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Proposition of Assam government in court seeking verification of citizenship of evacuees is misconstrued as government’s order/law

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A social media post making claims related to the Assam government’s eviction drive carried out in September 2021, as part of its crackdown on illegal encroachments, is being widely shared. The post claims that the Assam government has decided to provide compensation for those evacuees, who prove their citizenship and those who fail to do so would be sent back to their country. Through this article let’s fact-check the claim made in the post.

Claim: Assam government order/law – To provide compensation for those evacuees, who prove their citizenship.

Fact: A PIL was filed by Congress leader in Guwahati High court seeking a rehabilitation policy for those evacuated by the Assam government in September 2021. The Assam government filed a counter affidavit in the court saying it would provide rehabilitation only to names that appear in the National Register of Citizens. This proposition of the government is misconstrued as an order/law. However, this is not the final stand, as the court proceedings are still underway, and the final judgement is not yet delivered. Hence the claim made in the post is MISLEADING.

As part of a crackdown on illegal encroachments, the Assam government in September 2021, had carried out a mass eviction drive in the Darrang district. During one such drive in Dholpur village of the district, violence broke out between the police and the protesters resisting the drive, in which two people passed away.

Following the incident, the Leader of the Opposition in the Assam assembly, Debabrata Saikia, has filed a Public Interest Litigation (PIL) in the Guwahati High Court seeking a status quo. Among others, the PIL also sought a rehabilitation policy.

In response to this, the Assam government has filed an affidavit, saying that it has earmarked 134 hectares for relocation of the evicted families, provided their names appear in the National Register of Citizens, besides other sets of criteria.

As reported by the news agencies, the Assam government in the affidavit has stated that it would not provide any compensation as the evictees are encroachers.

This stand of the Assam government mentioned in the counter affidavit is misconstrued as the government’s order/law regarding the rehabilitation of the evictees. However, this is just government’s proposition and not the final stand as the court did not endorse this stand. The court hearings related to the PIL are still underway and it did not pronounce any final judgement in this regard. 

The latest hearing of the court related to the PIL was held on 17 March 2022, following which, the court provided the Assam government time to file an affidavit.

To sum it up, the proposition of the Assam government in the court seeking verification of citizenship of evacuees is misconstrued as the government’s order/law.

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