GUWAHATI: The North-Eastern state of Assam is currently facing two major issues: flooding and the resulting displacement, as well as the controversy over those labelled as “outsiders” within their own country. Following the update of the National Register of Citizens (NRC), many cases have been filed with the Foreigner Tribunal (FT). Various government measures have been reportedly implemented to tackle the issue of “illegal migration.” However, an important question remains: is the entire controversy over the presence of “Bangladeshis” in Assam being manufactured by the state itself? Is a flawed system leading us to create “outsiders” within India?
Large numbers of vulnerable individuals, especially members of linguistic minorities such as Bengalis, and religious minorities like Muslims, are being targeted and scrutinized by the state government. Often, cases are initiated against people from these minority communities without any valid reason, as highlighted by a recent supreme judgment. Tribunals and Courts have also been criticized for declaring individuals as foreigners due to minor discrepancies in their documents.
The Citizens for Justice and Peace (CJP) has been supporting these disenfranchised people in Assam, helping them fight for their recognition as Indian nationals and their right to citizenship. One such victim was Jamila Khatoon, a woman born and raised in Assam. Despite having all the required documentation to prove her citizenship, she was abused, harassed, and entangled in a bureaucratic nightmare under the pretext of proving her Indian nationality. Accused of being a foreigner despite her legitimate claims, Jamila finally received justice and had her citizenship affirmed, thanks to CJP’s intervention.
The legal battle to prove Jamila’s citizenship
Jamila Khatoon, also known as Jomila or Jamila Kahtoon, is a 58-year-old Bengali-speaking Muslim woman from the village of Dologoan, under the jurisdiction of Dhaligoan police station in Chirang District, Assam. She had been living a peaceful life with her family until March 2, 2023. On that day, 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 at Citizens for Justice and Peace (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.
To substantiate Jamila’s citizenship before the Tribunal, the CJP team diligently collected documentation, proof, and eyewitness accounts to be submitted as evidence. Throughout this process, the CJP team provided ongoing emotional and mental support to Jamila and her family. The fear of losing their citizenship, being detained, and being separated from their families caused significant anxiety and concern for those under scrutiny.
There have been documented cases where individuals accused of being foreigners have resorted to self-harm, highlighting the importance of maintaining trust in the CJP team and the legal justice system. Jamila and her family needed to stay resilient and hopeful during this challenging time.
Jamila’s legal representative, part of the CJP legal team, argued in the Foreigners Tribunal that the inquiry report provided by the investigating officer in Jamila’s case was fraudulent and did not follow proper procedures. The counsel asserted that the investigating officer never visited Jamila’s residence, as required by law. Furthermore, the counsel pointed out that the recorded testimonies included in the report were submitted to the Tribunal without the officer actually questioning any witnesses. The supposed witnesses’ remarks were recorded without proper verification. The legal counsel contended that the investigating officer failed to document or include any passports or supporting documentation that could substantiate the claim of Jamila’s foreign nationality.
Furthermore, the legal counsel established that the proper procedure was not followed in Jamila’s case, as no notice was issued to her to appear or provide documents to prove her citizenship. According to the legal counsel, this was a violation of due process and caused injustice to Jamila. Additionally, the counsel brought to the Tribunal’s attention that the case was barred by the law of limitation, as it was registered in 2010, but Jamila received the notice in 2023, 13 years after the investigation began.
It is essential to highlight that despite the 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.
After a grueling one year and four months, the CJP legal team successfully demonstrated that Jamila was an Indian citizen. The long legal battle concluded with a positive outcome, as the Tribunal finally declared Jamila to be an Indian.
Jamila Khatoon: An Indian!
On July 17, 2024, the CJP team, represented by Assam State Incharge Nanda Ghosh, DVM Abul Kalam Azad, and legal team member Dewan Abdur Rahim, handed over the judgment copy to Jamila Khatoon. Overwhelmed with gratitude and relief, Jamila’s emotions of thankfulness and delight replaced her earlier tears of dread and concern. She shared how fearful she had felt since the case began, with the anxiety of being labeled a foreigner and having her future taken away.
“I used to cry every day; I couldn’t sleep most nights. I was scared,” Jamila recounted, 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 now felt at peace. She offered prayers for the team in gratitude for their unwavering dedication.
“I just called Allah and trusted that these sons (Team CJP) would save me,” she says, her voice filled with gratitude.
Jamila’s story highlights the challenges faced by many innocent people in Assam who are wrongly suspected of being foreigners. Despite having all the necessary documentation to prove her citizenship and having been born and raised in Assam, Jamila was wrongly suspected of being Bangladeshi. Now, she can finally sleep peacefully, secure in the knowledge that her citizenship is confirmed and free from the fear of being labeled a foreigner.
(Every week, CJP’s dedicated team in Assam, consisting of community volunteers, district motivators, and lawyers, provides essential paralegal support, counseling, and legal aid to those affected by the citizenship crisis across 24 districts. Through our hands-on approach, we have successfully assisted 1.2 million people in submitting completed NRC forms between 2017 and 2019. We handle Foreigner Tribunal cases monthly at the district level and have achieved an impressive success rate, with 20 cases annually resulting in individuals obtaining their Indian citizenship. This on-the-ground data allows CJP to make informed interventions in our Constitutional Courts.)
