Illegal Immigration Issue

The Supreme Court of India agreed to examine a petition filed by the Jharkhand Government, challenging an interim order by the State High Court. The High Court had ordered the formation of a fact-finding committee, which includes central government officers, to look into allegations of illegal immigration into Jharkhand from Bangladesh. The issue of alleged infiltration has been contentious, and the matter is now being reviewed by the Supreme Court.

What is the issue?

• In September 2024, the Jharkhand High Court passed an order in response to a public interest litigation (PIL).
• The PIL claimed that illegal immigration from Bangladesh was happening in six districts of Jharkhand. This infiltration was altering the demographic makeup of the region, particularly in the Santhal Pargana area, where the tribal population was allegedly decreasing and the Muslim population was increasing.
• The High Court order was based on an affidavit submitted by the Union Government, which suggested that “infiltration has been assessed to have taken place.”
• Jharkhand Government’s Points:
  • However, the Jharkhand Government has contested this claim, arguing that the Union Government’s assessment lacked proper data (based on outdated data from the 1961 and 2011 censuses) or evidence to substantiate it.
  • The State Government has also raised concerns over the High Court’s decision to intervene in what it claims is an issue that should be addressed through state mechanisms.
  • Jharkhand is not a border state, and therefore, the issue of illegal immigration and infiltration should fall under the state’s jurisdiction.
• The High Court’s Concerns
  • The High Court had expressed concern that the demographic shift in Jharkhand—specifically the decline of the tribal population from 44.67% in 1951 to 28.11% in 2011, while the Muslim population rose from 9.44% in 1951 to 22.73% in 2011—was indicative of the adverse effects of illegal immigration.
  • The Court had pointed to a “lackadaisical approach” by the State Government in tackling this issue and had called for a more proactive response.

Why this issue matters?

• This case highlights broader concerns about illegal immigration, particularly from neighboring countries like Bangladesh, and its impact on local demographics.
• Illegal immigration can cause significant social and political tensions, especially in states like Jharkhand, where tribal communities have historically been marginalized.
• The case also touches upon the autonomy of state governments to manage issues that impact their local populations versus the central government’s role in overseeing national security and migration-related concerns.
• While the Supreme Court has agreed to examine the case, the broader debate continues about how best to handle the issue of illegal immigration—whether through data-backed evidence or by giving more autonomy to states to manage their internal affairs.

How Migration is threat to internal security?

• Threat to stability: Migration, particularly illegal or unregulated, presents significant threats to internal security. These threats can manifest in various forms, affecting both social stability and national safety.
• Exploitation of Vulnerable Migrants: Terrorist organizations may target refugees, who are often vulnerable, for recruitment or manipulation. This fosters xenophobia and social division, creating security risks by labeling migrants as potential threats.
• Radicalization Risk: Migrants, especially in poor conditions, can be easily radicalized by extremist groups promising security, leading to direct threats to national stability.
• Direct Threats: Refugee movements can serve as cover for terrorists or extremists crossing borders, posing a direct risk to the state.
• Indirect Threats: Migrants can strain resources, lead to competition for jobs, and cause social unrest, which can be exploited by hostile groups to destabilize the region.
• Demographic and Social Tensions: Mass migration, especially in regions like North-East India, changes local demographics, overwhelming resources and leading to conflicts between indigenous and migrant populations.
• Economic Vulnerability: Migrants often face poverty and limited opportunities, which can lead to crime and increased susceptibility to radicalization by extremist groups offering solutions.
• Illegal Activities: Unregulated migration undermines the rule of law, with illegal migrants engaging in fraud, smuggling, and anti-national activities.
• Weakened Sovereignty: Inadequate regulation of migrants can erode national sovereignty, creating lawlessness and security risks.
• Militant Groups: In regions like Assam, perceptions of illegal migration can lead to the formation of radical groups, increasing the risk of violent extremism and internal conflict.