The Gauhati High Court has expressed serious concern over the continuous influx of illegal migrants into Assam and its far-reaching impact on the State’s demographic composition, social harmony, and indigenous identity. The Court observed that the persistent arrival of foreign nationals has led to significant demographic changes in Assam, causing widespread discontent among the native population. It stated that while such demographic shifts may not directly influence other parts of India, they pose an existential threat to the people of Assam, whose cultural, political, and economic identity has been under increasing strain due to migration from across the border.
The case before the Court involved a habeas corpus petition filed for the release of a woman who had been declared a foreign national by a Foreigners Tribunal and was consequently detained. The petitioner argued that her continued detention was arbitrary and violative of constitutional protections. The Court, however, held that once a person is declared a foreign national through the due legal process, they cannot claim the same fundamental rights available to Indian citizens. The bench clarified that while every human being is entitled to dignity, constitutional guarantees such as those under Article 22 of the Constitution cannot be extended to individuals who are not citizens of India. It emphasised that such persons remain subject to deportation and other lawful measures as per national laws governing foreigners and illegal migration.
In its detailed judgment, the Court traced the history of migration into Assam and referred to official reports and data highlighting the demographic imbalance caused by illegal influx over the decades. The bench noted that this migration has not only altered the population structure of several districts but has also created social and political tensions. It stated that the increasing number of settlers without legal citizenship status has placed pressure on land, employment opportunities, and essential resources, thereby marginalising the indigenous Assamese population.
The Court further observed that narratives portraying migration as a result of “religious persecution” were being selectively used to manipulate public perception and could amount to “misinformation warfare” aimed at destabilising the region. It clarified that claims of persecution cannot be a blanket justification for illegal entry and that the issue must be examined strictly within the framework of national security, border control, and citizenship laws. The judgment stressed that India’s sovereignty and the protection of its borders must remain paramount and that unchecked migration could threaten both national integrity and the survival of local communities.
The bench reaffirmed that enforcement of the Foreigners Act, the Assam Accord, and related legal mechanisms is crucial to maintaining demographic balance and protecting indigenous rights. It concluded that while compassion and humanity must guide administrative actions, the State’s responsibility to safeguard its citizens and preserve Assam’s demographic and cultural stability is equally vital. The ruling underscores the judiciary’s recognition of illegal immigration as a complex socio-political and constitutional issue requiring consistent enforcement of the law and proactive governance.
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