How do Assam’s Foreigners Tribunals function?

Sub: Polity

Sec: National body

Context:

The Assam government asked the Border wing of the State’s police not to forward cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals (FTs).

What are the Foreigners Tribunals?

Foreigners Tribunals are quasi-judicial bodies set up under the Foreigners’ Tribunal Order, 1964 and the Foreigners Act, 1946 to enable state administration to refer to a person suspected of being a foreigner.
It is currently functioning only in the state of Assam presently.
Each FT is headed by a member drawn from judges, advocates, and civil servants with judicial experience.
The Tribunal possesses the power of Civil Court while trying a suit.
It can summon and request the attendance of any individual and examine him/her on oath.
The Tribunal can request anyone to produce the necessary documents.
A tribunal is required to serve a notice in English or the official language of the State to a person alleged to be a foreigner within 10 days of receiving the reference.
Such a person has 10 days to reply to the notice and another 10 days to produce evidence in support of his or her case.
An FT has to dispose of a case within 60 days of reference.
If the person fails to provide any proof of citizenship, the FT can send him or her to a detention center, now called transit camp, for deportation later.

2019 Amendment to The (Foreigners Tribunals) Order, 1964

District Magistrates have the authority to establish Foreigners Tribunals in their respective area of operation to determine the legality of a person’s citizenship status
An individual can now in their own capacity file an appeal in FTs to prove their citizenship if left out of NRC( Assam).

What is the role of the Border police?

The Assam Police Border Organisation was established as a part of the State police’s Special Branch in 1962 under the Prevention of Infiltration of Pakistani (PIP) scheme.
It was made an independent wing in 1974 and is headed by the Special Director General of Police (Border).
The members of this wing are tasked with detecting and deporting illegal foreigners, patrolling the India-Bangladesh border with the Border Security Force, maintaining a second line of defense.
It also refers people of suspicious citizenship to the FTs.
Cases of ‘D’ or doubtful voters can also be referred to an FT by the Election Commission of India.

Citizenship (Amendment) Act,2019:

The CAA, 2019 provides a path to Indian citizenship for migrants belonging to six religious minorities: Hindu, Sikh, Buddhist, Jain, Parsi, and Christian from Pakistan, Bangladesh, and Afghanistan.

The application process for citizenship under CAA has been made under Section 6B of the Citizenship Act, 1955