General Studies Feed: Illegal Immigration and Ethnic conflicts in NE India

The Illegal Immigration and Ethnic Conflicts of NE India

Contents:

1. Introduction

2. Strategic Importance

3. Various Accords

4. Sixth Schedule and Local Autonomy

5. Historical Background of Immigration

6. After Partition of India

7. Immigration Before and After 1971

8. Laws and Agreements to tackle Immigration and citizenship in India

9. Provisions of IMDT Act 1983

10. Assam Accord, 1985

11. Supreme court Verdict, 2005

12. Present Scenario

1. Introduction:

· In the midst of security, human rights, border Land and resource sharing issues of North East India, the illegal Immigration gets up in the order as one of the major socio economic unresolved problems.

· Started as a conflict between the inhabitants and settlers as land tenants during British period, the issue developed as a resource sharing to communal conflicts.

· The clashes and loss of life for the past five decades needs strong political decisions regardless of the brotherhood bond between India and Bangladesh.

· The violence of Kokrajhar in Assam triggered all India communal tensions towards a particular community.The issue needed to be addressed in a broader platform.

· For Mains, this article can be covered under topics of GS-II paper and State PSCs exams.

2. Strategic Importance:

· Ethnic mosaic as diverse as the rest of our nation, of the 563 communities listed by the “People of India” project, 635 were categorized as tribal, as which 213 were belong to NE states.

· Project also listed 325 languages of 175 belong to Tibeto-Burman and the MonKhmer family were found in NE.

· NE represents India’s most complex affair, leading to difficulty in policy making and execution.

· 84% of its population from rural, Geography- 9%of India, 98% of border form India’s International Boundary.

· Connected by 27Km ‘Siliguri Corridor’ of West Bengal with rest of the Nation. Called as 7 sister and a brother State. Sikkim not part of NE initially, till approved so by GoI in 2002.

· Rich in Resources: Hydrocarbons, coal, Limestone, dolomite, Graphite, Quartzite, Sillimonite etc.,

· Over 10% of Forest Products requirements of the country met from NER. Rich in Biodiversity, Immense Potential in Hydro Power Generation.

· 80% of Total Hydro Power Potential of the Country. Arunachal Pradesh alone Expected to Generate 267GW i.e 30% of Total Country Production.

· A central region for many International Initiatives and Trade agreements: SAFTA, BIMSTEC, APTA, LEP, EAS.

· Gateway for South-East Asian Nations. Though shares just 3% of Total GDP of the Nation.

· Because of Multi-Lingual and Multi-Religious society, NE envisaged with some special Provision in Our Constitution like Part IX and Part IXA not applicable for Nagaland and Parts of Assam, Manipur, Meghalaya, Mizoram.

· Local Autonomy ensured with Sixth Schedule Status to NE states: Assam, Tripura, Meghalaya and Mizoram.

· Special Status For Nagaland Under Art- 371A

3. Various Accords:

*Peace Accords and the creation and restructuring of Administrative Units in NE India*
Date	Accord	Parties to the Accord	Unit Created
1947	Naga-Akbar Hydari Accord	Akbar Hydari, Assam State and Naga National Council Representatives.	Nagas Given Autonomy for 10years.
1960	Sixteen Point Agreement	GoI and Naga People’s Convention	Created the State of Nagaland
1975	Shillong Accord	Governor L.P.Singh of Nagaland and Underground Organization	Surrendered but no benefit for Nagas
1985	Assam Accord	AASU&AGSP reps, Union Home Ministry, Chief Secretary,Assam.	Explained in detail Below
1986	MoU	GoI and Laldenga on behalf of Mizo National Front	Created the State of Mizoram
1988	MoU	GoI and Tripura National Volunteers	Reorganization of the Tripura Tribal Areas Autonomous Dist Councils(TTAADC) promised
1988	Darjeeling Hill Accord	GoI, WB State and Gorkhaland National Liberation Front	Darjeeling Gorkha Hill Council
1993	Memorandum of Settlement	All Bodo Students Union President and Assam State	Bodoland Autonomous Council
1993	Agartala Agreement/MoS	Tripura state and All Tripura Tiger Force	Renewed Commitment to reorganize TTAADC
1994	MoS	Mizoram State Council and Hmar People’s Convention	Sinlung Hills Development Council
1995	MoU	Assam State and Representatives of community organization of the Rabhas, Karbis, Tiwas and Mishings	Karbi Anglong District council became Karbi Anglong autonomous Council. Rabha-Hasong Autonomous council, Tiwa Autonomous council and Mishing Autonomous Council which were not territorial, were established.
2003	Bodoland Territorial Council Agreement	GoI, Assam State and Bodo territorial Council Agreement	Bodoland Territorial Council
2011	MoU	GoI, WB State and Gorkha Janmukti Morcha	Created Gorkhaland Territorial Administration

4. The Sixth Schedule And Local Autonomy:

The changing status of the areas under the 1919 and 1935 Acts after Independence is shown below.

*Backward Tracts under 1919 Act Renamed as Excluded Areas in 1935* *Act. Included in the Sixth Schedule* *of the Indian Constitution in 1950*	*Present Status of the Areas*
Garo Hills district, Khasi Hills district Jaintia district	Reconstituted as Meghalaya and an autonomous state in Assam in 1969. Meghalaya, became a full fledged state in 1971. The three districts still enjoy autonomy under the Sixth Schedule
Mikir Hills	Renamed as Karbi Anglong
North Cachar Hills	Renamed as North Cachar
Naga Hills district	Became a part of Nagaland state in 1963(earlier constituted as union territory).
Lushai Hills district	Became Mizoram state in 1987 (earlier constituted as union territory)
Sadiya frontier tract Balipara frontier tract Lakhimpur frontier tract	These three tracts were first reconstituted as North-Eastern Frontier Area (NEFA) and subsequently as Arunachal Pradesh state

· Sixth Schedule provided for autonomous districts and autonomous regions within those districts with elected councils that enjoyed the power to levy certain taxes, to constitute courts for administering justice and make laws on various subjects. Powers of the District Councils and Regional Councils to make laws were with respect to-

(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residentialor other non-agricultural purposes or for any other purpose likely to promote the interestsof the inhabitants of any village or town

(b) the management of any forest not being a reserved forest;

(d) the regulation of the practice of jhum or other forms of shifting cultivation;

(e) the establishment of village or town committees or councils and their powers;

(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;

(g) the appointment or succession of Chiefs or Headmen;

(h) the inheritance of property;

· A "reserved forest" mean area reserved under ‘Assam ForestRegulation, 1891’, or under any other law for the time being in force in the area inquestion.

· The District Council for an autonomous district shall have the power to levy and collectall or any of the following taxes within such district, that is to say-

(a) taxes on professions, trades, callings and employments;

(b) taxes on animals, vehicles and boats;

(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and

(d) taxes for the maintenance of schools, dispensaries or roads. Further licences or leases for the purpose of prospecting for, or extraction of, minerals. -Also were under the purview of the respective District Council.

Areas in the NE region NOT covered under part IX and part IX A of the constitution

State/Area within a State	Provisions under which exempt
Nagaland	Exempt under Article 243M and not covered underSixth Schedule
Hill areas of Manipur
Meghalaya	Exempt under Article 243M and covered by the provisions of the SixthSchedule
Mizoram	Exempt under Article 243M, with some areas of the State covered by theprovisions of the Sixth Schedule
Bodoland, North Cachar and Karbi Anglong districts of Assam	Covered under Sixth Schedule

5. Historical Background of the Issue:

· British east India company brought Muslim Peasants from East Bengal to Brahmaputra Valley(Policy of Permanent Settlement), Policy towards the development of the region accelerated the movement of people from outside, they needed essential human resources includes administrators, businessmen & Laours.

· Assam annexed by British in 1826 and adopted Bengali as official Language though mostly inhibited by Bodos and Ahoms. Bodos are Largest Plain Tribes of India.

· Partition Bengal in 1905 created Communal differences and Tensions.

· Formation of All India Muslim League in Dhaka in 1906 encouraged the migration to increase the Muslim population in Assam for political reasons.

· GoI(Excluded and Partially Excluded areas) order 1926 and GoI Act 1935 all based on assumptions that only hill tribes need special protection as there were vast differences between them and the majority of the Assamese people in the Plains.Plain Tribes Ignored.

· In 1937 Muslim League,demanded and created Pakistan for Muslims, became part of the ruling dispensation of Assam and its leader, Saiyid Mohammad Saadulla, headed five different ministries for most of the period 1937-1946. The elections had been held to Indian provinces after the British relented and gave Provincial Autonomy.

· In 1941 the ruling Muslim League introduced Land Settlement Policy, which allowed migrants to settle down in government land anywhere in Assam.

· The agitation of locals opposed to the migration was further intensified by claims of Saadulla during World War II that his policy of allowing migrants into Assam was part of an effort of the Muslim League to help the British in its World War II efforts. The Muslim League, which supported the British war efforts, claimed immigrants would help in cultivating more food for the war period.

6. After partition of India:

· After partition, though Jinnah was secular in his inaugural speech, the following government provoked major communal riots and made Hindus to flee India.

· The East Bengal State Acquisition and Tenancy Act 1950 enacted by Muslim League made ‘No land to be possessed by a single person in excess of 200 bighas or a quantity of 10 standard bighas/person of his family.

· The Zamindars, mostly Hindus lost land and fled to India in fear of future troubles.

· India Responded with Immigrant(Expulsion from Assam)Act 1950. It distinguished immigrants as Hindus- refuees and Muslims- Migrants. Allowed only people affected by civil disturbances in East Pakistan to settle in India(Muslim cannot claim so). Deported back them into East Pakistan.

· The India’s action created much antipathy to Pakistan and the made a pact with India. That is Nehru-Liaquat Ali Agreement of 1950 to allow return of all migrants back into East Pakistan regardless of religion and ensured same land they left before flee.

· Also it brought Muslims who fled to East Pakistan back into India. Around 161360 people came to Assam through recognized route during 1950.

· The all deportation allowed only who migrated before Dec31, 1950.

7. Immigration Before and After 1971:

· In 1964, Fresh Communal riots absorbed in both nations. Large influx of Hindu migrants in India.

· Assam state passed ‘Prevention of Infiltration from Pakistan(PIP)Act 1964- More Secular from 1950 Act.

· This Formed Special Border Force, set up passport checkup center. More Engagements from federal government for the governance of border area witnessed.

· After the war of 1971, 75Million population of Bangladesh, 10 Million fled to India as refugees and 1million stayed permanently.

· When Electoral rolls were revised byState Election Commission, found a large no of Bangladeshi Muslims were included in that and asked the state to identify the constituencies with a big rise in no of votes.

· ‘Assam Movement’ (1979-85) formed to agitate against the issue, Majority of them were Bodos, Koch-Rajbhangshi, Rabhas, Adivasis, Tea Tribes and Assamese.

· Issue worsened because of ‘Nalli Massacre-1983’.

· As a result,GoI enacted Illegal Migrant(Detention by Tribunals)Act 1983 confined only to Assam.

· Tripura do witnessed 6 lakh Bengali immigrants from 1947-1971.

· The Inhabitants who speaks Kokborok and other tribal groups formed ‘Tripura National Volunteer Force(TNVF) and killed Bengali Immigrants at Mandai Bazaar(Mandai Bazaar Massacre).

· Agreement between GoI & TNVF for self-governance as ‘TripuraTribal Autonomous Council’.

· Extremists’ activities still exists under ‘All Tripura Tiger Force’ and ‘National Liberation Front of Tripura’.

8. Laws and Agreements to tackle immigration and Citizenship in India:

· The Foreigners Act 1946 (all India, except Assam till Assam Accord was Signed).

· The foreigners Order 1948

· Citizenship Act 1955

· The Foreigners (Tribunals) Order, 1964

· The Foreigners (Tribunals) Amendment Order 2012

· The Passport(Entry into India)Act 1920

· The Citizenship (Registration of Citizen and Issue of National identity cards) Rules 2003

· The Citizenship Rules 2009

· Nehru- Liaquat Ali Agreement 1950

· Assam Accord, 1985

9. Provisions of IMDT Act, 1983:

· Enacted purportedly to deal with the detention of foreigners illegally migrated to India across the borders of the sensitive East& NE regions of the Country.

· Failed to serve the purpose because of its very stringent provisions.

· It setup tribunals to hear the complaints as quasi-judicial body. The complainant was required to prove the suspect is an Illegal Immigrant.

· It created burden to the complainant also contrary to other Laws, especially in Foreigner Act the onus to prove lies on suspect not on the prosecution.

· Also Complaint against a Immigrant could be filled only by prosecution lives within 3Km radius of the residence of accused. The affidavit also should be supported by a person of above same condition.

· The Act applicable to the migrants of after 25 March 1971.

· The Definition of ‘Illegal Immigrant’ was mentioned as one without possessing passport, any travel document and any Law document.

· Conviction become difficult because easy to claim loss of passport, document etc., so responsibility again fell on Litigant.

· It restricted Litigant by saying ‘not more than 10 application (or) declaration per one litigant’.

10. Assam Accord, 1985

· Fixed the cut-off date to determine illegal migrants in Assam was March25,1971.

· Migrants who arrived before that considered citizens and arrived between Jan 01,1966 to Mar25, 1971 registered under Foreigners Act, their names deleted from electoral rolls for 10 years and restored after that.

· Those who came after Mar25,1971 deported under IMDTs.

· Other featuresof Accordinclude

(i) Updating NRC of 1951

(ii) Cross checking electoral rolls with the updated NRC.

(iii) Demarcation of the Indo-Bangladesh border clearly and creation of clear inhibited belt.

(iv) Strict maintenance of Birth &Death registers at all administrative levels.

(v) Raising additional armed battalions and river police force to check infiltration

· Rebels not agreed with the accord and struggled to revoke it and asked for new law which deports all illegal immigrants irrespective of time of immigration.

11. Supreme Court Verdict, 2005

· Failure of IM(DT) Act, the cases Deported 1985-2003 were 1561 compared with deported from 1962-1984 through Foreigners Act 1946 were 3Lakh, questioned the validity of the Act.

· On the Case Sarbananda Sonowalvs. Union of India in SC 2005, held that onus to prove a person as a foreigner on the complainant as unconstitutional and stuck down the Act.

· SC observed ‘Deep analysis of IMDT act & Rules made they have purportedly enacted or made to give shelter or protection to immigrants of Bangladesh.

· Also held the Tribunals under IMDT should ‘cease to function’ and cases before it to be transferred to Foreigners (Tribunals) order, 1964 and decided the manner provided under Foreigners Act, 1946.

· After the verdict the central amended Foreigners Act 1946 and Included Assam, as like other states in the Act. The tribunals became devoid of appellate authority to justify citizenship and the power came under Executive Authority.

· Government of West Bengal Managed to deport 50lakh illegal migrants under Foreigners Act without Tribunals, IMDT act and any agitations recently.

12. Present Scenario

· According to a status Report of Union Home Ministry in 2008 says

(i) The demographic Composition in the districts bordering Bangladesh has altered with illegal immigration.

(ii) Districts of Assam& WB bordering Bangladesh recorded high growth of population higher than the national Avg.

· According to affidavit by Assam state in 2008 says

(i) Three districts in Assam karimganj, Cachar and Dhubri borders Bangladesh

(ii) All India Decadal growth of population during 1981-91 is 23.85%, but 42.08%, 47.5%, 56.57% respective with the above Districts.

· Consolidated total Deported/Pushed back illegal Immigrants under IMDTs-1547(Till July 2005) and Foreigners Tribunals-895(Till July 2012). Total=2442 Nos.

END

Name: Marudavanan.S

References:

1. White Paper onForeigners' Issue, Home & Political Department,Government of Assam, July 2012.

2. Frontline Magazine, August and September 2012 Editions.

3. Research Paper on “MIGRATION AND REFUGEE ISSUE BETWEEN INDIA AND BANGLADESH (2009)” by Chitran Kumar, South Asian Studies Division, School of International Studies, JNU.

4. “Securitization Of Illegal Migration of Bangladeshis To India” Josy Joseph, Institute of Defence and Strategic Studies, Singapore.

5. The Hindu Opinions.