0 comment(s)

|

Print

|

Send

The issue of illegal Bangladeshi immigration in Assam is back in focus. First it was the mobilization done by the Chiring Chapori Yuva Mancha and now it is the decision given by the Supreme Court regarding the Illegal Migrants (Determination by Tribunals) Act that has brought this issue prominently in limelight. The importance of these developments is not restricted to the phenomenon of illegal immigration only. It might also impact the fortunes of many political parties. A large number of illegal migrants who have managed to legalize their status, and have emerged as an important political force in the state are using their lobbying power to neutralize the setback handed down by the judiciary.

The IMDT Act came into existence as a consequence of the Assam Accord in 1983. It has been different from the Foreigners Act enforced elsewhere in the country. While IMDT Act said the onus of proving the citizenship of a suspected illegal immigrant lay on the complainant, under the Foreigners Act a suspected illegal immigrant has to establish his or her nationality. The IMDT Act through its operation virtually made sure that no illegal immigrant would ever be thrown out from the state. In its over two decades existence, it could identify only few hundred illegal immigrants. But it is not definite whether even they were deported.

The law left terrible impact on the demography of Assam . It resulted in disproportionate rise of minority population. At least, five constituencies in the state have now become minority dominated and the other five are on the verge of becoming so. Religious and linguistic minorities in Assam hold the key to winning elections in at least 40 of the 126 assembly constituencies. Some even say that now the situation has reached such a stage where no party can think of winning the election without the help of minorities in the state.

This development is causing social tension in the Assamese society as the political power is shifting to the hands of migrants and a gradual deterioration is taking place in the law and order situation. In fact, the immediate trigger for Chiring Chapori Yuva Mancha movement was criminal activities which the migrants were indulging in.

The increasing hold of Bangladeshi migrants over the Assamese polity and society is helping the larger game of Bangladesh . In northeast, now at least 27 Islamic groups are active pursuing Islamist agenda. The Islamist extremists of the neighbouring country have the vision of a greater Bangladesh which includes whole of northeast, West Bengal and even Bihar . Intelligence agencies like the ISI and DGFI are acting in tandem with them. The informal border of Bangladesh has already expanded as a number of districts bordering Assam and West Bengal have been dominated by the settlers from that country. The ULFA movement initially began as a protest against the presence of these illegal migrants. But Bangladeshis have astutely managed to win over ULFA. Now ULFAs leadership has developed business interests in Bangladesh . This has led to a complete shift in the objective of ULFA and it has become a terrorist organization opposed to Indian state.

The increasing illegal immigration has worsened the internal security situation in the state. It is halting the economic progress of the region. The insurgency in Assam which began in a large measure due to the presence of Bangladeshi migrants has deterred industrialists from coming to the area. What is worse, benefits of various government schemes has been cornered by these Bangladeshi migrants due to their political clout. This is proving to be a great drain on the resources of the country.

The Supreme Court of India has taken notice of all this and in a landmark ruling to speed up deportation of illegal Bangladeshi migrants from Assam, it scrapped the controversial Illegal Migrants (Determination by Tribunals) Act, 1983, on July 12 holding it responsible for delaying detection of foreigners in the state. In their unanimous verdict, Chief Justice RC Lahoti and Justices GP Mathur and PK Balasubramanyan ruled that the IMDT Act was unconstitutional and directed the immediate closure of all tribunals constituted under the Act to adjudicate cases for identification of illegal migrants from Bangladesh . The court also asked to transfer these cases to tribunals under the Foreigners Act. It also ordered setting up of sufficient number of tribunals to deal with the situation.

The bench noted that though enquiries were initiated in 310,759 cases under the IMDT Act, only 10,015 persons were declared as illegal migrants and finally only 1,481 were physically expelled up to April 30, 2000. The bench said the influx of Bangladeshi nationals into Assam posed a threat to the integrity and security of northeastern region. Their presence had changed the demographic character of that region and the local people of Assam had been reduced to a status of minority in certain districts. Against this, in West Bengal , where the Foreigners Act was applicable, 489,046 people were deported between 1983 and 1998. The judges said the enforcement of the IMDT Act had facilitated to a very large extent the illegal migrants from Bangladesh to continue to reside in Assam , and on account of their huge numbers, they had affected the language, script and culture of the local people. The bench also noted that the IMDT Act "is coming to the advantage of such illegal migrants as any proceedings initiated against them almost entirely ends in their favour, enables them to have a document having official sanctity to the effect that they are not illegal migrants."

No doubt, the Supreme Courts decision has removed a big hurdle in identifying and deporting the illegal immigrants but a number of other issues still remain to be addressed. The 272-km land border that Assam shares with Bangladesh is yet to be fenced completely - more than 50 percent of the border remains porous and even in areas where barbed wire fencings have been erected it does not necessarily mean a full stop to infiltration. The presence of the Border Security Force (BSF) in the border areas is far from adequate.

The Indian state appears to be gearing to meet this challenge. Home Minister Shivraj Patil on July 27 stated that 200 more battalions of paramilitary forces were being raised and armed with greater air cover and armoured vehicles to prevent infiltration from Bangladesh and Nepal . Patil has also stated that the government would distribute multipurpose identity cards in border areas in the next two years and complete the fencing of the 4,000-km-long Indo-Bangladesh border. Besides the identity cards, the government would make it compulsory to maintain a birth and death register. The government is also planning to beef up security forces for border management. It proposes to spend Rs.20 billion each year for the modernisation of paramilitary and state police forces. The soldiers would be provided protective gear and communication and transport facilities. The government is in the process of floating border outposts in riverine areas also. Besides, it is also considering a proposal to step up BSF deployment from one battalion for every 70 km to one for every 30 km.

But the struggle against illegal immigration might be weakened due to the politicization of the issue. The state is politically divided into two parts over the issue. While one section is jubilant over the Supreme Court verdict, the other section which has been traditionally getting votes of these illegal migrants appears worried. This second section is trying to find some alternative to the IMDT Act. Suggestion has also been made by them to introduce amendments in the foreigners Act which would be applicable only to Assam .

It is believed that the Centre may not appeal against the judgment, because the Supreme Court has expressed strong views against the IMDT Act in its ruling. But it has set up on July 14 a Group of Ministers to examine the Centre's options, following the repeal of the IMDT Act. The Ministerial group will examine whether or not the Foreigners Act can be amended to introduce a special clause for Assam which will have the same provisions as the IMDT Act.

However, there is one positive development this time. The All Assam Students Union (AASU) and the Coordination Committee of Minority Organisations (CCMO), the apex body of 12 minority groups, have unanimously decided to check infiltration and ensure safeguards for genuine Indian citizens belonging to religious or linguistic minority groups. This development assumes significance because this is the first time since the AASU launched its campaign against Bangladeshi infiltration in 1979 that leaders of the minority groups have joined hands with the student organisation. The coming together of AASU and minority groups is expected to change the political equations in Assam , where politics over the years revolved around the minorities.

Assam Chief Minister, Tarun Gogoi initially expressed his disappointment at the decision of the Supreme Court. But he was caught in a bind when he found that this time minority organisations and the All Assam Students Union are working towards a rapprochement. As a result, Gogoi on July 18 ruled out the possibility of enacting a new law to replace the Illegal Migrants (Determination by Tribunals) Act. Gogoi claimed that the UPA government had constituted a group of ministers to find ways to end illegal migration rather than suggest an alternative to the legislation.

The chief minister said his government was laying emphasis on updating the National Register of Citizens with March 25, 1971, as the cut-off date. He thinks that it would solve the problem of detecting illegal migrants. He has also reportedly recommended to Delhi to reconstitute 32 tribunals under the Foreigners Act to expedite the process of detecting and deporting illegal migrants. He assured the genuine Indian minorities that they have nothing to fear. He said: "Even under the Foreigners Act, detection and deportation will be done under a judicial process and so there is no need for worry.

But Gogoi is facing pressure from his own party men of minority community. Muslim legislators from Assam 's ruling Congress party have demanded greater legal protection under the Foreigners Act to religious and linguistic minorities. Assam Agriculture Minister Wajed Ali Choudhury said, "The existing provisions under the Foreigners Act are not adequate to give protection to genuine minorities. The lawmakers want amendment in the Foreigners Act. Hundreds of youths belonging to minority communities of Assam staged a rally in New Delhi on July 28. The student activists demanded a substitute for the IMDT Act.

Though the Supreme Court decision would provide impetus to the drive against illegal immigration, concerted efforts would be needed on other fronts. The magnitude of the problem is such that unless all sections of the society including the genuine Assamese minority cooperate in this effort it would be very difficult to deal with the problem. The worse thing to happen would be to communalize the situation.

Even after these illegal immigrants are identified, the biggest challenge India would face is from the Bangladeshi side. With regard to illegal immigration, the official policy of Bangladesh is that there is no Bangladeshi residing illegally in India . India would face an uphill task in convincing Bangladesh to take back these migrants who have already crossed over to this side of the border. This battle has to be fought on a diplomatic level between India and Bangladesh . Given the state of relationship between these countries, the difficulties involved in sending back these illegal migrants could easily be understood.

The scrapping of IMDT Act has removed an important legal handicap, but it will not by itself solve the problem of illegal immigration. Now the job of security and administrative agencies will start, who have to not only identify the illegal immigrants but also find means of deporting them. This is a stupendous task for which our security forces would require strong political backing. The issue of illegal Bangladeshi immigration should be kept above politics in national interest so that the departments responsible for doing the job can perform their duty dispassionately and without giving a political or communal undertone to the issue.

(The author can be reached at anandkrai@yahoo.com)  

Source: http://www.saag.org/common/uploaded_files/paper1484.html