Why in news?
The Supreme Court has asked the Union government whether the Immigration and Foreigners (Exemption) Order 2025—which allows persecuted minorities from neighbouring countries to stay in India until the end of 2024—contradicts the Assam Accord. The accord fixed 25 March 1971 as the cut‑off date for detecting and deporting illegal immigrants in Assam. Petitions from Assam‑based groups claim that extending the deadline violates this agreement and Section 6A of the Citizenship Act.
Background
The Assam Accord was signed on 15 August 1985 between the Government of India, the Government of Assam and leaders of the All Assam Students’ Union. It ended a six‑year agitation demanding the identification and deportation of illegal migrants who had entered Assam from neighbouring Bangladesh. The accord recognised 1 January 1966 as the base year for determining citizenship and prescribed 25 March 1971—the day before the Bangladesh Liberation War—as the last date for identifying and expelling foreigners who entered the state without documents. To implement these provisions, Section 6A was inserted into the Citizenship Act 1955. It allowed persons who came to Assam between 1 January 1966 and 25 March 1971 to register and become citizens after a ten‑year waiting period, while those arriving after the cut‑off were to be deported.
Key points about the accord and current debate
- Cut‑off date: The 1985 agreement fixed 25 March 1971 as the last date for identifying illegal immigrants. This date is linked to the outbreak of hostilities in Bangladesh and was intended to protect Assam’s demographic balance.
- Section 6A: The special provision in the Citizenship Act gave legal recognition to migrants who arrived in the state between 1966 and 1971, subject to registration and a probation period. It was challenged in court but upheld by a Constitution Bench in 2024.
- New exemption order: The 2025 order allows persecuted minorities from Afghanistan, Bangladesh and Pakistan to stay in India until the end of 2024. Petitioners argue that this extension of the deadline undermines the Assam Accord and encourages further migration.
- Centre’s response: The Union government has been asked to clarify whether the exemption order conflicts with the accord’s provisions. It maintains that the order is a temporary humanitarian measure and does not alter the legal cut‑off date for permanent citizenship.
Significance
- Demographic concerns: Residents of Assam fear that any relaxation of the cut‑off date could change the state’s ethnic composition and strain local resources.
- Legal precedent: The Supreme Court’s examination will determine whether government orders can override a parliamentary statute and a historic accord.
- Humanitarian balance: India seeks to provide refuge to persecuted minorities while respecting agreements with states and addressing citizens’ concerns.
Source: Hindustan Times article
