The North-Eastern state of Assam is, at present, grappling with two main problems: flooding and flood induced displacement, and the issue of those being deemed “outsiders” in their own country. Following the National Register of Citizens (NRC) update, numerous cases have been filed before the Foreigner Tribunal (FT), and a variety of government efforts have allegedly been implemented to address the issue of “illegal migration.” One point that still has to be addressed as we go through this process of questioning individuals and requiring them to provide proof of their nationality is if the entire controversy surrounding the presence of “Bangladeshis” in Assam is being created by the state. Is a broken system causing us to create an “outsider” within India?
Large numbers of vulnerable individuals, especially members of linguistic minorities, such as Bengalis, and religious minorities like Muslims, are being targeted by the state government and put under scrutiny. In most cases, cases are initiated against people belonging to minority communities without any justified doubt, as was highlighted by the Supreme Court in its recent judgement. The Tribunals and Courts have also come under fire for declaring individuals as foreigners for minor discrepancies in their documents. Through the efforts put in by the team of Citizens for Justice and Peace (CJP), these disenfranchised people in Assam have been provided support in their continuous fight to be recognised as nationals of India and attain their right to citizenship. One such victim was Jamila Khatoon, a woman who born and raised in Assam. Even as she possessed all the required documentation to prove her citizenship, she was abused, hounded, and entangled in the web of illegal estrangement under the guise of having to prove her Indian nationality. Despite her legitimate claims, she was accused of being a foreigner. However, with CJP’s intervention, Jamila finally received justice, and her citizenship was affirmed.
Every week, CJP’s dedicated team in Assam, comprising community volunteers, district volunteer motivators, and lawyers, provides vital paralegal support, counseling, and legal aid to many affected by the citizenship crisis in over 24 districts in Assam. Through our hands-on approach, 12,00,000 people successfully submitted completed NRC forms (2017-2019). We fight Foreigner Tribunal cases monthly at the district level. Through these concerted efforts, we have achieved an impressive success rate of 20 cases annually, with individuals successfully obtaining their Indian citizenship. This ground level data ensures informed interventions by CJP in our Constitutional Courts. Your support fuels this crucial work. Stand with us for Equal Rights for All #HelpCJPHelpAssam. Donate NOW!
The legal battle to prove Jamila’s citizenship:
Jamila Khatoon @ Jomila @ Jamila Kahtoon, a 58-years-old Bengali speaking Muslim woman from Village Dologoan under Dhaligoan police station of Chirang District, Assam, had been living a peaceful life with her family until March 2, 2023. On that particular day in March, her world turned upside down when she received a notice from the Assam Border Police, accusing her of being a suspected foreigner and ordering her to appear before the Foreigners Tribunal to prove her citizenship.
Devastated and desperate, Jamila’s family reached out to the team of CJP for legal assistance. The CJP team took up her case and fought tirelessly for over a year, providing legal support, documentation, and emotional comfort to Jamila and her family.
In order to substantiate and prove Jamila’s citizenship in the Tribunal, the CJP team diligently collected documentation, proof, and eyewitness accounts to be submitted as evidence. All along the same, the CJP team kept providing Jamila and her family with emotional and mental support as the fear of losing their citizenship, getting detained and being taken away from their families causes anxiety and concern with people put under scanner. There have been cases documented wherein those accused of being foreigners have gone to the length of causing themselves bodily harm, making it essential that Jamila and her family keep their trust on the CJP team as well as the legal justice system.
The legal representative of Jamila, a part of the CJP legal team, argued in the Foreigners Tribunal that the inquiry report provided by the investigating officer in the case of Jamila was fraudulent and did not follow the correct procedures. It was submitted by the counsel that the investigating officer never went to Jamila’s residence, as was required by the procedure laid down by law. Additionally, the counsel provided that even the recorded testimonies provided as a part of the report were submitted to the Tribunal without the officer questioning any such witnesses. the so-called witnesses’ remarks were recorded. It was the case of the legal counsel that the investigating officer did not record any documentation, passport, or supporting documentation that was provided to them to support Jamila’s claimed foreign nationality.
In furtherance to this, the legal counsel also established that established procedure was not followed in Jamila’s case as no notice was issued to Jamila to appear or provide documents to prove her citizenship. As per the legal counsel, the same was a violation of the due process of law and cause injustice to the accused. Additionally, it was brought to Tribunal’s notice that the said case was also barred by the law of limitation, as it was registered in 2010, and Jamila received notice in 2023, a total of 13 years after the investigation began.
It is essential to highlight that even after there being major flaws in the case against Jamila, Advocate Dewan Abdur Rahim and his junior Advocate Sohidur Rahaman provided the necessary documentation to the Tribunal to establish her citizenship and prove that Jamila was a citizen of India by birth.
It was after a gruelling 1 year and 4 months that the CJP legal team was able to establish that Jamila was a citizen of India. The long legal battle revealed a positive result with the Tribunal finally declared Jamila to be an Indian!
Jamila Khatoon- an Indian!
On July 17, 2024, on behalf of the CJP team, Assam State Incharge Nanda Ghosh, DVM Abul Kalam Azad, and legal team member Dewan Abdur Rahim handed over the judgment copy to Jamila Khatoon, who was overwhelmed with gratitude and relief. Her emotions of thankfulness and delight had replaced her tears of dread and concern. Jamila narrated how fearful she had felt since the case began, with the anxiety of being called a foreigner and having her future snatched away.
“I used to cry every day, I couldn’t sleep most nights, I was scared,” Jamila shared, with her eyes welling up with tears. “I’m not Bangladeshi, but still, I was scared.”
Jamila praised the CJP team for their constant support and commitment to fighting for the rights of marginalized people like herself, saying that she was now at peace. She offered up prayers for the team.
“I just called Allah and trusted that these sons (Team CJP) would save me,” she says, her voice filled with gratitude.
Jamila’s story demonstrates the difficulties that are being encountered by numerous innocent people in Assam who are falsely suspected of being foreigners. She was suspected of being a Bangladeshi even though she had all the documentation required to prove her citizenship and had been born and raised in Assam. Now, Jamila can finally sleep peacefully, knowing that her citizenship is secure, and she is free from the fear of being labelled a foreigner.
The order of the Tribunal can be accessed here.
Related:
CJP Impact: Another elderly couple rejoice as their citizenship is restored with CJP’s help
Victory! One more Indian gets their citizenship back with the help of CJP!