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Gurkhas are not to be tagged as foreigners

  • Posted By
    10Pointer
  • Categories
    Polity & Governance
  • Published
    19th Aug, 2021

Context

The Assam government’s Political Department issued a notification ordering the State police’s Border wing not to forward any case against Gurkhas to the Foreigners Tribunals under the Foreigners Act of 1946.

What are Foreigners' tribunals?

  • Foreigners’ Tribunals are quasi-judicial bodies.
  • Only Foreigners Tribunals are empowered to declare a person as a foreigner.
  • It is for those who have been left out in the final NRC list or have been marked as ‘D’ meaning ‘doubtful’. 
    • The ones falling under this category have the right to appeal to the Foreigners’ Tribunal.

Working of foreigner’ tribunals

  • In 1964, the Centre passed the Foreigners’ (Tribunals) Order under provisions of Section 3 of the Act.
  • The Foreigners’ Tribunals Works to find out whether a person is or is not a foreigner within the meaning of Foreigners Act, 1946”.
  • The FTs get two kinds of cases: those against whom a “reference” has been made by border police, and those whose names in the electoral rolls have Doubtful against them.

Census 2011 data on Gurkhas

  • Assam has more than 5 lakh Gurkhas.
  • Most of them came as members of armed forces under the British administration.
  • 22,000 Gurkhas were left out of the draft National Register of Citizens(NRC).

Decision taken by Government

  • The government has decided to stop marking members of the Gorkha community as suspected foreigners and referring them to foreigners tribunals.
  • The community from being tagged as non-citizens and tried in the tribunals for ascertaining their citizenship or detaining and deporting them.
  • The Border wing is tasked with identifying people of doubtful citizenship and serving them notices for a Foreigners’ Tribunal.

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