Amit Shah, BJP Leaders Raise 'Infiltrators' Pitch; RTI Response Reveals 'No Data'

New Delhi: Union home minister Amit Shah has been making tall claims on election platforms regarding the number of "infiltrators" in the country. Recently, while addressing an election rally in Assam, he stated that seven districts of the state – Dhubri, Barpeta, Darrang, Morigaon, Bongaigaon, Nagaon and Goalpara – were “occupied by 6.4 million infiltrators”. Shah blamed the two-decade rule of the Congress party for the situation and asserted that only the BJP could halt this purported infiltration.

However, information sought from the home ministry under the Right to Information (RTI) Act raises serious questions about this claim.

According to the RTI application and its response, made available to The Wire Hindi by RTI activist Kanhaiya Kumar, the Ministry of Home Affairs was asked for year-wise data regarding the number of infiltrators identified/apprehended, and deported/repatriated across the country over the past 10 years (or from the earliest year available). In addition, country-wise breakup (nationality-wise) on infiltrators was also sought.

In its response dated January 23, 2026, the Ministry of Home Affairs clarified that it does not have any centrally-available data regarding the identification, arrest, or deportation of infiltrators in the country.

The ministry wrote in its response, “The powers to detect, restrict movement, and deport illegal foreign nationals/illegal immigrants have been delegated under Sub-section (2) of Section 7, 13 and 29 of the Immigration and Foreigners Act, 2025 to all State Governments/UT Administrations.”

This indicates that the ministry has acknowledged its lack of centralised data and was unable to furnish details regarding the number of infiltrators apprehended in India, the number that were deported, and the countries of which they were citizens.

This response comes at a time when Amit Shah has repeatedly highlighted the large number of 'infiltrators' not just in Assam but across various parts of the country. Speaking on the topic 'Infiltration, Demographic Change, and Democracy' at the Narendra Mohan Memorial Lecture, organised by Dainik Jagran on October 10, 2025, Shah remarked, "The growth of the Muslim population in India is not owing to fertility rates, but is instead a result of extensive infiltration."

Shah has previously stated on numerous occasions that illegal infiltration poses a serious threat to the country's security and demography.

But the RTI response raises the question: if the home ministry lacks any official data regarding infiltration, how are the figures of millions of infiltrators being determined on election platforms?

This contradiction not only questions the credibility of government claims but also underscores how a sensitive matter like "infiltration" is being manipulated in political speeches.

The Wire Hindi contacted the party's national spokesperson, Pradeep Bhandari, to obtain the BJP's version of events, but received no response. The report will be updated as and when a response is received.

'This is highly unusual'

Reacting to the home ministry statement that it doesn't have any consolidated data on "infiltrators", social activist and author Harsh Mander called it "highly unusual."

He said, "The assertion that the home ministry doesn't keep statistics is quite strange. For instance, states gather data on offences such as murder, but the National Crime Records Bureau compiles and publishes it. If the states possess the data, the central government is capable of consolidating it. Therefore, this argument offered by the ministry doesn't seem convincing."

Mander also raised concerns regarding the use of "infiltrator." He stated that Indian law does not provide a clear definition of the term “infiltrator".

India has not signed the Refugee Convention. Therefore, from a legal standpoint, there exist only two classifications: an individual is either an Indian citizen or a foreign national. Among foreign nationals, one may possess valid documents or lack it. However, there is a major difference between being a foreign national without documents and being an "infiltrator".

According to Mander, the term "infiltrator" not only implies illegal presence, but also carries the implication of malicious or conspiratorial entry. "A person may cross the border due to poverty, violence, persecution, or simply wandering. However, when you label them as an 'infiltrator,' it implies that they have entered the country with a particular intent. This perspective is highly problematic," he said.

Mander, citing amendments to the Citizenship Act since 2008, stated that although the burden of proving charges typically lies with the state in criminal law, in matters of citizenship, this burden has been transferred to the individual. "Now, it is presumed that the person is illegal, and they have to prove their citizenship through documents. In a country like India, the process of documentation has traditionally been inadequate with factors such as poverty and illiteracy contributing to it."

He alleged that even if every undocumented person were uniformly labelled an 'infiltrator', it would still pose a serious constitutional challenge. However, he said that in practice, the term is being used for specific communities.

When the government fails to provide statistics and labels certain communities as 'infiltrators,' it suggests that this process is driven not by administrative factors but by ideological and communal perspectives.

Harsh Mander has been working on matters concerning citizenship, displacement, and minority rights for a long time. Recently, he even received threats of legal action from the Chief Minister of Assam.

In a conversation with The Wire Hindi, Mander also questioned the broader meaning of citizenship and its political use. Citing philosopher and Holocaust survivor Hannah Arendt, he said, "Hannah Arendt asserted that citizenship is the right to have rights. When an individual’s citizenship is called into question, it destabilises all their other rights as well."

He said that for over a decade, a metaphorical sword of Damocles has been constantly hanging over the heads of people of a particular community and religion regarding their citizenship.

For the last 12 years, a specific community has been given the message that their "right to have rights" is subject to scrutiny at any time. The fundamental aim is to keep an entire community in a state of perpetual fear.

Who is being expelled from the country?

Assam’s chief minister Himanta Biswa Sarma has repeatedly claimed that alleged infiltrators are being returned to Bangladesh. On September 8, 2025, he announced on the social media platform X that 18 Bangladeshi infiltrators had been deported and that measures were being implemented to prevent their re-entry into the state. He claimed that the entire exercise was being conducted "as per protocol." A few days earlier, on September 3, he had mentioned that 13 alleged infiltrators had been deported.

Concerning such actions, Harsh Mander said that the government was forcing people across the border by labelling them as "infiltrators" without following an appropriate legal procedure.

“They accuse anyone of not being a citizen of this country, of having no rights, and then, after a brief interrogation, forcibly expel them across the border at gunpoint. What are we trying to do?” Mander asked.

He further stated that if there is substantial evidence confirming an individual’s Bangladeshi citizenship, a legal repatriation process exists under international law. This process involves formally notifying the relevant country, verifying the address and family details, and then carrying out repatriation legally.

However, this is not what is happening here because the government is aware that the people being displaced are not actually Bangladeshis.

Mander likened this situation to Indian citizens being deported from the United States, noting that although the repatriation process in that context may be controversial, it is a recognised legal process. In contrast, he described the measures being taken in India as a type of extra-judicial action depriving people of their rights beyond the scope of the judicial system.

He warned that even if this action were applied equally to all undocumented people, it would still be a serious constitutional crisis. However, if it is being implemented in a targeted manner against a particular community, it is an extreme form of “communal politics,” “which can be described as fascist.”

This article was originally published on The Wire Hindi. It has been translated by Naushin Rehman.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.