Gurkhas are not to be tagged as foreigners

The Assam government’s Political Department issued a notification ordering the State police’s Border wing not to forward any case against Gurkhas to the Foreigners Tribunals under the Foreigners Act of 1946.

Context

The Assam government’s Political Department issued a notification ordering the State police’s Border wing not to forward any case against Gurkhas to the Foreigners Tribunals under the Foreigners Act of 1946.

What are Foreigners' tribunals?

• Foreigners’ Tribunals are quasi-judicial bodies.
• Only Foreigners Tribunals are empowered to declare a person as a foreigner.
• It is for those who have been left out in the final NRC list or have been marked as ‘D’ meaning ‘doubtful’. 
  • The ones falling under this category have the right to appeal to the Foreigners’ Tribunal.

Working of foreigner’ tribunals

• In 1964, the Centre passed the Foreigners’ (Tribunals) Order under provisions of Section 3 of the Act.
• The Foreigners’ Tribunals Works to find out whether a person is or is not a foreigner within the meaning of Foreigners Act, 1946”.
• The FTs get two kinds of cases: those against whom a “reference” has been made by border police, and those whose names in the electoral rolls have Doubtful against them.

Decision taken by Government

• The government has decided to stop marking members of the Gorkha community as suspected foreigners and referring them to foreigners tribunals.
• The community from being tagged as non-citizens and tried in the tribunals for ascertaining their citizenship or detaining and deporting them.
• The Border wing is tasked with identifying people of doubtful citizenship and serving them notices for a Foreigners’ Tribunal.