Gorkhas must not be sent to foreigners’ tribunal: MHA

Guwahati: The Union home ministry clarified Wednesday that Gorkhas from Nepal with valid identity cards and those who are Indian citizens and living in Assam will not be sent to foreigners’ tribunals to decide their nationality. In a communication to the Assam government, the MHA said only those individuals who had come to Assam from specific areas, including Bangladesh, immediately before the commencement of the Citizenship
(Amendment) Act 1985 and are not Indian citizens, can be referred to the foreigners tribunals to identify whether they are illegal immigrants.

This came after the All Assam Gorkha Students’ Union told Union home minister Rajnath Singh recently that some Gorkhas living in Assam had been referred to the foreigners’ tribunals.

The MHA, in a September 24 communication to the Assam government, listed various provisions to obviate the difficulties faced by Gorkhas over Indian citizenship. The letter states Gorkhas who were Indian citizens at the time of the commencement of the Constitution, or those who are Indian citizens by birth, or those who have acquired Indian citizenship by registration or naturalisation are not “foreigners” in terms of Section 2(a) of the Foreigners Act 1946 as well as the Registration of Foreigners Act 1939, and thus such cases will not be referred to foreigners’ tribunals.

It emphasised that any member of the Gorkha community holding Nepalese nationality and who arrived in India by land or air over the Nepal border even without a passport or visa and was staying in India for any length of time shall not be treated as an illegal migrant if he/she is in possession of any of the identity documents, namely Nepalese passport or citizenship certificate, voter identification card issued by the Election Commission of Nepal, limited validity photo-identity certificate issued by Nepalese mission in India when deemed necessary and for children in the 10-18 age group, a photo ID issued by a school principal, if accompanied by the parents having valid travel documents. No such document is required for children below 10, the communication added, citing provisions of India-Nepal Treaty signed in 1950.

The communication clarified only those coming from specified territories, like Bangladesh, and are not Indian citizens, can be referred to the foreigners’ tribunals.