SC seeks data on grant of citizenship to immigrants in Assam

New Delhi: The Supreme Court Tuesday sought data on the beneficiaries of section 6A of the Citizenship Act in Assam, saying there was no material before it which could indicate that the effect of granting Indian citizenship to Bangladeshi immigrants between 1966 and 1971 was so great that it impacted the demographic and cultural identity of the border state.

While acknowledging the problem of cross-border infiltration in Assam, a five judge constitution bench headed by Chief Justice D Y Chandrachud referred to the humanitarian aspect of the 1971 Indo-Pakistan war for the liberation of Bangladesh which also led to the influx of immigrants.

The bench, also comprising Justices Surya Kant, M M Sundresh, J B Pardiwala and Manoj Misra, commenced hearing 17 petitions to examine the constitutional validity of section 6A of the Citizenship Act relating to illegal immigrants in Assam.

Section 6A was inserted in the Citizenship Act as a special provision to deal with the citizenship of people covered under the Assam Accord.

It says those who came to Assam on or after January 1, 1966 but before March 25, 1971 from specified territories, including Bangladesh, in accordance with the Citizenship Act amended in 1985, and since then are residents of the northeastern state, must register themselves under section 18 for acquiring Indian citizenship.

As a result, the provision fixes March 25, 1971 as the cut-off date for granting citizenship to Bangladeshi migrants in Assam.

"But to test your argument there is no material before us to indicate that the impact of granting certain benefits to citizens who came in between 1966-71 was so grave that the demographic and cultural identity of the state was affected by those 5 years," the bench told senior advocate Shyam Divan who said the socio-cultural, economic and other rights of the indigenous people are getting affected due to the influx and the special provision.

"Yes, we will have to see whether the impact of section 6 A was such that between 1966 and 1971 a radical change in demography took place in the state so as to affect the cultural identity of Assam," the bench said. It asked Solicitor General Tushar Mehta, appearing for the Centre, to provide the data on the beneficiaries of the legislation since 1966 to July 16, 2013. Mehta assured he will file it.

The hearing will resume on Wednesday. As many as 17 petitions, including the one filed by NGO Assam Public Works in 2009, are pending in the apex court.