Lok Sabha Question No. 3836 (UNSTARRED), answered on 2020-03-17
Subject: Detention of Persons Excluded from NRC
Ministry: HOME AFFAIRS
Asked by: S. Jothimani

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3836

TO BE ANSWERED ON THE 17 TH  MARCH, 2020/PHALGUNA 27, 1941 (SAKA)

DETENTION OF PERSONS EXCLUDED FROM NRC

3836. MS. S. JOTHIMANI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) the details of the Government's policy with regard to those excluded from the National Register of Indian Citizens in the State of Assam who will be detained after exhausting all their legal remedies;
- (b)  whether  the  Government  has  any  plan/policy/scheme  for  the  nationality verification of such persons;
- (c) if so, the details thereof and if not, the reasons therefor;
- (d)  whether the Government has any plan/policy/scheme for ensuring that such persons are not detained for longer periods in the detention centres;
- (e) if so, the details thereof and if not, the reasons therefor; and
- (f)  whether  the  Government  will  protect  the  fundamental  human  rights  of  the refugees?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYA NAND RAI)

(a)  In terms of the Foreigners (Tribunals) Order, 1964 and para 8 of the Schedule appended  to  the  Citizenship  (Registration  of  Citizens  and  issue  of  National Identity Cards), Rules, 2003, any person, not satisfied with the outcome of the decisions of the claims and objections during the process of preparation of final National Register of Indian Citizen (NRIC) in Assam, may prefer appeal before the designated  tribunal  constituted  under The  Foreigners  (Tribunals)  Order, 1964,

## LS.US.Q.NO.3836 FOR 17.03.2020

within a period of one hundred and twenty days from the date of such order; and on the disposal of appeal by the Tribunal, the names shall be included or deleted, as the case may be, in the NRIC in the State of Assam.

The  persons  excluded  from  the  final  list  of  NRIC  in  Assam,  will  be  given  fair opportunity to prove their case.

(b) & (c)   Nationality verification of an illegal immigrant who does not possess a valid travel  document  is  done  by  the  State Government/  Union  Territory Administration  concerned  in  coordination  with  the  Ministry  of  External  Affairs before deportation to his/her native country. This is a continuous process under the  provisions of The Foreigners Act, 1946 and The Passport (Entry Into India) Act, 1920.

(d) & (e):In pursuance of the order dated 10.5.2019 of the Hon'ble Supreme Court of India in WP(Civil) No.1045/2018  - Supreme Court Legal Services Committee vs Union  of  India  and  Another,  Govt.  of  Assam  has  issued  a  notification  on 29.07.2019  providing  for  conditional  release  of  declared  foreigners  who  have completed more than 3 years in detention centres.

(f)  India is not a signatory to the 1951 UN Convention relating to the Status of Refugees  and  the  1967  Protocol  thereof.  At  present,  the  illegal  migrants (including those who claim to be refugees) are dealt under - (i) The Foreigners Act, 1946, (ii) The Passport (Entry into India) Act, 1920, (iii) The Registration of Foreigners Act,1939 and (iv) The Citizenship Act,1955.

## LS.US.Q.NO.3836 FOR 17.03.2020

State  Governments/UT  Administrations  have  been  advised  to  provide  all  the necessary  facilities  for  the  detenues  to  maintain  standard  of  living  and  basic amenities in consonance with human dignity.

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