Skip to content Skip to navigation

Supreme Court remarks on illegal detention fly in face of India’s constitutional and international obligations: CHRI

New Delhi: The Supreme Court needs to reaffirm India’s constitutional and international obligations to rights on complex issues of nationality, detention and deportation and not be unmindful of its own commitment to these duties, the Commonwealth Human Rights Initiative (CHRI) has urged.

The following is the text of the statement, issued today, and signed by a group of eminent citizens including former Supreme Court Justice Madan Lokur, Wajahat Habibullah, CHRI’s Chair and former Chief Information Commissioner, Justice AP Shah, former Chief Justice of the Delhi High Court, and a number of senior former officials and civil society leaders:

As concerned citizens, we look to the Supreme Court to reaffirm India’s constitutional and international obligations to rights on sensitive issues. That is why we are disappointed by recent statements by the Chief Justice of India on a complex matter relating to illegal detention and deportation, without heeding India’s own constitutional and international obligations.

While advocating greater detention of suspected ‘foreigners’, the Chief Justice brushed aside the Assam Chief Secretary with a stinging admonition for proposing a methodology for the release of a handful of foreign prisoners who had been in detention beyond their term of sentence for illegal entry. This was especially of concern for the case concerned the wilful violation of the human rights of hundreds of detainees who were languishing in what the court itself accepts are “inhuman conditions”.

We regard these remarks as unfortunate.

Article 21 is very clear in its intent, ambit and process. It binds all duty-holders and citizens with the ringing affirmation that no person in India (and we emphasize that there no special privileges here for Indian citizens) can be deprived of her/his right to life and liberty without due process.

There is no deportation agreement with Bangladesh. International law lays down that such deportations can take place only with the consent of the country of origin. Bangladesh has consistently refused to accept that its citizens migrate in large numbers to India. Indeed, Bangladesh regards such unilateral efforts as harmful to a bilateral relationship that is critical for the security and stability of both countries and especially of our eastern region.

We cannot place ourselves in a situation where we are seen as forcing people out at gunpoint; it would be ethically unjust, wrong in law and draw international condemnation.

We are acutely sensitive to concerns in Assam and other parts of the North-east and across the country about the problem of illegal migration from Bangladesh, a long-standing issue that has defied official proclamations and pledges of “push back”, “deportation” and “detection”. Whatever methods are used they must be undertaken within the rule of law frame, be just and fair and designed to minimise individual hardship and tragedy. We believe there is a need that this is a tragedy of growing intensity which is gathering momentum as a result of the current National Register of Citizens (NRC) exercise in Assam.

Accounts from Assam indicate that often arbitrariness not rule of law is used to define those who have come post-1971 from Bangladesh (of whatever religious denomination) and those who are Indian nationals.

Lakhs are in limbo and now fear that they may become “stateless” because of a process that is mired in a mix of complexity, confusion, lack of precision and prejudice.

Many of those at risk are from the bottom of the economic pyramid, unable to sustain the complex adjudication process needed to establish their citizenship. Large numbers are already in detention camps.

Although the Supreme Court mandated deadline for a ‘final’ list is July 2019, we understand that not less than 38 lakh persons out of the 40 lakh (four million) who had found themselves off the NRC last year have filed applications for inclusion. Such a huge number of requests cannot be processed in two months and we urge that this not be hurried as the consequences are too devastating to contemplate. The efforts need to be steady and methodical so that the charges of arbitrariness, prejudice and poor record keeping, which have plagued the NRC process, do not stick.

It must be pointed out here that India is a signatory to the Universal Declaration of Human Rights in which its representatives played a stellar part in developing the language that all of us are familiar with in regard to equality, non-discrimination and gender. Our international commitments are clear as to the rights of people affected in such situations.

It would also be unacceptable if any Indian of any religious denomination is harmed by negligence, wilful prejudice, wrongful confinement and prosecution.

Failure to address this critical situation adequately and justly would be seen internationally as a gross violation of human rights and a blot on India's traditional record. What is also of concern to us are social fault lines that could be exacerbated by insensitive handling that could leave many people desperate, particularly youth, with the potential of radicalization.

As concerned citizens, we appeal to the judicial system and the government to explore a solution that addresses the human dimension. The situation in Assam and inter alia other parts of the North-east represent unprecedented challenges and conditions that cannot be resolved by application of a routine legal framework which is designed to deal with individual cases.

Wajahat Habibullah, Chairperson, CHRI

Members:

Justice Madan Lokur

Justice AP Shah

Ms. Vineeta Rai (IAS, retd, former Revenue Secretary to the Government of India)

Nitin Desai, former Under Secretary, United Nations)

Jacob Punnoose (IPS, retd)

Poonam Muttreja (Member, Executive Committee, CHRI)

Kamal Kumar (IPS, retd)

Ms. Maja Daruwala (Adviser, CHRI)

Jayanto N. Choudhury (IPS, retd)

Dr. BK Chandrashekar (ex MLC, Karnataka)

Sanjoy Hazarika (International Director)

Add new comment

Assamese Translator

Assam Times seeks English to Assamese translators!
Join our volunteer team.
Email editor@assamtimes.org.

Random Stories

Tiwa council formation on Oct 9

28 Sep 2015 - 3:23pm | AT News
Congress is all set to form the Tiwa Autonomous Council on October 9.The process to form the council gathered momentum two days after the Gauhati High Court asked the ruling party to form the council...

Cabinet clears AIIMS in Guwahati

25 May 2017 - 6:42am | AT News
The  Union cabinet on Wednesday cleared the proposal to set up the proposed AIIMS in the outskirt of Guwahati triggering huge protest in Raha where the local residents are staging road blockade...

The Sunday Show that was

25 Feb 2008 - 1:08am | Babul Gogoi
It was a swashbuckling show of rainbow culture that came alive to mesmerize the denizens of Delhi. More than 5,000 people who thronged at the lawns of India Gate on the chilly Sunday evening in the...

Poetry: My Beloved Brother

25 Mar 2009 - 10:00pm | Ran
O' my beloved brother; You are a Divine soul, Although departed but Beautiful and bold. Happy were the days; Life together we faced...

Other Contents by Author

Guwahati: The 8th Chalachitram National Film Festival – 2024 concluded at Jyoti Chitraban in Kahilipara, Guwahati, on October 27, celebrating diverse cinematic works. Jaswandha, directed by Shoneel Yallattikar, won the Best Film in the rest of India category, while A Sylvan Saga by Jyoti Prasad Das was awarded the Best Film in Northeast India. Das also took home the Best Director award, and Abhijit Nayak received the Best Screenplay award for Wrong Number, directed by Bijit Borgohain. Awards for Best Cinematography went to Angsuman Barua & Pradip Ch Sarma for Aadi Shakti Maa Kamakhya and Chida Bora & Saril Nandan Deka for Teens of 1942 (directed by Samiran Deka). The Best Editing...
Guwahati, 25 October 2024 – Tata Institute of Social Sciences (TISS) Guwahati Off-Campus celebrated its 11th Convocation for the graduating class of 2024 at the Maniram Dewan Trade Centre Auditorium, Guwahati. Distinguished guests included Chief Guest Prof. Gauri Dutt Sharma, Vice-Chancellor of the University of Science and Technology Meghalaya (USTM), TISS Chancellor Prof. D.P. Singh, and other dignitaries who gathered to commemorate the achievements of the graduates. The ceremony began with the lighting of the lamp, accompanied by Saraswati Vandana. In his welcome address, Pro-Vice Chancellor Prof. Shankar Das congratulated the 165 graduates—five Ph.D. scholars, 112 postgraduates, and...
Guwahati: The annual Chalachitram National Film Festival will begin on Saturday in Guwahati, Assam. This year's festival, themed "Our Heritage, Our Pride," will showcase 50 documentary and short feature films.  The two-day event, organized by Chalachitram, a subsidiary of Vishwa Samvad Kendra Assam, aims to foster nationalism through film and pay tribute to India's rich heritage. The festival will be inaugurated at Jyoti Chitraban premises in Kahilipara on October 26. A variety of films from across India will be screened, covering topics such as land and people, tourism, arts, handicrafts, and social issues. The inaugural film will be "The Last Generation," directed by Prabal...
The prestigious Golok Samman for 2023 has been announced, honoring four distinguished young individuals for their exceptional contributions in the fields of art, translation, research, and environmental activism. The award, instituted by the UD Foundation in memory of the noted translator and social worker Golok Chandra Datta, celebrates those who have made significant cultural and social impacts in Assam. This year’s recipients are Dr. Sanjeev Bora, a renowned artist; Avantika Parashar, a noted translator; Rajesh Dattabaruah, an environmental activist; and Dr. Baburam Saikia, a Sattriya dancer and researcher. Recognizing Talent in Art and Visual Media Dr. Sanjeev Bora has been...
Join Our Dedicated Volunteer Team! Assam Times, a volunteer-run news platform established in 2007, is seeking talented individuals to join our team as English to Assamese volunteer translators. Are you: A native Assamese speaker with excellent fluency in written English? Passionate about accurate and culturally sensitive translations? Committed to delivering high-quality content for our readers? If so, we want to hear from you! Responsibilities: Translate a variety of news articles and content from English to Assamese, ensuring accuracy and clarity. Maintain a consistent and high-quality writing style for Assam Times. Meet deadlines and communicate...
Guwahati, September 18: Aaranyak, in partnership with the Namdapha Tiger Reserve Authority and supported by the Arcus Foundation, has initiated a groundbreaking Hoolock gibbon conservation education program in the fringe areas of Namdapha Tiger Reserve, Changlang district, Arunachal Pradesh. This initiative, which commenced on August 22, is the first of its kind in the state and aims to create a community of young conservationists who can actively contribute to the protection of this endangered primate. The program has reached 17 schools in the Miao subdivision, covering students from upper primary to higher secondary levels. The sessions, conducted by the Primate Research and...
Diets rich in ultra-processed foods have long been associated with a myriad of health problems, including cardiovascular disease, cognitive decline, and even premature death. However, the vast category of ultra-processed foods encompasses a wide range of products, from seemingly benign options like whole-grain bread and plant-based milk to more obvious culprits like hot dogs and sugary sodas. A recent groundbreaking study led by researchers from Harvard T.H. Chan School of Public Health has shed new light on the specific types of ultra-processed foods that pose the greatest risk to heart health. This comprehensive study, published in The Lancet Regional Health-Americas, analyzed data...
Kaziranga National Park, a UNESCO World Heritage site renowned for its one-horned rhinoceros and diverse ecosystems, is at a critical crossroads. Known for its rich biodiversity and the harmonious coexistence of local communities with nature, Kaziranga's landscape and social fabric are under threat. The Assam government's push to boost tourism by transferring land adjacent to the park to private hospitality industries has sparked significant controversy, raising concerns over the rights of indigenous communities and the ecological future of the region. The Push for Luxury Tourism Today marks a significant step in the Assam government's tourism agenda, with the signing of another...
The mid-20th century in America was a time when smoking was as normal and ubiquitous as eating. Picture this: in 1956, the average American smoked about 4,000 cigarettes a year. That’s a half-pack a day, for everyone—men, women, and even some children were all puffing away, encouraged by a relentless media, celebrities, and even health professionals. Fast forward to 2019, and while smoking rates have plummeted, a new health crisis has taken its place—our diet. Today, the leading cause of death and disability in the United States is not smoking; it's what we eat. The Global Burden of Disease Study, funded by the Bill and Melinda Gates Foundation, identifies poor diet as the #1 cause of...
A day after Assam Chief Minister Himanta Biswa Sarma declared that he "will take sides" and "will not let Miya Muslims take over all of Assam," opposition leaders filed a police complaint on August 27 accusing him of promoting enmity between different religious and ethnic groups. The complaint was lodged at the Dispur police station by Assam Pradesh Congress Committee President Bhupen Borah and Assam Jatiya Parishad's Lurinjyoti Gogoi, representing the United Opposition Forum, a coalition of groups opposed to the BJP and its allies. The complaint, supported by Independent Rajya Sabha MP Ajit Bhuyan, Leader of the Opposition in the Assam Legislative Assembly Debabrata Saikia, and Congress...