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Eroding identities of Brahmaputra’s children
India🏛️ PoliticsLean Progressive7 days ago

Eroding identities of Brahmaputra’s children

Aminul Hoque, a 38-year-old man from Assam, has faced significant challenges to his Indian citizenship due to a ruling by the Foreigners' Tribunal (FT) in Guwahati, which declared him a non-citizen. This decision threatens to erase his identity and status as an Indian. Aminul's family has a long history in the region, having relocated multiple times due to erosion caused by rivers like the Brahmaputra and Jinjiram. They provided various documents, including the 1951 National Register of Citizens (NRC), school records, and voter lists, to prove their lineage and residency. However, these were insufficient to convince the Gauhati High Court. The issue stems from the Assam-specific Foreigners Act, 1946, and the 1985 Assam Accord aimed at addressing illegal immigration. Aminul's case highlights the difficulties faced by individuals caught in bureaucratic processes meant to identify and deport suspected illegal immigrants.

A second chance for 27 Assam residents declared foreigners has been granted following a landmark Supreme Court ruling that overturned previous determinations made by the Foreigners Tribunal. The decision, delivered by a bench comprising Justices Vikram Nath and Sandeep Mehta, mandates that each case be reviewed afresh, ensuring adherence to constitutional principles of fairness and due process. Noor Jahan and Abdul Jebbar, a 60-year-old woman and her 75-year-old husband from Assam's Morigaon district, spent nearly seven years in a detention center after being declared foreigners by the tribunal in 2011 and 2012 respectively. Their ordeal began when the Foreigners Tribunal issued notices in early 2009, prompting the couple to appear before the tribunal twice. However, due to a communication gap with their lawyer, they were unaware of subsequent hearing dates and eventually failed to attend further sessions. As a result, they were declared foreigners in an ex-parte order, leading to their prolonged detention. The couple was arrested in 2013 and remained in custody until 2020, when the Supreme Court ordered their release on conditional bail amid the pandemic. During this time, they lived in a modest home, with Noor Jahan working as a housewife and Abdul Jebbar serving as a mosque cleric in Tezpur prior to his arrest. Their struggle to prove their Indian citizenship began in 2013 when they filed a writ petition with the Gauhati High Court, which was dismissed four months later. In 2017, they sought assistance from advocate Milan Laskar, who helped them approach the Supreme Court. Laskar confirmed that Noor Jahan's father, Abdul Khalek, was listed in the 1951 National Register of Citizens (NRC) draft, and that the family possessed relevant documentation. Despite these efforts, the couple faced financial hardship, spending over ₹12 lakh on legal proceedings. Family members sold property, livestock, and other assets to cover costs. Their eldest son, Umar Faruk, recounted how two of the five brothers were minors at the time of their parents' arrests and had to abandon education to support the legal battle. The Supreme Court's recent ruling marks a pivotal moment for the 27 individuals whose cases were previously handled by the Foreigners Tribunal. The court emphasized that citizenship status should not be determined through a rigid, technical process devoid of procedural fairness. It directed that all cases be reassessed by the respective tribunals, while prohibiting any coercive measures against the applicants until the proceedings conclude. The judgment underscores the need for a constitutionally compliant process in determining citizenship, particularly for those whose claims have been rejected based on incomplete or misunderstood evidence. While the court did not grant immediate citizenship, it acknowledged the gravity of the issue and mandated a thorough review of each case. The Assam Accord, signed in 1985, recognizes individuals who arrived in the state before January 1, 1966, as Indian citizens. This framework continues to influence ongoing discussions regarding the NRC and the broader citizenship debate in Assam. The recent ruling adds another layer to this complex legal landscape, offering hope to those who have long fought for recognition of their rights.

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2 reports

Hindustan Times logoHindustan TimesIndependentCenterFactual 80Objective 757 days ago
A second chance for 27 Assam residents declared foreigners

Noor Jahan and Abdul Jebbar, an elderly couple from Assam, spent over seven years in a foreigners' detention center after being declared illegal foreigners by a Foreigners Tribunal in 2011 and 2012 respectively. Their case, along with 27 other Assam residents, was addressed in a recent Supreme Court ruling. The couple faced significant challenges, including a lack of communication with their lawyer leading to missed hearings, and financial strain as they spent over ₹12 lakh on legal costs. Despite these hardships, they eventually secured a chance to present their citizenship documents, highlighting systemic issues in the foreigner verification process.

Bias read (Center): The article presents the case of Noor Jahan and Abdul Jebbar without overtly criticizing or praising the government's handling of the foreigner verification process. It reports on the legal and personal struggles of the individuals involved while maintaining a balanced tone. The focus is on the due-

Why factuality (80): The article accurately describes the cases of Noor Jahan and Abdul Jebbar, detailing their time in detention, the legal procedures involved, and their eventual release. It mentions the Supreme Court's involvement and the broader context of the 27 Assam residents affected by similar proceedings. The

Why objectivity (75): The article uses direct quotes from Noor Jahan to illustrate the emotional and physical distress experienced by the detained individuals. While this adds depth to the reporting, it also introduces a subjective perspective. The article remains largely factual but has a slight tilt towards highlightin

The Hindu logoThe HinduIndependentProgressiveFactual 75Objective 657 days ago
Eroding identities of Brahmaputra’s children

Aminul Hoque, a 38-year-old man from Assam, has faced significant challenges to his Indian citizenship due to a ruling by the Foreigners' Tribunal (FT) in Guwahati, which declared him a non-citizen. This decision threatens to erase his identity and status as an Indian. Aminul's family has a long history in the region, having relocated multiple times due to erosion caused by rivers like the Brahmaputra and Jinjiram. They provided various documents, including the 1951 National Register of Citizens (NRC), school records, and voter lists, to prove their lineage and residency. However, these were insufficient to convince the Gauhati High Court. The issue stems from the Assam-specific Foreigners Act, 1946, and the 1985 Assam Accord aimed at addressing illegal immigration. Aminul's case highlights the difficulties faced by individuals caught in bureaucratic processes meant to identify and deport suspected illegal immigrants.

Bias read (Progressive): The article focuses on the impact of Assam's Foreigners Tribunals and the Citizenship Amendment Act on individuals, highlighting systemic issues with citizenship verification and the potential for wrongful deprivation of citizenship. It emphasizes the human cost of policies designed to combat 'illeg

Why factuality (75): The article provides detailed information about Aminul Hoque's case, including the date of the Foreigners' Tribunal judgment and the legal framework surrounding the FTs. It references the 1985 Assam Accord and the Foreigners Act, 1946, which are relevant historical and legal contexts. However, the a

Why objectivity (65): The article presents the story from the perspective of Aminul Hoque and his family, using emotive language such as 'Aminul was lost' and 'he was shocked.' This suggests a sympathetic tone towards the individual and his family, potentially influencing the reader's perception.

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