GUWAHATI, Aug 5 - The Axom Jatiya Gana Sangram Parishad (AJGSP), while calling for a legal solution to the vexed foreigners issue in the State, has voiced concern that the children of illegal migrants would be entitled for registration in the NRC as Section 3 and Section 6A of the Citizenship Act, 1955, are totally contradictory.
Interacting with media persons here on Wednesday, AJGSP convener Dr Aroop J Kalita said that the whole exercise of updating the NRC in the State would be rendered futile if the contradictions in the Citizenship Act are not addressed.
�Section 3 of the Citizenship Act, 1955, if interpreted to include children of illegal immigrant, would render Section 6A completely redundant, as Section 3 would enable every person born to illegal migrants up to December 3, 2004 to become a citizen of India, which would include children of illegal migrants from the specified territory as defined in Section 6A (1)(c) of the Act of 1955,� pointed out Dr Kalita.
It may be noted here that Section 6A, which was inserted into the Citizenship Act to provide a legal framework to the Assam Accord, categorically stipulates that all illegal migrants coming on or after March 25, 1971 will be expelled in accordance with law. However, the grant of citizenship by birth unconditionally to the children of such illegal migrants under Section 3 of the said Act is self-contradicting.
�The main purpose of the NRC update exercise in the State is to detect illegal immigrants. But if such an interpretation of the Act is applied, it would be catastrophic for national security, livelihood, natural resources and the cultural fabric of the State,� said Dr Kalita, stressing on a mechanism of deportation following the detection of illegal migrants through the NRC update process.
�Till a repatriation treaty is signed between the Government of India and the Government of Bangladesh, the illegal migrants cannot be officially repatriated. The Government of India has no legal tool as per the international law to deport illegal migrants to Bangladesh even after they are declared illegal by the tribunals and courts of law in India,� added Dr Kalita, observing that the entire exercise of detection of foreigners through the tribunals is nothing but a waste of the tax payers� money.
The AJGSP has called for a National Immigration Policy to deal with the menace. India is yet to have such a policy even decades after Independence.
The AJGSP has approached the Supreme Court with all these issues for necessary interpretation and direction.
