The Supreme Court in India has upheld the validity of a key citizenship rule recognising the Assam Accord, granting citizenship to Bangladeshi refugees who had arrived before 1971, NDTV reports.
Section 6A of the Citizenship Act was introduced in 1985 to allow Bangladeshi refugees, who entered India between 1966 and 1971, to register as Indian citizens.
A bench of five led by Chief Justice of India DY Chandrachud upheld the validity of Section 6A by a four-to-one majority with Justice JB Pardiwala dissenting. The bench also included Justices Surya Kant, MM Sundresh, and Manoj Misra.
"The court's decision means that the non-resident Indians who came from Bangladesh between Jan 1, 1966 and Mar 25, 1971 are eligible for citizenship. Those who have got citizenship under this will retain their citizenship," the bench said.
The order came following a petition that contended the arrival of Bangladeshi refugees saying it had impacted the demographic balance of Assam. Section 6A of the Citizenship Act violated the political and cultural rights of the original residents of the state, it said.
The Chief Justice said the enactment of Section 6A was a "political solution" to a unique problem faced by Assam since the influx of refugees had threatened its culture and demography.
"The central government could have extended the act to other areas as well, but it did not do so because it was unique to Assam. The number of migrants coming to Assam and their impact on culture etc. is higher in Assam. The impact of 4 million migrants in Assam is more than that of 5.7 million in West Bengal because the land area in Assam is less than that of West Bengal," the chief justice said.
In response to a massive refugee influx during the war of independence in Bangladesh, the Assam Accord was signed on Aug 15, 1985, between the centre and representatives of the Assam movement. Section 6A was added to the Citizenship Act to allow the migrants arriving before Mar 25, 1971 to get Indian citizenship, but without voting rights. This was a humanitarian measure.
The Supreme Court said the centre was right in its contention that uncontrolled immigration in Assam affected its culture and that it's the duty of the government to prevent illegal immigration.
Holding that Mar 25, 1971 was a reasonable cut-off date, the court contended that Section 6A was neither under-inclusive nor over-inclusive. "Citizenship can be given between the cut-off dates subject to fulfilling the conditions. Immigrants who enter after Mar 25, 1971 cannot be conferred citizenship," said Justice Surya Kant.
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