ASSAM

 On Supreme Court’s Verdict On IMDT Act-II

Noorul Huda

TILL now no authoritative assessment has been made about the exact size of illegal migrants from Bangladesh to states like Assam, West Bengal, Tripura etc. For example in Assam, the estimated number of such illegal migrants from Bangladesh who have entered the state after March 25, 1971 (birth of Bangladesh) varies from 6 lakhs to 70 to 80 lakhs. Neither do we know whether any official estimate can be made about the size of illegal migrants in the foreseeable future. Moreover, the apprehension expressed so far about the size of Muslim infiltration from Bangladesh to Assam is purely speculative because there is no proof or evidence to suggest that the majority of those who have entered Assam surreptitiously from Bangladesh belong to the Muslim community. In Assam, there are entry points in three border districts, viz Karinganj, Cachar and Dhubri which are utilised by the infiltrators to sneak into Assam. Except for hardcore Islamic fundamentalists in our country, Indian Muslim families, by and large, are mortally afraid to provide shelter to illegal Muslim migrants from Bangladesh for fear of reprisals from the police, BSF and other law enforcing agencies. It is also not true, that the illegal migrants have occupied vast tracts of land in the borders or near the border which poses danger to national security because of the simple fact that the three borders between Bangladesh and Assam are being inhabited by genuine Indian citizens, both Hindus and Muslims for long years and the same borders are constantly checked and inspected by the BSF and it is inconceivable that new and fresh illegal migrants can settle down in such border areas.

The statement that unabated influx of Bangladesh migrants has perceptibly changed the demographic pattern of Assam adversely affecting its language, scripts and culture and that the local Assamese speaking people are in danger of being reduced to a minority in their own state, are not borne by facts. Because in spite of the fact that the increase of Muslim population in Assam during 1971-1991 has been recorded as 77.42 as against 41.89 for Hindus the overall growth of Muslim population between 1951-1991 has risen from 24.68 to 28.42 i.e. the increase in Muslim population in 40 years is 3.74 which cannot be called phenomenal. It should also be noted that during the period 1951-71, ie in 20 years, the increase in Hindu population in Assam was 70.88 as against 69.34 for Muslim ie almost identical.

Surely the causes of phenomenal growth of Muslim population in Assam between 1971-91 should be properly studied and analysed but why so much of apprehension and hue and cry for rise of 3.74 among Muslim population in Assam in 40 long years? The services of a competent mathematician need to be utilised to calculate as to how many centuries it would take for Assam to become a Muslim majority state at the above rate? Except for Jammu & Kashmir there is no possibility of any other state in India to become a Muslim majority state. Moreover, it is common knowledge that during the years between 1920 and upto the beginning of World War II i.e. 1939 under British rule much before partition, a big chunk of Muslims had migrated from undivided Bengal to Assam. In fact they were invited by a section of Assam’s leadership of the time for development of agriculture in Assam and all of them settled down in Assam by accepting Assamese language scripts and culture as their own. In spite of all these facts, how come, 40 to 50 years after independence a big hue and cry has been raised that local Assamese people would be reduced to a minority and that there is a big danger to the existence of Assamese language script and culture. At the moment there is no such danger because Assamese language, script and culture are flourishing in Assam. In government employment, Assamese people along with tribals are in great majority. It is altogether different matter that since 1995-96, there is a ban on employment, huge number of schools, colleges, engineering medical, law and other higher educational institutions are catering to the needs of Assamese speaking people. If we take into account the number of Assamese vernacular dailies and periodicals published from capital city of Guwahati, they are surely comparable to the Bengali dailies, weeklies and other periodicals from West Bengal’s capital, Kolkata. The fears and apprehensions of certain quarter about the danger to Assamese language script and culture are therefore completely baseless. On the other hand the Assamese people still constitute more than 50 of Assam’s population of 2.90 cores (2.66 crore in 2001)

BOGEY OF GREATER BANGLADESH

Petitioner Mr Sarbananda Sonowal’s affidavit also states that since three districts in Assam have become Muslim majority the entire state in due course of time, will turn into Muslim majority and in that event it will fall into Islamic fundamentalists design of being absorbed in Greater Bangladesh. Even if we concede that some lunatic fringe of Islamic fundamentalists might have raised in the past or may raise the slogan of Greater Bangladesh in future, by absorbing “Muslim majority” Assam state, can we ever conceive that now or anytime in the 21st century, the dream of such Islamic fundamentalists would be realised in the teeth of ten times stronger Indian nationhood and its Muslim constituents and its army would meekly surrender to this dream of Islamic fundamentalists? Some interested section of our politicians and the media are unnecessary raising this bogey of Islamic fundamentalists design.

It is also sheer fabrication that some political parties in Assam or Bengal are encouraging or even helping the illegal migrants from Bangladesh to enter our country in large numbers with a view to creating vote banks in favour of such parties so that they can reap rich dividends during elections to the state legislatures and in the Lok  Sabha. Is there an iota of truth behind such allegations? If so, why not name the parties and their leaders expose and condemn them during election campaign or in the legislatures as well as in the Lok Sabha? These are figments of one’s imagination and they should be rejected   outright.

Sarbananda Sonowal’s affidavit also contains the view that Pakistan’s ISI has been active in Bangladesh supporting militant movement in Assam. It is surely a correct statement but strange enough, neither AASU nor AGP nor the Governor Lt, Governor S K Sinha has a word of condemnation for those extremist outfits like ULFA, PLA and other NE insurgents who have since long, taken shelter in Bangladesh with the active support of present Bangladesh government which include Islamic fundamentalist organisations which again maintain close links with ISI and possibly CIA. Can these activities of insurgent groups be condoned? Are they not indulging in anti-national activities—what do these eminent personalities have to say about this development? The next sentence in Mr Sonowal’s affidavit contain the statement that Muslim militant organisationas have mushroomed in Assam --- which is farthest from truth. May be once in a while some newspapers have published the names of such militant organisations but during the last eight years we have not come across any seriously damaging and harmful activities of Muslim militant organisations such as attacks on police and paramilitary forces, killings extortions attacks on public institution etc. In the absence of such activities how can one claim that Muslim militant organisations have mushroomed in Assam?

 Now after striking down of IMDT Act 1983 by the Supreme Court for which no tears have been shed by any responsible party or organisation including Assam’s minority organisations except that the utterly wrong, incorrect and one-sided averments and pleadings contained in the affidavit sworn by Mr S Sonowal were not properly and effectively rebutted by the learned senior counsels engaged by Union of India and the Assam state government. It is very clear that both the centre and the state exhibited extreme callousness in the matter of fighting the case and they miserably failed to brief the counsels in an adequate manner.

The Supreme Court after scrapping the IMDT Act have ordained that all cases pending before the tribunals under the IMDT Act 1983 shall stand transferred to the Tribunal constituted under the Foreigners (Tribunals) Order 1964 and shall be decided as per provisions of Foreigner Act 1946. The authorities concerned may initiate fresh proceedings under the Foreigners Act against all such persons whose cases were not referred to the tribunals by the competent authority. All appeals pending before the Appellate Tribunal shall be deemed to have abated.

It is to be remembered that the principal difference between the two Acts viz IMDT Act 1983 and Foreigner’s Act 1946 lies in the fact that the onus of proof in the case of IMDT devolves upon the complainant whereas in the case of Foreigners Act, the same devolves upon the person complained against to prove that he or she is a citizen of India and not a foreigner. It is for the government of India to examine and ensure that suitable previsions exist in the Foreigners Act to protect genuine Indian citizens from any harassment during enquiry or trial stage. Secondly it has been agreed to by all political parties as well minorities organisations that once the National Register of Citizens (NRC) in Assam is brought upto date as per electoral rolls of March 1971, which may take two years provided both the central and state governments and all political parties and concerned mass organisations make a sincere and determined effort to complete the preparation of NRC at the earliest there will be no cause for worry and in that case no Indian citizen will have to face any difficulty or harassment.

Given the goodwill, amity and friendliness which exist among millions of Indian citizens living in Assam for generations, one sincerely hopes that the problem of illegal migrants from Bangladesh to Assam and the northeast would be solved without delay and once for all. The central and the state government as well as all political parties and concerned mass organisations have to strive hard to fight against all kinds of communal and divisive forces so that, peace and tranquillity is firmly maintained in the state.