Centre has not provided data to prove PIL claim that illegal immigration is reducing tribal population: Jharkhand tells SC

In a petition filed before the SC, Jharkhand challenges the HC order to set up a fact-finding committee including Central officials; State says tribal population could be reducing due to “various sociological factors”

The Union government has failed to provide any data to support the claim that illegal immigration is causing a reduction of the tribal population in Jharkhand’s Santhal Pargana region, the State government said in a special leave petition filed before the Supreme Court.

The Jharkhand government is challenging a public interest litigation (PIL) being heard in the Jharkhand High Court, which claimed that “Bangladeshi infiltration” is the cause of the changing demographics of the region. There had been a drastic fall in the percentage of Scheduled Tribes in Santhal Pargana’s population between 1951 and 2011, the Union Ministry of Home Affairs had said in an affidavit before the High Court, adding that “infiltration has been assessed to have taken place”.

After the MHA filed its affidavit, the Jharkhand High Court had on September 20, ordered the formation of a fact-finding committee (including Central officers) to look into the issue of alleged illegal immigration into Jharkhand. The State government is challenging this interim order and has asked for the PIL’s proceedings to be stayed.

Jharkhand is set to go to the polls on November 13 and 20, to elect a new State Assembly.

Population changes

In its petition to the SC, the Jharkhand government argued that the High Court had erred in understanding several aspects of the issue and had failed to record or consider the State government’s objection to the formation of such a committee.  

The Jharkhand government’s petition, filed through an official of the Home Department, pointed out that the population figure presented by the Centre “pertains to the years 1961 and 2011” and so does not “give details of the present status of the population on the ground”. 

“Therefore, there was no basis to conclude that the tribal population was being reduced on account of illegal migrants,” the state government’s petition said, adding that the change in share of population “may be on account of various sociological factors”.  

The MHA, in its affidavit, had not explicitly linked the demographic changes to the “infiltration”. Instead, it had said: “Quantum of decrease in tribal population due to outward migration, low child-birth rate among tribals, conversion to Christianity and other reasons needs also to be assessed.”  

‘Central interference’

The Jharkhand government said that it had agreed to hold consultations with the Union government on the issue of illegal immigrants coming into Jharkhand from neighbouring States but had “vehemently objected” to the formation of a fact-finding committee comprising Central officials.

It noted that a fact-finding exercise had already been conducted by the Deputy Commissioners of six districts in the Santhal Pargana region, and had found the claims of the PIL petitioner about illegal immigration causing demographic changes “to be non-existent”. The State government said that only two cases of illegal immigrants had been found, in Sahibganj district, and legal action is being taken against them as per procedure.

The State claimed that the formation of a committee with Central officers would amount to an “interference in the autonomy and power of the State government to deal with the issue of illegal migration and infiltration which was found to be non-existent.” 

It added that the High Court had also failed to consider that the Supreme Court is already hearing a batch of petitions relating to illegal immigration from Bangladesh since 2017, in which orders are being passed, and to which the Jharkhand government is a party.

While the Supreme Court is yet to list the Jharkhand government’s special leave petition, the Jharkhand High Court is scheduled to take up the matter next on November 13.  

Published - October 25, 2024 08:48 pm IST