The Illegal Migrandiats (Determination by Tribunals) Act, 1983 India

1. The Illegal Migrandiats Determination by Tribunals Act 1983 India The Illegal Migrandiats Determination by Tribunals Act, 1983 was enacted to provide for the determination by tribunals of the question whether a person has migrated from Bangladesh to India after the 25th of March, 1971. The Act applies to the States of Assam, West Bengal and Meghalaya. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 1. Short title, extent and commencement.- (1) This Act may be called the Illegal Migrandiats (Determination by Tribunals) Act, 1983. (2) It extends to the States of Assam, West Bengal and Meghalaya. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions.- In this Act, unless the context otherwise requires,- (a) "appropriate Government" means, in relation to a tribunal, the Government by which such tribunal is constituted; (b) "Bangladesh" means the territory which, on the 14th day of August, 1947, was comprised in the Governor's Province of Bengal; (c) "prescribed" means prescribed by rules made under this Act; (d) "tribunal" means a tribunal constituted under sub-section (1) of section 3. 3. Constitution of tribunals.- (1) The appropriate Government may, by notification in the Official Gazette, constitute one or more tribunals for the purpose of determining the question whether a person has migrated from Bangladesh to India after the 25th day of March, 1971. (2) A tribunal shall consist of a Chairperson and such number of other members, not exceeding four, as the appropriate Government may think fit: Provided that the Chairperson and every other member of the tribunal shall be a person who is, or has been, a Judge of a High Court. (3) The appropriate Government may appoint any person to be the Registrar of the tribunal and such other officers and employees as may be 2. The Act and its implications The Illegal Migrandiats (Determination by Tribunals) Act, 1983 was enacted by the Parliament of India in order to provide for the determination of the status of illegal migrant and for the expulsion of such migrant from India. The Act provides for the establishment of tribunals for the determination of the status of any person who is suspected of being an illegal migrant. A person who is declared to be an illegal migrant by the tribunal shall be expelled from India and shall be barred from re-entering India. The Act has been criticized for its alleged bias against illegal migrants from Bangladesh. The Act has also been criticized for its failure to protect the rights of illegal migrants. The Illegal Migrandiats (Determination by Tribunals) Act, 1983 is a controversial act which has been criticized by many. The act should be amended in order to protect the rights of illegal migrants and to ensure that they are not treated unfairly. 3. The Act in practice The Illegal Migrandiats (Determination by Tribunals) Act, 1983 was enacted in order to provide for the determination by tribunals of the question whether a person has migrated into India in contravention of the provisions of the Foreigners Act, 1946 or the Passport (Entry into India) Act, 1920. The Act applies to all persons who have migrated into India on or after the 1st of July, 1981. The Act provides for the establishment of tribunals for the purpose of determining the question whether a person has migrated into India in contravention of the provisions of the Foreigners Act, 1946 or the Passport (Entry into India) Act, 1920. The Act also provides for the procedure to be followed by the tribunals and the manner in which their decisions are to be published. The Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 4. The impact of the Act The Illegal Migrandiats (Determination by Tribunals) Act, 1983 was enacted by the Parliament of India with the objective of providing for the determination by tribunals of the question whether or not a person has illegally migrated into India from Pakistan. The Act provides for the constitution of tribunals for the aforesaid purpose and lays down the procedure to be followed by them. It also contains provisions for the powers of the tribunals and the manner in which their decisions are to be made public. The Act has been amended several times since its enactment, most recently by the Illegal Migrants (Determination by Tribunals) (Amendment) Act, 2006. The Illegal Migrandiats (Determination by Tribunals) Act, 1983 was enacted in the wake of the mass influx of refugees from Bangladesh (then East Pakistan) into India in 1971. The Act was intended to determine, on a case-by-case basis, whether a person who had migrated into India from Pakistan since 1st March, 1971 was an illegal migrant or not. The Act was amended in 2004 to provide for the constitution of tribunals for the purpose of determining the citizenship of any person who had migrated into India from Bangladesh on or after the 1st of January, 1972. The Illegal Migrandiats (Determination by Tribunals) Act, 1983 has been the subject of criticism from various quarters. The main criticisms levelled against the Act are that it is violative of the right to equality guaranteed by the Constitution of India, and that it is arbitrary and discriminatory in nature. The Act has also been criticised on the ground that it is not in consonance with the international law principle of non-refoulement, which prohibits the forcible return of refugees to a country where they are liable to be persecuted. Despite the criticisms levelled against it, the Act continues to be in force, and has been used to determine the citizenship of several thousand people who have migrated into India from Bangladesh.