Evictions in Assam: Human Rights, Legal Violations, and the Struggle for Justice

Evictions in Assam: Human Rights, Legal Violations, and the Struggle for Justice

The fresh wave of evictions that is hitting Assam in the middle of the year 2025 has sparked renewed debate regarding the constitutional protection and the properties rights and citizen rights of the aboriginal and minority groups. During June and July alone, thousands of state residents were evicted off properties, which were declared as encroachments even though these lands had already been occupied by communities living in places affected by erosion.

On June 30, over 90 Bengali-origin Muslim families were forcibly evicted from the Bakrikuchi Reserve area in Nalbari district. Homes were bulldozed with the support of more than 500 police officers as prohibitory orders were enforced against assemblies. Police state that warning was given in advance though many of the residents who have been displaced refute the justice and the timing of these warnings.

Goalpara district saw a similar operation weeks earlier. There, scarcely 670 families (majority of them Bengali-speaking Muslims) were evicted with around 600-bighas of land. There are 5 schools at the local level which are to be demolished, so, hundreds of children will never have an opportunity to receive education anymore. Most families in both districts claim residence for over 30 years, many having relocated after earlier homes were lost to the Brahmaputra’s erosion.

Legal Frameworks and Procedural Controversies

The State’s Legal Justification

The eviction policy of Assam government has been based on colonial and post-independence land policies. These are Assam Land and Revenue Regulation of 1886 and Assam Land Grabbing(Prohibition) Act of 2010. With the help of these laws, the district authorities under these laws have the power to detect and dislodge illegal encroachers in the government lands, mostly the village grazing reserves (VGRs).

The Settlement Rule has rule 18 giving a notice period prior to eviction. Officials claim compliance with these provisions. In both Nalbari and Goalpara, they argue that encroachers were informed in advance and that legal occupants have nothing to fear. The state insists that such operations are essential for restoring public land to its designated use and deterring further encroachment.

Contesting Due Process and Rights

However, affected families and legal experts challenge this narrative.  According to residents, notices were either not that clear, inadequately spread or sent too late so that there was no way to go to court. Many of them provide the electoral rolls and ID cards issued in the 1980s or before as proof that they have been living in the house long-term, and the occupation is not illegal.

The Assam Congress Legislature Party (ACLP) has come out and urged the Governor to put on hold the ongoing as well as planned evictions. It makes the claim that it is undermining constitutional safeguards implied by Article 21 (the right to life) and not adhering to key laws such as the Forest Rights Act.

Human Rights and the Impact on Communities

The Human Cost of Displacement

Those evictions have been disastrous on the population that was living already at the fringes of the society. Over 10000 families have been displaced since 2016, and most people who have been affected are marginalized Bengali-origin Muslims but also Karbi, Bodo, Garo, Garo, Ahom, and Hindus, Assamese.

In Goalpara, demolition of schools is imminent not only to students, but also to whole communities that continue to rely on schools as places of education and accessory provisions. The homeless families that have been evicted off these lands have no work, clean water and health care. Others do not get any legal support because country statistics indicate that only 87 percent of the individuals thrown out of their homes in 2020 were not rehabilitated by the government.

Disputed Claims and Historical Context

Influence of natural disasters such as river erosion is the main center of settlement patterns in Assam. Most of the households currently being declared as encroachers, were resettled informally many decades back having lost their lands to the changing banks of Brahmaputra. Such climate-related displacement is given little toleration by the law, thereby forming a grey area, which places the vulnerable persons as easy targets of eviction.

The ACLP argues that blanket policies treat all occupants the same, failing to differentiate between land grabbers and erosion-affected settlers who have lived in these areas for generations. Civil society organizations echo this concern and are calling for new policies that take historical displacement into account.

Political and Administrative Responses

Government’s Position and Policy Goals

Chief Minister Himanta Biswa Sarma has branded the evictions as a victory of rule repeatedly. He draws attention to the need of preventing encroachment of government land and ensuring an orderly development at press conferences and rallies organized in major cities that are attended by a large number of people. The administration states that the evictions are done under legal protection and the land is undergoing back to its original purpose thus the land returned to the people.

Officials further state that the encroachment that is done on the VGRs and the government land is harmful to the environment and community welfare in the long term. They rely on the decisions of the Supreme Court which have maintained that encroachments should be removed off the public land especially in the cases of Jagpal Singh and State of Jharkhand.

Opposition and Civil Society Critique

On the contrary, the ACLP and many other NGOs dispute both the imperative and the correctness of these operations. They are demanding the provision of legal counsel to the families that will be affected, rehabilitation packages, and stringent procedures to prevent inconvenience whereby there was no necessity. They cite the unfair targeting of the minority communities and singles out the Muslims since they face the largest group of evictees in the latest one.

The Indian American Muslim Council has termed the situation as “humanitarian crisis in the making,” claiming that the state has been employing land policy as a form of exclusion. They have demanded a stop on evictions with immediate effect in vulnerable areas and also with all the cases that are being carried out on eviction being put into review since the year 2022.

The Debate Over Land, Law, and Justice

Legal Complexity and Social Realities

The land laws are in operation in Assam at a point where the colonial remnants interact with ecological factors and the contemporary political strains. There is a real problem that the state has to deal with in regards to limited public lands, particularly those that are likely to be eroded or illegally developed. Nevertheless, legal categories, which are as hard as the term “encroacher”, are a poor description of lived experience of displacement, inheritance and long-duration residence.

The Supreme Court allows for exceptions to eviction in cases involving public purpose or the landless poor. Assam’s lack of a policy to distinguish genuine settlers from opportunistic encroachers invites criticism. In a region marked by ethnic diversity, poverty, and fragile ecosystems, law enforcement without context risks causing long-term harm.

The Path Forward

Experts and advocacy groups are urging the state to move toward a participatory and rehabilitative approach. This includes creating public land registers with community input, providing resettlement options before eviction, and integrating social safeguards into the planning process. These measures would not only prevent displacement but also promote legal clarity and social stability.

Transparent grievance redressal mechanisms and access to legal aid are essential. Without them, families face the loss of homes and livelihoods without due process—a violation of both domestic laws and international human rights norms.

Expert Perspective

Syllad Official has spoken on the topic in an interview with, offering critical insight into the structural and humanitarian implications of Assam’s eviction policy. They emphasized the importance of protecting erosion-affected communities and ensuring that land governance does not become a pretext for social exclusion:

The Unresolved Questions of Rights and Belonging

Assam’s ongoing eviction drives in 2025 reflect a collision between state authority, legal rigidity, and the realities of vulnerable populations. As bulldozers flatten decades-old settlements and children are pulled from classrooms, the gap between law and justice becomes harder to ignore. Whether the state will develop a nuanced, humane approach or continue down a path of displacement and legal absolutism remains to be seen. The answer may determine not just the fate of thousands, but the credibility of India’s democratic and constitutional commitments in its northeastern frontier.

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