“When the floods washed away our land, I thought nothing worse could happen to us. But then they said I was not Indian…”
With these words, Hamela Khatun, also known as Hamela Begum, recalls the moment her world collapsed. A resident of Bhakeli Kanda in Darrang district, she grew up in a family of small farmers who survived on a patch of land along the Brahmaputra. Like millions in Assam’s char regions, river erosion was a familiar enemy. Their land vanished gradually, leaving the family impoverished and forcing them to migrate to Kerala as labourers.
Yet the destruction of their home was only the first blow. In 2009, the Border Branch of Darrang issued a notice against her under the Foreigners Act, accusing her of being an “illegal Bangladeshi migrant.” Overnight, a woman who had been born, raised, and registered as a voter for nearly two decades was declared a suspect. For Hamela, who had lived her entire life in Assam, the allegation was not merely bureaucratic confusion — it was a wound to her sense of belonging. The notice left the family shaken, terrified, and mentally shattered.
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!
How help arrived — entirely by chance
In early 2025, as the family travelled to Bako in Kamrup district for temporary work, fate intervened. At a relative’s house, they unexpectedly encountered Advocate Abdul Hai, a member of CJP’s Assam legal team. With hesitation, they shared their ordeal — the FT notice, the years of fear, the absence of guidance, their displacement to Kerala, and the looming threat of deportation. Moved by their distress, Hai immediately informed CJP State Secretary Nanda Ghosh, who assured them that CJP would provide full legal assistance, completely free of cost.
This chance meeting, almost accidental, changed the entire course of Hamela’s case. For the first time in years, the family felt a faint sense of hope.
Hamela Khatun stands with CJP’s Assam Team
The Case Before the Foreigners Tribunal: What the state alleged
The reference against her — Ref. Case No. 294/2009, formally registered as F.T. Case 5861/2011 — was forwarded by the Superintendent of Police (Border), Mangaldai. It claimed that Hamela was not an Indian citizen but an illegal migrant who had entered Assam unlawfully. Her entire identity was placed under suspicion, and the Tribunal was asked to determine whether she was an Indian or a foreigner.
Crucially, under Section 9 of the Foreigners Act, 1946, the burden of proof lies on the accused — meaning Hamela had to prove her own citizenship, rather than the state proving she was a foreigner. For a poor, illiterate woman displaced by floods, this burden is extraordinarily harsh. Yet she refused to give up.
How Hamela Proved Her Citizenship: A lifetime of records, preserved against all odds
Despite years of displacement, poverty, and illiteracy, Hamela managed to gather a remarkable collection of documents establishing her lineage, identity, and continuous presence in Assam.
She proved that her grandfather, Jasim Mandal, appeared in the 1951 Legacy Data and in the 1960 Voters’ List. Her paternal uncles appeared in 1966 and 1977 Voters’ Lists, showing that the family has lived in the same region for decades. Her father, Haidar Ali, appeared consistently in voter lists from 1985 all the way up to 2025, establishing uninterrupted citizenship across generations. Similarly, her mother, Rupbhan Nessa, and her siblings were all documented in electoral rolls in Sipajhar LAC across the years 1997–2025.
Hamela also produced all her own electoral records from 2006, 2010, 2021, and 2025, each showing her as a resident of Mangaldai LAC. Alongside this, she submitted a residential certificate, a linkage certificate from the Gaon Panchayat, land documents from the 1950s and 60s, Aadhaar card, PAN card, ration card, bank passbook, and several other personal IDs.
In addition to documentary evidence, her father testified before the Tribunal. His deposition — detailing the family tree, place of origin, the names of his brothers and sisters, and his movements over the years — matched perfectly with every document filed. This consistency became a decisive factor in establishing her citizenship.
Tribunal’s Detailed Findings: A clear, decisive, evidence-based victory
The Tribunal, after examining every record, deposition, and certified document, delivered a clear and categorical finding. It held that Hamela’s forefathers were genuine Indian nationals, and her family lineage from her grandfather to her father was fully supported by electoral records dating back more than six decades. Her own voting history since 2006 further reinforced her claim.
The Tribunal found the evidence “reliable, trustworthy, and sufficient,” noting that there was nothing in the record to cast doubt on her claims. Her grandfather’s name appeared in the 1960 electoral roll, her uncles in 1966 and 1977, her father and mother across multiple voter lists until 2025, and her own name in four different rolls over nineteen years. Every link in her family tree was documented, certified, and verified.
Based on this, the Tribunal concluded:
“Musstt. Hamela Khatun @ Hamela Begum… is not a Foreigner/Illegal Migrant of any stream. The reference is answered in the negative.”
It directed the Superintendent of Police (Border), Mangaldai, and the Deputy Commissioner, Darrang, to take necessary action recognising her as an Indian citizen.
It was a complete victory — built entirely on evidence, consistency, and truth.
When the Order Reached Her Home: Relief after years of fear
On November 24, 2025, a CJP team comprising State In-charge Nanda Ghosh, DVM Joinal Abedin, Advocate Abdul Hai, driver Asikul Hussain, and local community volunteers travelled nearly six hours across rough, broken roads to reach Hamela’s house.
The journey was long, but when they arrived, they saw a sight that made every hour worth it — Hamela standing with a wide, relieved smile, holding the order copy that restored her identity.
She told the team, her voice trembling with gratitude: “You saved us by fighting the case for free. You stood by us in times of trouble.”
In a gesture of humility and affection, she offered them boiled eggs from her chickens and small flower seedlings from her garden — a heartfelt expression of thanks from someone who had endured years of erasure and suffering. She added, “I was worried for so long, but today I’m happy.”
As the team left, the sun was setting over the Brahmaputra, casting a warm glow over the green fields that surround her house — a fitting end to a journey that symbolised justice, dignity, and belonging.
Why Hamela’s story matters for Assam and India
Hamela’s struggle is emblematic of the larger issues in Assam’s citizenship verification system. Her case highlights how:
- River erosion uproots entire communities, leaving them without documents.
- Poor, illiterate women are disproportionately targeted and unable to navigate legal processes.
- The burden of proof under Section 9 places crushing pressure on the accused.
- Entire families with long-established presence in Assam can be declared “suspects” based on bureaucratic doubts.
Yet her case also demonstrates the power of community support, legal aid, and sustained documentation. It shows that even in a system stacked against the poor, justice is possible when facts are presented clearly and fearlessly.
Conclusion
Hamela’s story is ultimately one of resilience. She lost her land to the river. She lost her livelihood to displacement. The state tried to take her citizenship. But she fought back — through truth, documentation, and sheer courage. The Foreigners Tribunal vindicated her, reaffirming that she belongs to this land as firmly and deeply as her ancestors did.
Her journey — from erosion and poverty to legal recognition and dignity — stands as a reminder that citizenship is not merely a bureaucratic label. For India’s poorest and most vulnerable, it is the foundation of belonging, identity, and survival.
The complete order may be read here.
Related:
From Despair to Dignity: How CJP helped Elachan Bibi win back her identity, prove her citizenship
CJP scores big win! Citizenship restored to Mazirun Bewa, a widowed daily wage worker from Assam
A Long Road to Justice: CJP helps Alijon Bibi reclaim her citizenship after 2-year legal battle