Assam uses 1950 Immigrants Expulsion Act for first time: What it means

Assam's Sonitpur district administration has ordered five people, including four women and one man, who were declared foreigners by a tribunal, to leave India within 24 hours

The Assam government is using a 75-year-old law to remove immigrants from the state, which has not been used for a long time. According to media reports, for the first time, the Immigrants (Expulsion from Assam) Act, 1950, has been used after the state cabinet agreed to implement it this year.

 

According to the report, the Sonitpur district administration has ordered five people, including four women and one man, who were declared foreigners by a tribunal, to leave India within 24 hours. However, after the orders were issued on Tuesday, police said these people are missing and may have run away. 

 

In an effort to tackle illegal immigration from neighbouring countries, the Assam Cabinet approved the framing of a Standard Operating Procedure (SOP) under the Immigrants (Expulsion from Assam) Act, 1950, in September this year.

 

Let's take a look at what the Immigrants (Expulsion from Assam) Act, 1950, means and what other laws control immigration in the state.

What is the IEA Act?

This law was passed in 1950 to allow the government to remove or expel certain immigrants who had come into Assam from outside India if their presence was considered harmful.

 

Although the Act applies to the whole of India, it specifically deals with people who entered Assam after living in another country.

What is the purpose of the Act?

The Act was created mainly to control immigration into Assam after the partition of India and Pakistan. It was aimed at protecting the local people and tribal communities of Assam.

 

The move also allowed the government to remove immigrants whose presence might harm public interest or disturb local peace. However, the law did not apply to refugees who came from areas in Pakistan due to riots or civil disturbances and settled in Assam for safety.

What does the IEA Act entail?

According to the Immigrants (Expulsion from Assam) Act, 1950, the government can order any individual or group of people to leave Assam or India within a set time and via a specified route. 

 

The government may also give further instructions to ensure that the removal has been carried out. It can also delegate these powers to central government officials, state governments like Assam, Meghalaya, or Nagaland and their officers. Authorities could also use reasonable force if needed to enforce the orders.

What are the penalties?

Anyone who violates or attempts to violate an expulsion order, disobeys directions given under the Act, or assists or shelters someone who is supposed to be removed may be punished with a fine or imprisonment of up to three years.

Other acts that govern influx of immigrants

Assam Chief Minister Himanta Biswa Sarma had been pushing to use the 1950 law for several months. In June, he said the government would use this law to send people back to Bangladesh if district officials believe they are foreigners.

 

Some other acts that are in place to control the influx of immigrants include:

• Foreigners Act, 1946: Grants the central government the power to regulate the entry, presence, and departure of foreigners in India.
• Foreigners (Tribunals) Order, 1964: Under this, the government can send a case to a special Tribunal to decide whether a person is a foreigner under the Foreigners Act, 1946.
• Section 6A of the Citizenship Act: Special provision that grants citizenship to migrants who entered Assam from Bangladesh, based on specific dates.
• Passport (Entry into India) Act, 1920: The Act allows the government to control who enters India, make rules about passport requirements, and stop people from entering India if they do not have a valid passport.
• Passport Act, 1967: Provides for the issuance of passports and travel documents, and regulates the departure of citizens from India.