Historic complexities of citizenship in Assam

The citizenship issue in Assam is peculiar and highly complex because of the historic reasons of animosities between Assamese and Bengalis. There were serious tensions between the Assamese and Bengali linguistic communities in Assam since 1826. Then it was Ahom kingdom under Burmese rule. It fell to the British East India Company after the First Anglo-Burmese War of 1824-26. Present Assam was part of Bengal when it entered the British domains.

The problem began when the Bengali language was imposed in Assam in January 1838, as the Judicial and Revenue Department of the British Company Raj. Bengali substituted Bengal division of Presidency of Fort William, and the vernacular language of those provinces was ordered to be substituted for the Persian in judicial proceedings, and in the proceedings relating to the revenue. A period of twelve months was allowed for effecting the substitution". At lower level of bureaucracy, the Bengali clerks were blamed more for this imposition of Bengali on Assam, rather than the British rulers. This conflict has further grown increasing animosities between the Bengali and Assamese linguistic communities in the North-East. The fear that Bengalis will dominate and exploit the resources like jobs and economic development is higher in Assam along with Meghalaya and Tripura. In Tripura, the local tribal of the erstwhile princely State became a minority due to an influx of Bengali-speaking migrants from East Pakistan at the time of partition in 1947 and at the time of formation of Bangladesh in 1971.

In 1935, when the Government of India Act was promulgated, Assam was, under Section 46(1), stated to be a Governor's province. In this context, the Foreigners Act of 1946 was enacted under which the burden of proving whether a person is or is not a foreigner lies upon such person. But the unfortunate turn of politics created a situation today that every person is now burdened to prove his/her Indian citizenship.

At the commencement of the Constitution of India, Article 5 stated that every person who has his domicile in the territory of India and who was either born in the territory of India; or either of whose parents were born in the territory of India; or who has been ordinarily resident in the territory of India for not less than 5 years immediately preceding such commencement shall be a citizen of India.

Exception is made under Article 6 in respect of those who, or whose parents have migrated into India from Pakistan, before 19 July 1948. The base line date for being a citizen of India under the Constitution is 26th January 1950. But this is changed by various amendments and the acquisition of citizenship is very complex process now. For those born after 2004, the citizenship is not secured by birth. It depends on so many conditions.

Act for expulsion

In recognition of the continuous influx and illegal migration from East Pakistan, Parliament enacted the Immigrants (Expulsion from Assam) Act, 1950 to protect the indigenous inhabitants. The Act empowered the Central government to order expulsion of certain immigrants.

The statement of objects and reasons of this Act says "during the last few months a serious situation had arisen from the immigration of a very large number of East Bengal residents into Assam. Such large migration is disturbing the economy of the province, besides giving rise to a serious law and order problem. The bill seeks to

confer necessary powers on the Central government to deal with the situation."

Between 1948 and 1971, there were large scale migrations from East Pakistan to Assam. As is well known, West Pakistan commenced hostilities against East Pakistan on 25th March 1971 culminating in the war and birth of Bangladesh.

Largest border

Bangladesh and India share a 4,096-kilometer international border, the fifth-longest land border in the world. Out of this border, 262 kms fall in the State of Assam and 92 kms of the border in the State of Assam is riverine. There was large scale illegal migration from Bangladesh over several decades has been altering the demographic complexion of the State of Assam. It poses a grave threat both to the identity of the Assamese people and to national security. Illegal migration into Assam was the core issue behind the Assam Movement.

No law for refugees

The Parliament has not enacted any law for refugees from other countries. Refugee status can be granted through executive orders of centre only. Section 6A while granting refugee status to illegal migrants from East Pakistan, proceeded to grant them citizenship of India also to those who migrated before 1966 and to all who migrated before 25th March, 1971 respectively were to become citizens of India a period of 10 years automatically once there has been a determination that they have in fact settled in India between 1966 and 1971.

Assam Accord

Based on the memoranda/representations of All Assam Students Union and from different sections the Parliament enacted the Illegal Migrants (Determination by Tribunal) Act, 1983, applicable only to Assam and was expected to be a measure which speeded up the determination of illegal migrants to be deported. Entire State went into the agitation mode leading to the "Assam Accord" signed on 15th August 1985 between the AASU, AAGSP and the Central and the State governments in the presence of Rajiv Gandhi, then Prime Minister.

Assam Accord was culmination of massive and violent agitation in which 885 people were killed over six years. The accord put the date of detection and deportation of foreigners as March 25, 1971. It was in pursuance of this accord that Section 6A was inserted in the Citizenship Act in 1985. It says;

Notwithstanding anything contained in any other law for the time being in force,

all persons of Indian origin who came into Assam from the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985 (including such of those whose names were included in the electoral rolls used for the purposes of the general election to the House of the people held in 1967) before 01.01.1966, and who have been ordinarily resident in Assam since the date of their entry into Assam shall be deemed to be citizens of India; all persons of Indian origin who came to Assam from the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985, on or after 01.01.1966 but before 25.03.1971, and have been ordinarily resident in Assam and have been detected to be a foreigner, shall register with the Registering Authority and their names, if included in the electoral roll for any Assembly/Parliamentary Constituency in force on the date of such detection, shall be deleted therefrom for a period of 10 years.

All persons of Indian origin who came to Assam from the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985, on or after 01.01.1966 but before 25.03.1971, from the date of detection as a foreigner, shall have the same rights and obligations as a citizen of India, except the right to have their name included in electoral rolls for any Assembly or Parliamentary constituency. Ten years from the date of detection as a foreigner, such person would be deemed to be a citizen of India.

Governor's report

Assam Governor, who was once Deputy Chief of Army Staff gave a report in 1998 presenting a baffling demographic picture that emerged because of continuous migration from Bangladesh, that reduced the Assamese into a minority in their own State. He reported that national security is threatened and that this can lead to the severing of the entire landmass of the north-east with all its resources from the rest of the country with disastrous strategic and economic consequences. Millions crossed Bangla border and occupied lands in Assam, which neither the State nor the Centre could prevent or remove. They were ready to work at lower wages, that deprived Indians their employment opportunities. He apprehended serious insurgency form of internal disturbance posing grave threat to the life of the people. Under article 355 the Centre has a duty to protect State from external aggression and internal disturbance. The influx of illegal migrants is turning lower Assam districts into Muslim majority region, which might have even led to demand for merger with Bangladesh. Rapid growth of international Islamic fundamentalism may strengthen this demand. If lower Assam districts are lost, entire North East could severe from rest of India.

(To be concluded next Tuesday)

(The writer is former Central

Information Commissioner and

Professor at Bennett University)