakistan, or Bangladesh.
Baisnab’s lawyer believes the new order will not affect his client’s case. But he remains cautious about applying for citizenship under the CAA until the foreigners’ tribunal delivers a judgment. Previously, only those living in Assam before March 24, 1971, or their descendants, were considered Indian citizens. The July 5 directive changes this, offering amnesty to Bengali Hindus who arrived before 2015.
Chief Minister Himanta Biswa Sarma has clarified that pending tribunal cases will not be dropped but may be paused to allow for CAA applications. If individuals do not apply under the CAA, their cases will proceed.
The directive does not apply to those who entered Assam after December 31, 2014, who will still face tribunal scrutiny regardless of religion. The July 5 order is expected to reduce harassment of Bengali Hindus by the border police and tribunals. Former home secretary Hitesh Dev Sarma noted that those eligible for citizenship under the new law should not face unnecessary harassment.
A senior state home department official acknowledged that while the CAA does not address pending tribunal cases, obtaining citizenship through the CAA would render such cases irrelevant. A researcher on citizenship issues within the Bengali Hindu community called the order unprecedented, indicating a shift in focus towards Bengali-origin Muslims.
In 2022, the Assam government granted indigenous status to around 40 lakh Assamese Muslims to distinguish them from Bengali-origin Muslims. This status is expected to benefit indigenous Muslims in citizenship trials. Assam’s politics have long been influenced by anti-outsider sentiments, often targeting both Hindu and Muslim Bengalis. The BJP, however, views only Muslim migrants as a threat to indigenous interests.
The new directive aligns with the BJP’s stance, providing relief to Bengali Hindu immigrants and fulfilling Chief Minister Sarma’s campaign promise to address the issue of D-voters within the Bengali Hindu community. D-voters, or doubtful voters, were marked by the Election Commission in 1997, disenfranchised, and referred to foreigners’ tribunals. Many were detained.
Despite the new order, Bengali Hindu groups remain skeptical, particularly about the future of those left out of the National Register of Citizens (NRC) updated in 2019, which excluded 19 lakh residents, potentially rendering them stateless. Assam’s Chief Minister stated that 12 lakh of those excluded are Bengali Hindus, who must now appeal to the tribunals to prove their citizenship.
As the constitutionality of the CAA is still under judicial review, if the Supreme Court strikes down the CAA, it could invalidate the citizenship granted under the act, creating further uncertainty for the affected individuals.
