Magnifying identity crisis in Assam, 25 ‘declared foreigners’ dead in detention camps

The last count that was known of the death count in the detention centres at Assam was twenty-five. Lately, two more deaths have been reported magnifying the fallouts of the exercise. After the latest phase of the exercise, all who were declared as ”foreigner” by tribunals were lodged in different detention camps across the state.

It is on record that there are a total of six detention centres with total 1, 1145 people who failed to prove in the foreigner tribunals that they or their forefathers lived in Assam before March 24, 1971, The Assam minister for parliamentary affairs, Mr Chandra Mohan Patowary once earlier stated in the proceedings of the state Assembly that ”seven of them died in the current year., after being admitted to the hospitals. 

Politicising the issue: 

The cut-off date of March 24, 1971, was decided back in 1985 to detect identity illegal migrants from Bangladesh living in Assam. The information as given by the minister in the state assembly caused unrest amongst the ministers of the opposition. He was countered by questions as to why these people were not sent to Bangladesh since they were declared foreigners or illegal migrants from the neighbouring country. Potwary avoided the main issue and replied

 “In case of such death, the nationality of the deceased is not taken into consideration. But when the family denies accepting the body, their last rites are performed as per norms meant for unclaimed bodies,”

The deaths of these ”illegal immigrants”, sealed by a quasi-judicial body bound to err pricks the public mindfulness. However, this matter was kept no far from being politicised. There has been opposition by all major political parties in the state of Assam for identity . The chief of the All Indian United Democratic Front, Badaruddin Ajmal has commented on these deaths calling them ”inhuman and tragic”. He has demanded from the government to ”initiate steps towards a solution. Badaruddin said,

 “This is an injustice. When a person is declared a ”foreigner” or a ”Bangladeshi”, they should be sent to Bangladesh. People are kept in detention centres like animals,” 

Congress, ruling in the state of Assam continuously for the past 15 years before the BJP swept it away in 2016 is pointing towards Sonowal government for these unfortunate casualties. Apurba Kumar Bhattacharya, Assam unit Congress general secretary, remarked that the BJP in its approach of governance is missing ”a sympathetic humanising approach” while dealing with the detection of illegal foreigners even after many reported deaths. He says that the BJP promised to protect the Bengali Hindus, but the reality is different.

The Supreme Court had asked the Assam government to release ”declared identity ‘foreigners’ languishing in detention centres for over three years. Moreover, it also noted that the ”declared foreigners”, detained for more than three years should be set free. On this, the state had revealed that out of the 1,1145 ”declared foreigners’foreigners’ lodged in these detention centres.

Three hundred thirty-five are eligible for release. However, the Supreme Court order, though majestic in the letter, has no actual implementation as it comes with a catch. The detainees who will be set free for being in these detention camps for more than three years have to submit two sureties of Rs. 1 lakh each along with a verifiable address, in return for their freedom. This makes it impossible for most of the detainees, belonging to the lower-middle-class families. 

New Detention Camp in Goalpara and the death of Subrata Dey

Despite the hue and cry over the conditions of living in these detention centres, what is appalling that the state opened a new detention camp near Goalpara. This has ignited the human rights activists across the country as well as the parties in opposition. The new detention camp at identity as planned will be in the capacity of accommodating 3000 more people, and the state of Assam has expected to have ten more such detention centres. It was only in this detention camp in Goalpara last year that a 36-year-old man, running a family of five Subrata Dey was declared dead. He died of cardiac arrest, and the complications he developed were beyond the understanding of his family. Her wife said, 

 “We don’t understand the complications he went through. We have been living here for ages. Our forefathers have their names in the NRC of 1951. Still, my husband was declared a foreigner and detained. After his death, the jail authorities brought his body and forced us to perform the last rites.” 

Subrata’s wife was convinced that it was a mere clerical error that had sent him to detention. She said that his name was typed wrong as Subodh Dey instead of Subrata and a person named ”Subodh” was being looked out for by the authorities. Despite many complaints made and promises to resolve the issue of identity , in the past one year the family received no help. She also said that she has already spent Rs. Twenty-five thousand in this process and the advocates say it will require another Rs. 35,000 to ”clear her name”. 

Recently, the death of a 65 years old Dulal Chandra Paul has come to the news. He belonged to an industrious ‘farmers’ family, brought up in the central Assam town of Tezpur. He was declared dead at the Gauhati Medical College and Hospital on October 13, after being announced as an ”illegal immigrant” by the quasi-judicial tribunal deciding the fates of many. His entire family, including his three sons, aged 28, 25 and 14, will now face similar uncertainties of the future. 

Many errors of the tribunal have surfaced in this exercise, and it is only apparent for a body with no judicial training to err. There has been demand from the opposition to review the entire process. Azizur Rahman, advisor to the All Assam Minority Students’Students’ Union (AAMSU) said that the whole process should be re-checked and those found to be Indians should be immediately released. There is a demand for the government to come up with a ”policy as per the Constitution” by Lurinjyoti Gogoi, the general secretary of All Assam Students’Students’ Union (AASU). 

In response to all that is being thrown at the BJP government, the only answer is that the matter is ”sub-judice”. However, they place a lot of trust in the passing of the Citizenship Amendment Bill (CAB), which will end the ”harassment”. The CAB recommends that citizenship be granted to the non-Muslim immigrants who have faced religious persecution in three neighbouring countries and have entered India before December 31, 2014.