When Citizenship Is Denied Without a Hearing: The Crisis of Ex Parte Decisions in Assam’s Foreigners Tribunals (Article 14)

In Assam, 63,959 people—mostly poor, rural, and often unaware—have been declared “foreigners” over 30 years without ever getting a chance to defend themselves. A new report, using Gauhati High Court data reveals how Foreigners Tribunals routinely pass ex parte orders, branding people as non-citizens simply because they missed a hearing—often due to illness, childbirth, floods, or being misled by lawyers. The High Court, instead of offering protection, has set impossible standards that punish the vulnerable for not doing more. First of a two-part series.

In Assam, 63,959 people—mostly poor, rural, and often unaware—have been declared “foreigners” without ever getting a chance to defend themselves/ SHARDUL GOPULKAR

By Mohsin Alam Bhat And Arushi Gupta

In 2013, a Foreigners Tribunal (FT) in Dibrugarh, Assam, issued a notice to Pinki Das, a woman in the final stages of pregnancy. Six months later, without her presence or defence, she was declared a foreigner through an ex parte order.

Pinki had missed a hearing because she gave birth to a baby boy in March. When she approached the Gauhati High Court, arguing that childbirth justified her absence, Justice A K Goswami dismissed her plea with chilling brevity: “We are not inclined to take a view that for giving birth to a child, she was unable to take part in the proceedings.”

Pinki’s story is not unusual. According to the latest available Lok Sabha data provided by the union ministry of home affairs, 63,959 people—more than 54% of those declared foreigners over 30 years, between 1985 and 2019—were declared so ex parte

Such proceedings, which deny individuals the chance to present a defence, require no evidence from the State. Citizenship is stripped by default. This is the first of a two-part series on a new report, Unmaking Citizens, which shows these are not isolated cases but symptoms of a larger, broken system. 

This story was originally published in article-14.com. Read the full story here.

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