Supreme Court's Views
The Act was challenged in courts. In 2005 a three-judge Bench of the Supreme Court of India held that the Illegal Migrants (Determination by Tribunals) Act, 1983 and rules "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants" and struck down the Act.
The court also observed "(the conviction rate under the IMDT act) comes to less than half per cent of the cases initiated...(the IMDT Act) is coming to the advantage of such illegal migrants as any proceedings initiated against them almost entirely ends in their favour, enables them to have a document having official sanctity to the effect that they are not illegal migrants."
On 9 August 2012, the Supreme Court hearing a public interest litigation petition seeking a direction for deportation of illegal migrants, was told that the Government of India, as a matter of policy, “does not support any kind of illegal migration either into its territory or illegal immigration of its citizens. ”It was also stated that the Government is committed to deporting illegal Bangladeshi migrants, but only lawfully. It asserted that the demand for deleting the names of alleged 41 lakh doubtful voters from the list of 2006 on the basis of religious and linguistic profiling would prima facie be illegal, arbitrary and violative of the secular and democratic credentials of India. The court posted the matter for final hearing on 6 November 2012.
Read more about this topic: Illegal Migrants (Determination By Tribunal) Act (IMDT)
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