Question : STATUS OF BANGLADESHI IMMIGRANTS



(a) the status of Bangladeshi immigrants who came from 1947 to 1971 in the country;

(b) whether the provisions of Foreigners Act are applicable to the said immigrants;

(c) if so, the details thereof; and

(d) the provisions under which the said immigrants are likely to be repatriated?

Answer given by the minister


MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

(a) to (c): Bangladeshi immigrants who have come to India and residing in various parts of the country are provided citize- nship 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 L.S.US.Q.NO. 2535 FOR 09.12.2014

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.

(d): 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 Terri- tory 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.

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