The Commonwealth Human Rights Initiative (CHRI) has raised serious concern regarding the comment made by the apex court about detaining ‘foreigners’ in Assam. According to the organization, this statement disregards India’s constitutional and international obligations. This concern stems from the chastisement of Assam’s Chief Secretary by the Chief Justice of India for proposing a methodology for releasing certain foreign prisoners who have remained in detention past their term for illegal entry.
The Detention Issue
In the apex court, it was mentioned that there are only 900 detainees in Assam despite the identification of lakhs of illegal foreigners. A majority of these foreigners have seemingly integrated with the local population. The Chief Justice of India expressed that India and Assam’s stance should be focused on deporting these foreign detainees as soon as they possibly can.
However, CHRI contested this claim, stating that these detainees are left in jail under inhumane conditions, which is a violation of human rights; particularly Article 21 of the Constitution. This Article specifies that no individual in India can be deprived of their life or liberty without due legal process.
International Law & Deportation
According to international law, deportation can only take place if the country of origin assents. Currently, India doesn’t have any such agreement with Bangladesh. Furthermore, Bangladesh consistently denies claims that its citizens migrate to India in large numbers.
As of now, Assam is undergoing an exercise to update the National Register of Citizens (NRC).
About Commonwealth Human Rights Initiative (CHRI)
| Name | Description |
|---|---|
| Type | Independent, Non-partisan, International Non-governmental Organisation |
| Headquarters | New Delhi, India |
| Mission | Practical realisation of human rights across the Commonwealth |
The Commonwealth & Its History
The Commonwealth is a voluntary association inclusive of 53 independent and equal sovereign states. It stands as one of the oldest political associations of states in the world, tracing its roots back to the British Empire. Some of these nations that were ruled, directly or indirectly by Britain, achieved self-governance while keeping Britain’s monarch as their Head of State. This group came to be known as the British Commonwealth of Nations.
In 1949, the Commonwealth was officially established. Since then, independent nations from regions like Africa, the Americas, Asia, Europe, and the Pacific have become members of the Commonwealth. As of now, membership is based on free and equal voluntary cooperation. Moreover, the last two countries to join the Commonwealth, Rwanda and Mozambique, don’t have historical ties to the British Empire.