Bipul Karmakar, a daily wage labourer from Patkata village, Bongaigaon district, Assam, finally won his battle to prove his Indian citizenship—an absurd predicament for someone born and raised in India. Despite possessing a Registered Sale Deed from 1952, which recorded his grandfather’s ownership of land, and a 1966 voter list that included his father’s name, Bipul was still forced to prove that he belonged to the country of his birth.
His ordeal began when he was summoned by a Foreigners Tribunal, a process notorious in Assam for disproportionately targeting marginalised communities, especially linguistic and religious minorities. Born on March 14, 1973, Bipul was the third son of Ram Karmakar and Sabala Karmakar. Poverty had prevented him from obtaining a formal education, and he worked as a labourer to support his family. But when the Foreigner Tribunal’s notice arrived, it upended his life, leaving him terrified of being declared stateless.
Unjust notices that shatter lives
In Assam, citizenship notices are often issued arbitrarily, based on mere suspicion, without following due process. CJP has encountered several cases where such notices were pinned to electric poles or handed out indiscriminately, forcing innocent people into a legal maze. Bipul’s case was no different—despite his family’s well-documented presence in India for decades, he was treated like a foreigner.
Determined to fight, Bipul initially hired a lawyer, but the cost of legal representation soon became unbearable. To pay his fees, he started taking work outside his home district, but the financial burden, coupled with emotional distress, began to wear him down. At one point, physically and mentally exhausted, he considered giving up the fight.
CJP Steps In: A beacon of hope
Just when Bipul was on the verge of surrendering, he heard about Citizens for Justice and Peace (CJP), an organisation that provides legal aid to those unfairly accused of being foreigners. With no other option left, he approached Nanda Ghosh, CJP’s Assam state in-charge, pleading for help. Overcome with emotion, Bipul broke down in tears, feeling both helpless and desperate.
Recalling their first meeting, Ghosh said, “I found him in an extremely fragile state that morning. He was mentally broken.” Moved by his plight, CJP immediately took up his case, reaffirming their commitment to protecting the rights of marginalised communities in Assam.
Bipul Karmakar with CJP Team Assam
The Legal Battle: The burden of proof, unexpected hurdles and tribunal proceedings
CJP’s legal team, led by Advocate Dewan Abdur Rahim, acted swiftly, but their first challenge was securing a No Objection Certificate (NOC) from Bipul’s previous lawyer to take over the case. Once obtained, Rahim meticulously examined all the documents and prepared a solid defence.
Under Section 9 of the Foreigners Act, 1946, the burden of proving Indian citizenship is placed entirely on the accused, not on the state. This contradicts natural justice principles and international human rights norms, which typically require the state to prove allegations against an individual. Despite having decades-old documents linking his ancestry to pre-Partition India, Bipul’s citizenship was questioned. His case is an example of how Assam’s Foreigners Tribunals often operate without clear guidelines and rely on suspicion rather than evidence.
The Foreigners Tribunals in Assam, set up under the Foreigners (Tribunal) Order, 1964, function as quasi-judicial bodies but have been widely criticised for inconsistent rulings, lack of transparency, and procedural lapses. Many tribunals have been found to reject valid documents arbitrarily and demand live witnesses, even when documentary evidence is strong.
Bipul had provided substantial documentation, but the rules demanded that he produce a witness in the Tribunal to testify about his ancestry. This requirement added an unnecessary procedural hurdle, pushing him closer to an unjust declaration of foreigner status.
Determined to fight the case, Bipul initially hired a lawyer. However, high legal fees made it impossible for him to continue. As a daily wage worker, he could not afford the frequent tribunal hearings, forcing him to seek work outside his home district. This is a common reality for many facing tribunal proceedings, as legal representation is not guaranteed under the Foreigners Tribunal system.
In his case, the best witnesses were his two elder brothers, Lab Karmakar and Kush Karmakar, along with an official from the Registrar’s Office. However, another obstacle emerged—Lab had passed away 15 years ago, and Kush refused to testify due to a minor family dispute.
Desperate, Bipul repeatedly pleaded with his brother, but Kush remained unmoved. Then, a shocking demand was made—Kush agreed to be a witness only if Bipul paid him ₹15,000, an impossible sum for a daily wage worker. This betrayal shattered Bipul, who was already struggling to keep his case afloat.
Community support and the fight for justice
Hearing of this predicament, CJP’s state in-charge Nanda Ghosh, legal team member Advocate Dewan Abdur Rahim, and community volunteers Gauranga Karmakar and Tapash Chakraborty took decisive action. They, along with local supporters, met with Kush and persuaded him to stand by his brother without any monetary condition.
On the day of the hearing, the CJP team personally escorted Kush to the tribunal, ensuring that Bipul’s case had the witness testimony it needed. During the journey, Kush reflected on his own past—years ago, he too had been accused of being a foreigner and had fought to prove his citizenship. “Once, I was the one running between courts and lawyers,” he murmured, his eyes filled with regret.
Judgment day: Bipul declared Indian
The Gauhati High Court has previously ruled that if one sibling is declared Indian, other siblings cannot be treated differently without strong contradictory evidence. Despite this, countless people in Assam continue to be trapped in the cycle of doubt and harassment.
After a two-year struggle, the tribunal finally issued its judgment—Bipul Karmakar was declared an Indian citizen. However, he was away working as a migrant labourer when the judgment arrived. When the CJP team finally handed him the official court order, Bipul was overwhelmed with emotion.
“I will never be able to repay this debt to CJP,” he said, his voice shaking with gratitude.
His case is a stark reminder of the injustices faced by marginalised communities in Assam. While Bipul was fortunate to have CJP by his side, thousands of others continue to languish in uncertainty, forced to prove their existence in their own country.
Broader Implications: The systemic injustice of citizenship trials
While Bipul Karmakar has won his battle, thousands of others remain entangled in similar legal nightmares. His case underscores the urgent need for judicial and legislative intervention to prevent further injustices in Assam’s citizenship determination process.
CJP’s relentless efforts ensured that justice prevailed in Bipul’s case. But for countless others, the fight is far from over.
The failure of due process
Bipul’s case is emblematic of the deep flaws in Assam’s citizenship determination process. Key issues include:
- Presumption of guilt: Citizens are forced to prove their own nationality, a reversal of the standard burden of proof.
- Arbitrary document rejections: Even official records like land deeds and voter lists are frequently dismissed.
- Financial ruin for the accused: The cost of defending one’s citizenship is devastating, with many individuals selling land or taking on crippling debt to afford legal fees.
- Psychological trauma: Families are torn apart by prolonged legal battles and the fear of detention camps.
2. The need for legal reforms
Legal experts and civil rights organisations, including CJP, have called for urgent reforms to Assam’s citizenship determination process, including:
- Shifting the burden of proof to the state, as is standard in criminal and civil law.
- Ensuring legal aid for the accused, so that marginalised individuals are not left to navigate complex proceedings alone.
- Implementing transparent guidelines for tribunals, to prevent arbitrary judgments.
The order may be read here.
Related:
SC: Only 10 deported, 33 of 63 contest foreigner status from the Matia Transit Camp, Assam
Relentless Pursuit of Justice: CJP’s Advocacy for Citizenship Rights in Assam
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