The Indo-Bangladesh border fencing project has been facing obstacles due to 'non-cooperation' from the West Bengal government and unresolved land acquisition issues in the state, the Union government informed the Supreme Court on Tuesday. The revelation came during the hearing of petitions challenging Section 6A of the Citizenship Act, which pertains to the grant of Indian citizenship to illegal immigrants in Assam, news agency PTI reported.


Solicitor General Tushar Mehta, representing the Centre, apprised the five-judge constitution bench led by Chief Justice DY Chandrachud of the challenges faced in securing the Indo-Bangladesh border. "West Bengal Government follows a far slower, more complex direct land purchase policy. Even for national security purposes like border fencing, there is non-cooperation by the state government," Mehta stated, as quoted by PTI.


He mentioned that 81.5 per cent of the 2,216.7 km border shared by West Bengal with Bangladesh has been fenced, and efforts are underway to secure the remaining length through fencing or technological solutions. Mehta emphasised that if the West Bengal government collaborates in land acquisition, the central government is ready to proceed with the necessary fencing, PTI's report stated.


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SC Reserves Order On Pleas Challenging Constitutional Validity Of Section 6A Of Citizenship Act


During the hearing, senior advocates Shyam Divan and Kapil Sibal presented submissions. Divan raised concerns about Section 6A's operation, stating there was no temporal limit, and individuals could still apply for citizenship under it. He also pointed out the absence of a mechanism for evaluating or determining citizenship under Section 6A(2).


The constitutional bench, after hearing the arguments, reserved its order on the petitions challenging the constitutional validity of Section 6A. This provision was inserted into the Citizenship Act as a special measure to address the citizenship of individuals covered under the Assam Accord.


Section 6A outlines that those who arrived in Assam on or after January 1, 1966, but before March 25, 1971, from specified territories, including Bangladesh, and have been residents of Assam since then, must register under Section 18 to acquire Indian citizenship. The provision establishes March 25, 1971, as the cut-off date for granting citizenship to migrants residing in Assam.


The Centre informed the court that it is challenging to collect data on illegal migrants due to clandestine and surreptitious entry, the report mentioned. The affidavit stated that 17,861 people have been granted citizenship under Section 6A, and 32,381 foreigners have been detected under the orders of foreigners tribunal within the reference period of 1966-1971.


The Supreme Court had previously directed the Centre and the Assam government to provide extensive data, including the number of Bangladeshi immigrants granted Indian citizenship in Assam between January 1, 1966, and March 25, 1971, acknowledging concerns about illegal immigration impacting the demography and cultural fabric of the border state.


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