Apart for three years, five families to reunite in Assam camps

  • | Friday | 14th September, 2018

Assam government followed up on Thursday to unite five men detained in central jail at Tezpur, Sonitpur district, with their families in detention at the Kokrajhar district jail. They are tried under Foreigners Act, 1946 and Foreigners (Tribunals) Order, 1964, but no clear guidelines exist for detention. “You cannot separate them from their families like this,” the bench of Justices Madan B Lokur and Deepak Gupta told Additional Solicitor General Tushar Mehta, appearing for Assam. “It appears if a child is below age six, he is kept (in detention) with the mother. If above age six and female, she is kept with the mother but if male, he is kept with the father.

GUWAHATI: Separated for over three years and detained in two jails in Assam , five families declared nonnationals by Foreigners’ Tribunals are finally set to be united.The Assam government was ordered by the Supreme Court on Wednesday to ensure families in detention camps are united on an urgent basis. “You cannot separate them from their families like this,” the bench of Justices Madan B Lokur and Deepak Gupta told Additional Solicitor General Tushar Mehta, appearing for Assam. Assam government followed up on Thursday to unite five men detained in central jail at Tezpur, Sonitpur district, with their families in detention at the Kokrajhar district jail. The bench asked the state to transfer the Kokrajhar inmates to Tezpur. “It appears if a child is below age six, he is kept (in detention) with the mother. If above age six and female, she is kept with the mother but if male, he is kept with the father. In our opinion, separating families serves no purpose at all. On the contrary, it is detrimental to family life,” the bench said. These five families had earlier approached state jail authorities to be united.“Families often are separated as most jails house only men or only women,” advocate AS Tapader, who deals with Foreigners’ Tribunal cases, told TOI.Supreme Court on Wednesday also pulled up all states for ignoring a 2014 communiqué that asked for detention centres to restrict movement of illegal migrants, or foreigners awaiting deportation or repatriation after completion of sentence because of non-confirmation of nationality. “We are not at all surprised that not a single state set up detention centre/holding centre/ camp. Unfortunately, this includes Assam which has a very large number of illegal immigrants/foreign nationals,” the bench said.The court was hearing a petition on conditions in prisons and took into consideration a note submitted by advocate Gaurav Agarwal, assisting the court as amicus curiae for prison reforms.Unlike the US or UK, India has no detention centre for foreigners deemed illegal. They are tried under Foreigners Act, 1946 and Foreigners (Tribunals) Order, 1964, but no clear guidelines exist for detention.

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