Foreigners' Act to provide for tribunals

The Cabinet Committee on Political Affairs (CCPA), headed by Prime Minister Manmohan Singh, today dropped the idea of bringing a new law in place of the scrapped Illegal Migrants (Determination by Tribunal) Act and instead decided to amend the Foreigners' Act to ensure fair hearing to a person before declaring him a foreigner.

The decision, soures say, has been taken keeping in mind the upcoming Assembly elections in Assam where migrants form a large chunk of voters.

After the Supreme Court struck down the IMDT Act last year, a group of ministers (GoM) was set up to study the ruling and decide further action. Instead of bringing the IMDT Act in another form, the GoM decided to use provisions under the Foreigners' Act and set up tribunals for determination of illegal migrants.

The Prime Minister, during his visit to the poll-bound state last month, had assured the minorities that all steps would be taken to protect their legitimate interests in the wake of scrapping of the IMDT Act. He had assured that there would be no harrassment of genuine citizens. The Prime Minister, a Rajya Sabha member from Assam, had indicated last month that the GoM would draft an alternative to the IMDT Act soon.

The BJP and the Asom Gana Parishad (AGP) have been the opponents of the IMDT Act on the ground that it has failed in identifying and deporting illegal migrants.

BJP spokesperson Ravi Shankar Prasad said the BJP did not want to discriminate against Indian Muslims but any Act on the lines of the IMDT would encourage infiltration. "This has been made clear by the fact that since the IMDT Act came into force in 1971, till it was contested in 2001, the number of infiltrators locate d under it was only 1,494, while West Bengal, which had the undiluted Foreigners' Act in place repatriated 4,89,046 infiltrators between 1981-1996," he added.

The previous AGP government in Assam had initiated the process of repeal of the IMDT Act, but the Congress, after coming to power, supported its continuance.

It is likely to be a major issue in the coming elections in Assam.