Why in the news? 

On July 5, the Assam government instructed the Border wing of the State police not to refer cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals (FTs).

About Foreigners Tribunals: 

• Foreigners Tribunals are quasi-judicial bodies established to determine if a person staying illegally in India is a “foreigner” or not.
• They were set up under the Foreigners (Tribunals) Order, 1964, enacted by the central government under the Foreigners Act, 1946.
• Initially, only the central government could set up these tribunals. But a 2019 amendment empowered district magistrates in all states and UTs to establish Foreigners Tribunals.
• The tribunals have the powers of a civil court to summon witnesses, require document production, and examine evidence.

Decision-Making Process of Foreigners Tribunals:

• Referral: Individuals suspected of being foreigners are referred to FTs by local authorities or border police. This referral can be based on various factors, including lack of documentation or doubtful voter status.
• Notice Issuance: Upon receiving a reference, the FT issues a notice to the person alleged to be a foreigner. This notice is served in English or the state’s official language.The person has 10 days to respond to the notice and an additional 10 days to submit evidence supporting their claim of citizenship.
• Submission of Evidence: The individual must present evidence to prove their Indian citizenship. This may include documents like birth certificates, school certificates, land records, or other official records.
• Verification: The tribunal examines the documents and evidence provided, and may call witnesses or seek additional information if necessary.
• Hearing: The FT has the authority to summon and examine the individual on oath, and to require the production of additional documents. The tribunal operates with certain powers of a civil court.
• Judgment: If the evidence provided is deemed insufficient to prove citizenship, the individual may be declared a foreigner. If evidence is adequate, the person is recognized as an Indian citizen.
• Detention and Deportation: If declared a foreigner and unable to appeal successfully, the person may be sent to a detention center (transit camp) for deportation.

Role of Border Police:

• Detection and Referral: The Assam Police Border Organisation is responsible for detecting illegal foreigners and referring suspicious cases to FTs.
• Patrolling and Defence: They patrol the India-Bangladesh border, work with the Border Security Force, and maintain a second line of defense.
• Monitoring: They monitor people settled in riverine and char (sandbar) areas.
• Cases of ‘D’ Voters: They refer cases of ‘D’ (doubtful) voters to FTs as directed by the Election Commission of India.
• NRC Appeals: People excluded from the NRC can appeal to the FTs through this wing to prove their citizenship.

Challenges and Criticisms:

• Supreme Court Rulings: The Supreme Court has overturned FT orders citing grave miscarriages of justice, such as the wrongful declaration of a deceased farmer, Rahim Ali, as a foreigner.
• Corruption and Malpractice: Observations have been made about corruption within the system, with allegations of notices being improperly served.

Conclusion: Need to Implement stricter oversight and auditing of Foreigners Tribunals to ensure fairness and adherence to legal procedures. Regular reviews and monitoring can help prevent corruption and malpractice, ensuring that notices are properly served and tribunal processes are transparent.

Mains PYQ: 

Q How far are India’s internal security challenges linked with border management particularly in view of the long porous borders with most countries of South Asia and Myanmar? (UPSC IAS/2013)

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