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Detention centre rules not new
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- The Union Home Ministry has been instructing the State governments since 2009 to set up detention centres to “restrict the movements of foreign nationals staying illegally so that they are physically available at all times for expeditious repatriation”, according to the government response in the Lok Sabha.
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- Information provided by Minister of State for Home on July 2,
(1) Instructions to set up detention centres: issued to all the States & Union Territories from time to time in 2009, 2012, 2014 and 2018.
(2) A detailed manual on “model detention centres” was circulated to all the States on January 9 after a petition was filed in SC.
- Petition filed by Social Activists in SC:
(1) Highlighted the plight of families languishing in 6 detention centres in Assam where members of the families who were declared foreigners were put in camps separated from each other.
(2) It was argued that the State does not make any distinction between “jails and detention centres” and thus between “detainees and ordinary inmates” and the camps were being governed as per the Assam jail manual.
(3) When this lacunae was highlighted in the court, the MHA informed the court on November 5, 2018, that it was framing guidelines for keeping illegal foreign nationals in detention centres across the country.
- Manual on “model detention centre” mentions:
(1) No approval needed: States require “no specific approval” from the MHA to set up “detention centres/holding centres/camps”.
(2) Set up outside Jail Premises: It lays down that these centres should be set up outside the jail premises and their numbers and size should be decided by the States keeping in view the actual number of foreigners to be housed as well as the progress in deportation proceedings.
- Condition in Assam:
(1) Assam has six detention centres, the highest among the States.
(2) 10 more are expected in the near future, after the final NRC published on Aug 31 excluded 19 lakh applicants of 3.29 crore.
Sources
The Hindu