Hasan Ali lives with the constant worry of his father, Taher Ali, a 58-year-old man from Assam’s Nagaon district. He fears for his father’s safety as he faces an uncertain existence after being repeatedly forced across the border into Bangladesh and back again.
A Cycle of Displacement
Over the last eight months, Taher Ali has been “pushed back” into Bangladesh by Indian authorities not once, but three times, according to his son. Bangladesh border officials twice returned him, but the cycle continues. Taher Ali is a “declared foreigner” – a designation given by state tribunals that have stripped thousands of Assam residents of their citizenship, sometimes through orders issued without a hearing, as was the case with Ali.
Historically, a ruling from these tribunals did not automatically qualify someone for deportation, as it did not establish citizenship in another country. However, since May, the Bharatiya Janata Party government in Assam has been invoking a 1950 law to bypass standard deportation procedures, forcibly sending “declared foreigners” across the border, often at night and under armed guard.
In November, the Assam government issued expulsion orders to 22 individuals, demanding they leave the country within 24 hours, effectively preventing legal challenges. But Bangladesh has repeatedly refused to accept these individuals, leaving them in a precarious limbo.
Taher Ali is not alone. Since December 19, at least seven Assam residents have been forced into Bangladesh, only to be returned when refused entry. Idrish Ali, a 45-year-old daily wage worker, has also been subjected to this cycle of expulsion and return three times in the last eight months.
The 1950 Law and Concerns Over Due Process
The Assam government is justifying these actions by citing the Immigrants (Expulsion from Assam) Act of 1950, originally enacted to address concerns over migration following the Partition of India. However, legal experts argue this law is being misapplied.
Advocate Ujjaini Chatterji stated that the current actions are in “direct contravention of the Constitution of India and India’s international law obligations.” She emphasized that deportation requires verification of nationality and formal handover to the alleged country of origin – procedures that are not being followed in these cases.
Abhishek Saha, a doctoral student at Oxford University, described the situation as “the manufacturing of statelessness,” noting that individuals are being “tossed back and forth like tennis balls between the two nations.”
What Happens Next?
The situation remains fluid. If Bangladesh continues to refuse entry, the cycle of “push-backs” and returns is likely to continue, leaving individuals like Taher Ali and Idrish Ali in a state of prolonged uncertainty and vulnerability. It is possible that legal challenges to the Assam government’s policy will gain traction, potentially forcing a reconsideration of the current approach. However, without a clear resolution regarding nationality verification and international cooperation, these individuals may remain trapped in this precarious situation indefinitely.
Frequently Asked Questions
What is a “declared foreigner”?
A “declared foreigner” is someone who has been ruled by Assam’s foreigners tribunals to have failed to prove their Indian citizenship, despite having lived in Assam their entire life.
What is the 1950 law being used to justify these expulsions?
The 1950 law is the Immigrants (Expulsion from Assam) Act, 1950, originally enacted to address concerns over migration after the Partition of India. The Assam government argues it allows for the expedited removal of individuals deemed a threat.
Has the Indian government verified the nationality of those being expelled?
According to the source, the Border Security Force and the Union ministry of home affairs were contacted for comment on this issue, but had not responded at the time of publication. Legal experts have stated that nationality verification is not being conducted prior to these expulsions.
What does it mean to be caught between two countries, with neither recognizing you as a citizen?
Keep reading