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General Studies 2 >> Governance

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FOREIGNERS TRIBUNALS (FT)

FOREIGNERS TRIBUNALS (FT)

 
 
1. Context
 
On July 5, the Assam government asked the Border wing of the State’s police not to forward cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals (FTs). This was in keeping with the Citizenship (Amendment) Act of 2019 that provides a citizenship application window for non-Muslims — Hindus, Sikhs, Christians, Parsis, Jains, and Buddhists — who allegedly fled persecution in Afghanistan, Bangladesh, and Pakistan
 
2. What are Foreigners Tribunals(FT)?
 
Foreigners Tribunals (FTs) are quasi-judicial bodies in India established under the Foreigners Act, 1946. Their primary purpose is to determine whether a person residing in India is a foreigner or an Indian citizen.
 
Here are some key aspects of Foreigners Tribunals:
  • FTs are set up by the central government in consultation with state governments. They operate in states with significant concerns about illegal immigration, notably Assam
  • The tribunals evaluate cases referred to them by the authorities, such as the Border Police, who suspect individuals of being illegal immigrants. These cases can also arise from the National Register of Citizens (NRC) updates or voter list verifications
  • Individuals suspected of being foreigners are issued notices to prove their citizenship. They must present documentary evidence and witnesses to support their claim. The tribunal examines the evidence and makes a determination
  • FTs function like civil courts. They follow procedures akin to those of a civil court, allowing individuals the right to present evidence, call witnesses, and have legal representation
  • If a tribunal declares a person to be a foreigner, they may face detention and deportation. Conversely, if the individual is declared an Indian citizen, they are entitled to all rights and protections under the law
  • FTs have been criticized for various reasons, including alleged biases, inconsistencies in decisions, and the difficulties faced by individuals in producing documentary evidence. Concerns have also been raised about the treatment of those declared foreigners, including issues related to human rights and detention conditions
  • In Assam, FTs play a crucial role due to the state's unique history and concerns about illegal immigration from neighboring Bangladesh. The NRC update in Assam, aimed at identifying genuine Indian citizens, has led to numerous cases being referred to FTs for final determination
 
How does an FT function?
 
According to the 1964 order, a Foreigners Tribunal (FT) holds the authority of a civil court in specific matters, such as summoning individuals, enforcing their attendance, examining them under oath, and demanding the production of documents. The tribunal must issue a notice in English or the state's official language to a person suspected of being a foreigner within 10 days of receiving the reference from the relevant authority. The individual then has 10 days to respond to the notice and another 10 days to present evidence supporting their case. The FT is required to resolve the case within 60 days of the reference. If the person cannot provide proof of citizenship, the FT can order their detention in a transit camp, formerly known as a detention center, pending deportation
 
3.Foreigners Tribunal Member
 
A Foreigners Tribunal (FT) member in India plays a crucial role in determining the citizenship status of individuals suspected of being illegal immigrants.
 
Here are some key points about the role and responsibilities of an FT member:
 
  • FT members are appointed by the central government in consultation with the state governments. They are typically retired judicial officers or individuals with legal expertise, ensuring that they have the necessary knowledge and experience to handle such cases.
  • According to the 1964 order, FT members have powers akin to those of a civil court. This includes the authority to summon individuals, enforce attendance, examine witnesses under oath, and require the production of documents.
Role and Responsibilities:
  • Case Evaluation: FT members review cases referred to them by authorities, such as the Border Police or from the National Register of Citizens (NRC) processes.
  • Hearing Proceedings: They conduct hearings where individuals suspected of being foreigners are required to present evidence proving their citizenship. This involves examining documents, hearing testimonies, and considering any other relevant evidence.
  • Decision Making: Based on the evidence presented, FT members decide whether the individual is an Indian citizen or a foreigner. Their decisions can have significant implications, including the possibility of detention and deportation for those declared foreigners.
 
Amnesty International
 
Amnesty International is a global non-governmental organization focused on human rights. Founded in 1961 by British lawyer Peter Benenson, its mission is to conduct research and take action to prevent and end grave abuses of human rights.
 
Here are some key aspects of Amnesty International:
  • Amnesty International campaigns against various human rights violations, including torture, political repression, and unjust imprisonment. It works to uphold freedoms related to speech, expression, and assembly, among others.
  • The organization conducts detailed investigations and publishes reports on human rights abuses worldwide. These reports help bring international attention to issues and pressure governments and organizations to make changes
  • With millions of members and supporters across over 150 countries, Amnesty International operates on a global scale, addressing human rights issues in diverse regions
  • A key aspect of its work involves advocating for individuals who are imprisoned or persecuted for their beliefs, identity, or activism. The organization’s "Write for Rights" campaign, for example, mobilizes global support for such individuals
  • Amnesty International engages in legal advocacy, working to influence national and international laws and policies to better protect human rights. It also provides legal aid and support to victims of human rights abuses
  • The organization runs human rights education programs aimed at raising awareness and understanding of human rights issues among the public
  • Over the years, Amnesty International has received various accolades, including the Nobel Peace Prize in 1977, recognizing its efforts to protect human rights globally
 
 
Source: The Hindu

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