New barriers for families as detention camps tighten rules in Assam, tighten rules for detainee visits CJP provides crucial support amid deepening isolation and fear, SC mandates surprise inspections at Matia camp to assess living conditions
11, Oct 2024 | CJP Team
The detention camps in Assam have recently implemented stringent new regulations, creating daunting obstacles for families attempting to visit their detained loved ones. These added restrictions have not only limited access to only immediate family members but also deepened feelings of isolation and anxiety among families. Visits are now subject to thorough security checks, and interaction time has been drastically reduced, often leaving families with only fleeting moments to connect with their relatives. This stark reality has left many grappling with a profound sense of uncertainty and helplessness.
Amidst this challenging environment, Citizens for Justice and Peace (CJP) stands as a vital ally, tirelessly assisting families in navigating the complex and often intimidating bureaucratic landscape. CJP’s dedicated advocates provide essential support, helping families overcome barriers and ensure that their voices are heard in a system that often overlooks their plight.
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!
Additionally, a separate crucial development also came with the Supreme Court mandating surprise inspections of the Matia detention camp. This intervention comes in response to mounting concerns over the living conditions of detainees, including issues related to hygiene and potential human rights abuses. The Court’s decision to order these unannounced inspections signifies a recognition of the urgent need for accountability and transparency within the detention system, highlighting the ongoing struggle for dignity and justice faced by those confined within these walls.
Supreme Court orders inspections of Assam’s Matia transit camp amid human rights concerns
On October 4, the Supreme Court directed the Assam State Legal Services Authority (SLSA) to conduct unannounced inspections of the Matia Transit Camp in Goalpara, Assam, which houses foreign nationals. The inspections are aimed at assessing the camp’s hygiene, food quality, and overall living conditions. A bench comprising of Justice Abhay S Oka and Justice Augustine George Masih ordered the SLSA Secretary to assign suitable officers to carry out these inspections periodically, without prior notice to camp authorities, to ensure that the state’s claims of improved conditions—made in a compliance affidavit—are accurate.
The Court stated, “We direct the Secretary of the Assam State Legal Services Authority to arrange for inspections of the Transit Camp facilities to verify whether the claims made by the State Government in the affidavit of Shri Ranadip Dam, Joint Secretary, General Administration Department, Government of Assam, are accurate. The Secretary shall nominate officers to conduct periodic visits without prior notice to the authorities to check the cleanliness, hygiene, quality of food, and overall conditions in the camp.”
The Supreme Court has asked the Assam SLSA to submit a detailed report on the findings within a month, and the next hearing is scheduled for November 4, 2024.
This development follows the Court’s earlier concerns raised in July about the “sorry state of affairs” at the Matia Transit Camp. On July 26, 2024, a Supreme Court bench comprising Justices Abhay S Oka and Augustine George Masih had criticised the poor conditions after reviewing a report from the Assam Legal Services Authority, highlighting issues such as inadequate water supply, poor sanitation, and insufficient toilet facilities. The Court had expressed deep concern over the inhumane and deplorable conditions in which declared foreigners were being detained.
Beyond just poor infrastructure, the Matia Transit Camp, and similar detention centres across Assam, reflect broader issues of human rights violations. These camps often house individuals declared as “foreigners” following disputes over citizenship, many of whom are from marginalised communities or are stateless. The conditions in these camps are notoriously inhumane, with detainees deprived of basic necessities, forced to live in overcrowded spaces, and subjected to substandard living conditions. The lack of adequate medical care, sanitation, and dignity raises serious ethical concerns, bringing into question the government’s approach toward handling individuals who, in many cases, may have lived in India for decades but failed to provide the necessary documentation to prove their citizenship.
In the broader context, these camps are part of a contentious legal and political framework surrounding migration, nationality, and human rights in Assam. Last month, the Supreme Court also addressed the issue of deporting the 211 foreign nationals currently detained at Matia, 66 of whom are from Bangladesh. While Assam has responded to the Court’s queries on this matter through an affidavit, the union government has yet to file a response. The Court has now given the union government until October 25, 2024 to submit its affidavit detailing how it plans to handle the deportation process.
Detention centres like Matia stand as a stark symbol of how policies that claim to be about immigration control can devolve into practices that violate basic human dignity. For the detainees—many of whom are effectively stateless—the conditions in these centres serve as an ongoing humanitarian crisis that demands urgent attention.
The order of the Supreme Court may be read here.
Tightening of chains – new restrictions at Assam’s detention camps deepen the pain for families
Until 2021, Assam had six detention camps located in different regions, including Dibrugarh, Jorhat, Tezpur, Silchar, Goalpara, and Kokrajhar. These camps housed Declared Foreign Nationals (DFNs), people deemed as foreigners under Assam’s stringent citizenship laws. Many of those detained were marginalised individuals, unable to afford legal help or navigate the complex process required for release.
However, through the relentless efforts of Citizens for Justice and Peace (CJP) and in accordance with a landmark Supreme Court ruling, many DFNs were granted bail and released from these camps. CJP played a pivotal role in helping those who were economically disadvantaged and unable to secure bail on their own. By the end of the second wave of the COVID-19 pandemic, CJP’s intervention had drastically reduced the number of inmates in these six detention camps, giving hope to families who had long been separated from their loved ones.
In the aftermath of this effort, the world’s largest permanent detention centre was constructed at Matia, Goalpara. Despite the scale and the ongoing controversies surrounding this facility, CJP maintained its commitment to the detainees and their families. CJP members visited the newly built Matia Detention Camp three to four times a year, ensuring continued support for the inmates. They also frequently accompanied family members, helping them navigate the bureaucratic hurdles and emotional strain of visiting their loved ones. For these families, seeing their relatives was often fraught with fear and uncertainty—communication gaps, strict rules, and the intimidating behaviour of camp authorities made every visit a daunting task. But with CJP’s assistance, the process was much smoother, allowing families precious moments of connection.
However, after the detention of 28 DFNs from Barpeta district, everything changed. On September 2, 2024, in Assam’s Barpeta, 28 individuals—19 men and 9 women—were torn from their homes, ripped from the embrace of their families, and labelled “declared foreigners”. Authorities at the Matia camp became stricter, limiting access and creating even more barriers for families. Only immediate family members were allowed to visit, and even then, they could only see their loved ones from a distance. Mobile phones had to be left outside, thorough security checks were conducted before anyone could enter, and visiting hours were severely restricted. The sense of isolation grew, both for the detainees and their families.
CJP’s advocate, Ashim Mubarak, recently tried to visit the inmates after the 28 DFNs were detained, but he was denied entry. He couldn’t meet with those inside, a stark contrast to the earlier days when access was relatively easier. CJP, undeterred, continued its mission, successfully assisting one family member in visiting their relative who had recently been detained.
Advocate Ashim Mubarak expressed his dismay, saying, “A sudden change has taken place in the camp. Earlier, it was much easier for people to meet their relatives, but now, for ordinary families, it’s become incredibly difficult to see their loved ones inside.”
Nanda Ghosh, the Assam state in-charge for CJP, added, “Common people don’t always know the rules they have to follow when visiting their loved ones in the camp, and it makes things harder for them. When the government’s intentions are not just, the poor always suffer. We are here to support them and help them through this dark and difficult time.”
For families of the detainees, the pain of separation, compounded by these sudden and rigid restrictions, continues to grow. Yet, with CJP’s dedication, there remains a glimmer of hope in an otherwise harrowing situation.
In 2019, CJP released a documentary on Assam’s detention camps, portraying them as grim, oppressive places akin to a modern-day purgatory, where those declared as foreigners by Foreigners’ Tribunals (FT) are forced to remain until they can either secure bail or overturn the tribunal’s decision in a higher court. The documentary offered a stark look into the harsh conditions within these camps, highlighting issues such as severe overcrowding, poor sanitation, and inadequate food and nutrition.
The video also featured harrowing testimonies from former detainees, who recounted their traumatic experiences in these centres. Moreover, the documentary shed light on the troubling phenomenon of “sudden deaths” occurring within the camps, where families are left without any clear explanation or reason behind the loss of their loved ones.
Behind Shadows: Tales of Injustice from Assam’s Detention camps
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New Assam Muslim Marriages & Divorces Bill: Reform or politics?
