The Illegal Migrants (Determination by Tribunal ) (IMDT) Act

The Illegal Migrants (Determination by Tribunal ) (IMDT) Act was Indian law enacted in 1983 by Indira Gandhi government.

Known as the IMDT Act (1983) it was an instrument to detect illegal immigrants (from Bangladesh) and expel them from Assam.It was applicable to state of Assam only.The act made it difficult to deport illegal immigrants from Assam. Under the Act the burden of proof to rested the accuser who must reside within a 3-kilometre radius of the accused, fill out a complaint form (a maximum of ten per accuser is allowed) and pay a fee of ten Rupees. If a suspected illegal migrant is thus successfully accused, he was required by the Act to simply produce a ration card to prove his Indian citizenship. And if a case made it past these requirements, a system of tribunals made up of retired judges would finally decide on deportation based on the facts. The Act was pushed through mainly on the grounds that it provided special protections against undue harassment to the “minorities” that were affected by the Assam Agitation .

The Act was challenged in courts.In 2005 a three-judge BenchThe 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.

References

* [http://www.hindu.com/2005/07/14/stories/2005071405551200.htm]
* [http://www.rediff.com/news/2005/jul/12act1.htm]