Assam Woman Declared Foreigner, Detained for 6 Years, Now Gets Clean Chit

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In a story that has unfolded over six years, 48-year-old Dulubi Bibi, a resident of Khaspur village in Assam’s Cachar district, has been declared an Indian citizen after facing the harrowing ordeal of being labeled a “foreigner” and spending two years in a detention camp. As reported by The Indian Express, her case underscores the challenges and consequences individuals face in Assam regarding citizenship due to inconsistencies in voter lists.

The ordeal began in 1997 when Dulubi Bibi’s name, listed as Dulubi Bibi in the draft electoral roll, did not feature in earlier voter lists during the revision of electoral rolls for the Udharbond assembly constituency. This cast doubt on her citizenship, and a case was registered under the Illegal Migrants (Determination by Tribunals) Act in 1998.

However, it was not until 2015 that Dulubi Bibi received a notice from the Foreigners’ Tribunal, which eventually declared her a “foreigner” on March 20, 2017, claiming she had entered India after March 25, 1971.

In the subsequent years, Dulubi Bibi had to endure the harsh conditions of a detention camp in Silchar for two years. She was only released on bail on April 27, 2020. Following her release, she faced financial hardships as she had to travel between Silchar and her home, which proved to be costly.

To prove her Indian citizenship, Dulubi Bibi approached the Gauhati High Court, armed with voter lists dating back to 1965, which contained the names of her grandfather and father. The court noted the continuity of her family’s details across these lists. Her grandfather was listed as Majmil Ali in the 1965 voter list, her father as Sirai Mia Laskar in the 1985 voter list (son of Majmil Ali Laskar), and later as Sirai Mia in the 1993 voter list (son of Majmil Ali). She herself was referred to as Dolobjan Begum in the 1993 voter list. This continuity served as evidence of her Indian citizenship.

The Gauhati High Court, in April, recognized that this continuity of details could discharge the burden of proof. However, it required confirmation that the different names in the various voter lists referred to the same individuals. The court referred the matter back to the tribunal for further examination.

In an order dated October 7, 2023, Foreigners’ Tribunal 3 in Silchar confirmed that the submitted documents provided “very much detailed information of the relationship of (Bibi’s) family members, which reveals the continuity of the family.” Consequently, the tribunal declared Dulubi Bibi to be “a Citizen of India born out of Indian Citizens living on Indian soil.”

Assisting Dulubi Bibi in her case was Silchar-based social activist Kamal Chakraborty, who pointed out the challenge of inconsistencies in voter lists and emphasized the significant consequences this can have for individuals whose citizenship is in question.

Citizenship remains a contentious issue in Assam, with allegations of a large number of “illegal immigrants” from Bangladesh. In August 2019, an updated National Register of Citizens was published with a cut-off date for entry into the state set at March 24, 1971, leaving out 19 lakh people. As of March 15, 2023, government data reported 185 “declared foreign nationals to be deported” lodged in dedicated “detention centers” for “illegal foreigners” in Goalpara.

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