How do the enhanced powers of Foreigners Tribunals impact the rights and lives of individuals in India?

Foreigners Tribunals in India are quasi-judicial bodies established to determine whether a person is a foreigner under the Foreigners Act, 1946. Recent amendments and notifications have enhanced the powers of these tribunals, especially in the context of the National Register of Citizens (NRC) and citizenship issues in Assam and other states.

• Expanded Jurisdiction: Earlier, only the government could refer cases to the tribunals. Now, individuals can also approach the tribunals to prove their citizenship, increasing the scope of cases handled.
• Wider Decision-Making Powers: Tribunals can now decide on a broader range of cases, including those excluded from NRC, and their decisions directly affect a person’s citizenship status.
• Impact on Citizenship Rights: Those declared as foreigners by the tribunal may lose their citizenship rights, including the right to vote, own property, and access government schemes.
• Detention and Deportation: Individuals declared as foreigners can be detained in detention centers and face possible deportation, even if they have lived in India for decades.
• Burden of Proof: The onus is on the individual to prove citizenship, which can be difficult for marginalized groups lacking proper documentation.
• Appeal and Review: While tribunal decisions can be challenged in higher courts, the process can be lengthy, costly, and stressful for affected individuals.
• Human Rights Concerns: There are concerns about due process, legal aid, and the psychological impact on families declared as foreigners, especially women and children.