Where is the act applicable? Only in the state of Assam. In other states, detection of foreigners is done under the Foreigners Act, What did the act set out to do? According to this act an illegal migrant is a person who: i entered India on or after March 25,
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Salient features[ edit ] The Foreigners Act, defines a foreigner as a person who is not a citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person. However, under the Illegal Migrants Determination by Tribunal IMDT Act, the burden of proving the citizenship or otherwise rested on the accuser and the police, not the accused.
This was a major departure from the provisions of the Foreigners Act, If a suspected illegal migrant is thus successfully accused, he is required by the Act to simply produce a ration card to prove his Indian citizenship.
And if a case made it past these requirements, a system of tribunals made up of retired judges would finally decide on deportation based on the facts. It excluded the migrants who entered India before March 25, from the illegal-migration accusation. And for post migrants too, the procedure for deporting were tough.
In a three-judge Bench of the Supreme Court of India held that the Illegal Migrants Determination by Tribunals Act, and rules "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants" and struck down the Act. It asserted that the demand for deleting the names of alleged 41 lakh doubtful voters from the list of on the basis of religious and linguistic profiling would prima facie be illegal, arbitrary and violative of the secular and democratic credentials of India.
The court posted the matter for final hearing on 6 November
Illegal Migrants (Determination by Tribunal) Act, 1983
This is a setback for the Congress in poll-bound Assam as the appeasement legislation had helped it to build up a minority votebank. While Sonowal had contended that IMDT Act is only encouraging votebank politics without addressing the problem of illegal migrants, the Assam government had supported the law, saying it was equitous. Cases pending before the tribunals would stand transferred to tribunals under the Foreigners Act, the Court said. The IMDT Act, enacted in , remained more of a legislation on paper with provisions designed to make it difficult for the authorities to identify, leave alone deport, illegal Ban-gl-adeshis from Assam. The poor implementation of the IMDT Act is clear from the fact that compared to 30 tribunals provided for in the original Act, only 16 were finally approved.
Short title, extent and commencement. Nothing in this Act shall apply to or in relation to-- a any person who was in any State and who had been expelled from that State or India before the commencement of this Act in that State or in relation to whose expulsion from such State or India any order made before such commencement under any other law is in force; b any person detected as a foreigner at the time of his entry across any border of India; c any foreigner who, having entered into India under a valid passport or travel document, continued to remain therein after the expiry of the period for which he was authorised to remain in India under such passport or travel document. Definitions and construetion of references. Overriding effect of the Act. Establishment of Illegal Migrants Determination Tribunals. Filling of vacancies. If, for any reason, any vacancy occurs in the office of the Chairman or the member of a Tribunal, the Central Government may fill the vacancy by appointing any person who fulfils the qualifications specified in sub- section 2 of section 5, as the Chairman, or, as the case may be, member of such Tribunal.
IMDT ACT 1983 PDF
Why Jafrabad is usual suspect for sleuths. What can be more ridiculous than this? In other words, illegal immigrants from Bangladesh escaped provisions of the IMDT Act for the simple reason that each aact they were reported to the Assam police, they shifted to another location, becoming untraceable. As a result of this Act, during tototal 3, 05, cases were brought forth, out of which only were declared as foreigners; and only were driven out of the country. The Hindu : National : IMDT Act is the biggest barrier to deportation, says Supreme Court Even of this 16, barely five were functional bywhile the remaining 11 remained defunct with just one person on the Bench against the required strength of two judges.
SC strikes down IMDT Act as unconstitutional