Politics of Immigrationg Resentment and Threat to National Integrity: A Political Discourse on Assam" India C J Sonowa/*
The formation of a nation state always qualifies with the adiustment of smaller nations (state) at the local level. The history of the nation building process shows that such adiustment is most~ if not always, signified by the sacrifice of a smaller nation's political autonomy, traditional social control system and several cultural components including language etc. There appears a power center within a nation state that usually represents the numerically dominant population group which very often tries to impose its ideology and notion and vision on other smaller nations as a mainstream ideology of the nation state in building. The nation building process in India has witnessed several incidents of protest or assertions from smaller nations for various causes. Sometimes these assertions were successfully adhered to and many times they were also turned down. Secessionism and violent political movements have been a part of the political scenario in North-East India for quite a long time. Assam, one of the seven states of the North-East region of India, has been experiencing the same situation too. But these violent movements had a very logical and non-violent origin and imprudent political treatment has made it a big issue nov" This paper tries to revisit the events that helped the growth of discontentment and distrust between the state and people which gave rise to the endless political turmoil and also created the notion of a separate national entity within India.
Introduction The State's policy and perception and outlook of people within it may not always be convergent. The State, while taking a wider perspective of any issue, may at times enter into conflict with people's interest at different levels of interaction. This situation quite often appears in countries where decentralization of political decision-making process is not perfectly balanced. the imposition of arbitrary laws (as perceived by people) framed by the center on the subordinate units (states) many a time creates political crisis. The history of social and ethnic movements tells us about the mild to violent political assertion of different ethnic or community groups across the globe which have a genesis in accumulated dissatisfaction of concerned people over a period of time. This has been very much evident in a pro-democratic situation where a nation Assistant Professor and Assistant Registrar, Center for Studies of Social Exclusion and Inclusive Policies, Toto Institute of Social Sciences, Mumbai, India. E-mail:
[email protected] © 2009 The Icfai University Press. All Rights Reserved.
state is in the making. A prolonged dissatisfaction and restlessness shrouded with state apathy and coercive suppression may lead to the emergence of unhealthy and undesired phenomena which may have some crucial impact on state policy and administration and people at large. This paper tries to establish and explain such happenings in the state of Assam, a state in the North-East corner of India, with reference to some prolonged tussles between the people and the state. For the purpose of the paper, the instance of historic Assam agitation on foreigners issue has been discussed in detail to show how politically myopic strategies to tackle popular demands of people can give rise to some socio-political elements that have a long standing and far-reaching impact in national politics as well as in the socio-economic arena. The paper also tries to delineate the direct and indirect consequences of the agitation in the socio-political domain of the state that has become a cause of concern to all. This paper tries to draw attention to how and why the undesired outcome has surfaced in the state after the Assam movement on foreigner's issue. It is possible that the paper might be labeled as biased at certain points as it depicts the insider's view on the event, but it bears factual points for consideration. For a precautionary measure, it is emphatically stated that a good deal of information regarding demographic structure, views on legality or authority of state (Indian Union) and perception over certain events or acts are mentioned hc~o in the same spirit as they were readily available and flourished in the state during the days of the agitation. It is needless to say that people were emotionally influenced with those information and citation irrespective of their authenticity or logical backwound. The aim or this paper is neither to verify the point of view of legality and authority of some entity over the others nor to justify whether these events were right or wrong. The basic aim of the paper is to show simply how such concepts and perception, information, acts and incidents could influence people at large and give rise to a supposedly politically correct notion among people about something and give rise to many political hazards creating a threat to the very basic processof nation building and creating a generation that rears hatred towards so called mainstream national identity.
Assam Delineated Assam Within india Assam, a state as we now know, never existed in the pre-colonial era. The eastern part of the present day Assam came under the rule of the Ahoms in the early part of the 13th century AD. The Ahoms, a Tai-Shan group of people, ruled the present day eastern part of Assam for 600 years. Before the advent of the Ahoms, the history of Assam was not known clearly. It is worth noting that there is mention of influence of Hindu cultural traits in lower Assam along with the mention of Hindu and tribal Kings in the inscriptions of different kinds. Almost parallel to the Ahom dynasty, there 52
The Icfai University
Journal of International
Relations, Vol. III, No.2,
2009
flourished the Koch dynasty in lower Assam. The Koch kingdom, at its peak, encompassed entire lower Assam, some part of present day Bengal (northern part) and a part of present day Bangladesh. In 1581, the Koch kingdom was divided into two parts. The western part became Koch Bihar and the eastern part became Koch Hajo. Between 1609 and 1613 AD both the Koch kingdoms became the vassal of the mighty Mughals. Thus, a major part of the present day Assam came under British rule following the Mughal Emperor's Firman of August 12, 1765 AD (Barpujari, 1992; and Sarkar, 1992). The Ahom kingdom, the present day upper Assam, was annexed to the British Empire when the British army defeated the Burmese army who entered British territory in order to plunder Assam. Following the defeat of the Burmese army a treaty was signed between the Burmese King Ava and the British ruler oJ Yandabo in 1826.1 Assam, as a colonial province or chief commissionership was formed in 1874. Prior to that the British ruled Assam as an "appendage of the unwieldy province of Bengal" (Gait, 1906). On September 12, 1874 the district of Sylhet (now in Bangladesh) was incorporated into Assam. A number of other territories were incorporated into Assam, like the Lhota Nagas in 1875, the Angami Nagas in 1878 and the Ao Nagas in 1889 and also the Lushais (Mizo) in 1898. Thus Assam's boundary was created solely on administrative interest. There was never any argument in the line of historical or cultural continuity. Moreover, the name 'Assam' was about to be removed while coionial administration decided to combine Assam and eastern Bengal into a single province in 1905. But the decision was protested by an Assamese civic organization called Assam Association (Bhagowati, 198Y) and very strongly by the British tea industry (Bhattacharyee, 1993). As a result, the name and the state of Assam reverted to its former status in 1913. Assam was upgraded into a governor's province in January 1921, according to the Government of India Act of December 1919. Thus the boundaries of British Assam obviously do not coincide with those of pre-colonial Assam in a politica!, cultural and economic sense (Government of Eastern Bengal and Assam, 1907). Assam, one of the seven states of North-East India, had experienced political turmoil over the issue of illegal migration and subsequent demand for detection and deportation of such migrants from the state. This historic event opened up hitherto inaccessible political problems of oppression, deprivation and quest for better political status. The most far-reaching effect of so perceived indifference and neglect by 1
i
The treaty consisted of 1 articles. Among them Article 1 says that there shall be perpetual peace and friendship between the Honorable Company on the one part, and His Majesty the King of Ava on the other. Article 2 says his Majesty the King of Ava renounces all claims upon, and will abstain from all future interference with, the principality of Assam and its dependencies, and also with the contiguous petty States of Cochar and Jyntia. With regard to Munnipoor it is stipulated, that should Ghumbheer Sing desire to return to that country, he shall be recognized by the King of Ava as Rajah thereof. Cited from Aitchison C U (Ed.) (1931), A Collection of Treaties, Engagements and Sanads: Relating to India and Neighbouring Countries, Vol. XII, pp. 230-233, Government of India Central Publication Branch, Calcutta.
Politics of Immigration, Resentment end Threat to Notional Integrity: A Political Discourse on ,A.ss~m,India
53
-mainland politics was the birth of militant groups in the state, namely the United Liberation Front of Assam (ULFA), National Democratic Front of Bodoland (NDFB), etc. It has been widely spoken at the regional level, if not at the national level, that emergence of such political assertion has been their ground in long standing political history of the state. Some of these perceptions and analyses can be perceived as having genuine credentials while some of them are politically motivated looking for a favorable response from people concerned.
The Points of Separate
Identity
There have been several epoch making events in the administrative and political history of Assam which, in later age, have become the threshold of argument regarding the widening gap between the Indian Union and the state of Assam. Some of those prominent arguments are discusser;;!below: One group of political fraternity in the state doubts the goodwill of central political entities of pre-independent India when most of them approved the proposal to annex Assam with erstwhile East Pakistan. It is well known that only due to strong opposition of a few Assamese political leaders the state could remain as a part of the Indian Union. Thus, quoting this incidence, the follower of this group logically questions the authenticity or legality or Indian Union's claim over the matters of the state. The next widely talked about event was the Chinese aggression in 1962 in North-East India. It has been widely believed that the Indian government literally surrendered this territory to the Chinese aggression and the then Prime Minister Pt. Nehru aired his speech in All India Radio (AIR) saying that his heart went with ·~hepeople of the North-East (Assam). Certainly, it was the international pressure that made the Chinese to retreat and a fleeing Indian army took hold of it again. This incident, too, gives an opportunity to point out against the legality of logical authority of the Indian Union to decide the fate of the people in this territory. A group of political literature even goes beyond that boundary. It questions the legality of transfer of political authority of the state from Burmese King to the British through Yandaboo treaty in the year 1826. This source says that the Burmese King never ruled Assam. Its army invaded the state for a limited time period destroying and plundering the social and political life of the people in the state. The Ahom King, the dynasty that ruled the state for 600 years, sought help from the British to push back the Burmese army. It is said that the British never occupied Assam in the real sense and the treaty was also not signed by the rightful ruler of the state. Thus, a more ambitious group says that the legacy of inclusion of Assam, or the North-East states as whole into the Indian Union from British occupancy, too, was an illegal and colonial act of political aggression. There has been a widespread controversy over the national anthem of the country as not even a single entity of the entire North-East region gets mentioned in it. The anthem limits the eastern border of the country to Bengal whereas most other parts 54
The lefai University Journal of International Relations, Vol. III, No.2, 2009
of the country get mentioned in one or the other way. For obvious reasons when people from the North-East sing it, they definitely feel that they are singing a song that describes the others and certainly not them. People find no logic in standing up and singing the Jana Gana Mana, the pride of the other people. This may sound erratic, but the truth is the truth and no one can stop such feeling and it has to be accepted. A section of people believe that there was, and has been, a good opportunity to add at least a regional entity in the anthem to show that the good willed mainland politics is with the people of this region.
The Problem Setting The Extern(J! Aggressi@n
in the
F@rm of megal
Migration
Illegal migration from Bangladesh into Assam should be viewed against the backdrop of past history, present realities and future designs. Migration into Assam has been taking place from the dawn of history. However, after the British annexed Assam in 1826 AD, large scale population migration from Bengal and erstwhile East Pakistan (and now Bangladesh) has been an ongoing phenomenon for over a century. Initially, this movement was for economic reasons only, but subsequently it started developing both communal and political overtones while the country was nearing independence. The colonial tea planters encouraged Bengali Muslim peasants from present Bangladesh to move into Lower Assam for cultivation to supplement food requirement to the increased population of tea garden laborers who were basically hired from eastern and central Indian regions. With Constitutional reforms, the country started advancing towards parliamentary democracy based on a number game. The Muslim League came up with its demand for Partition on the basis of religion. This added a new twist to this population movement. During Sir Mohammad Sadulla's Muslim League Ministry,2a concerted effort was made to encourage the migration of Bengali Muslims into Assam for political reasons.3 During the period between 1939-1941, the Sadulla Government allotted one lakh bighas of land in Assam valley for the settlement of East Bengal immigrants.4 He ignored the protest of Assam Congress leaders like Bishnuram Medhi and others on the plea that the Muslim exodus from Bengal to Assam was necessary for the successof 'Grow more food' scheme in the state. Lord Wavel, Viceroy of Indio fin the Viceroy's Journal, London Publication, December 22, 1943 said: " ...The chief political problem isthe desire of Muslim Ministers 2
3
4
In 1937 elections to Central and Provincial assemblies under the 1935 Act (India) were held and the Congress won majorities of seats in six provinces. In Assam, Congress got 33 out of 108 members. Though Congress high command was against coalition government, at the behest of Sardar Patel, a coalition ministry was formed in Assam headed by Gopinath Bordoloi. But the Congress ministe~s resigned from the ministries in 1939 on ground that the government had not taken it into confidence before involving India in the Second World War. Bythis act, the Congress gave way for Muslim League to form ministries in Assam and Sir Sadulla formed a League ministry there. Report on illegal migration into Assam by (Lt. Gen. (Retd.) S K Sinha, PVSM) Ex-Governor of Assam, November 8, 1998. Cited from Political History of Assam, Edited by A C Bhuyan and Shibopada De, Vol. III,Publication Board of Assam, 1999, p. 262.
Politics of Immigration, Resentment and Threat A Political Discourse on Assam, India
TO
National In'regrity:
55
of Assam to increase the immigrations into uncultivated government lands in Assam under the slogan of 'Grow more food' but what really is to 'Grow more Muslims'.s With large-scale settlement of alien immigrants following the installation of the Saadullah Government, All India Muslim League (AIML) established a tremendous influence on the Muslim population of Assam, who later aggressively supported the demand for Pakistan. After the 1946 general election, Bordoloi again headed the Congress Government and took a firm and tough stand for eviction of immigrants. Alarmed with the eviction plan of Bordoloi, AIMllegislators' Convention held at Delhi in April 1946, demanded inclusion of Assam in Pakistan and strongly opposed the eviction plan of immigrant Muslims. Abdul Hamid Khan, popularly known as Maulona Bhasani, a volatile league leader, was deputed to execute the AIML plan to turn the non-Muslim majority state of Assam into a Muslim majority state. Meanwhile, Jinnah came up with the demand of the league for inclusion of Assam in proposed Pakistan. It was visualized that Pakistan would comprise Muslim majority provinces in the West and Bang-e-Islam comprising Bengal and Assam, in the East. The Cabinet Mission Plan placed Assam in Group C with Bengal. The central leadership of the Congress party had virtually made up its mind to give up its claim over Assam and Bordoloi had to run from pillar to post and convince Mahatma Gandhi whose intervention could only save Assam from going to Pakistan. Partition gave rise to an international border between Assam and erstwhile East Pakistan. The population movement from cast Pakistan continued but it wes initially mostly of Hindu refugees, fleeing from religious persecution. While in the West refugee movement lasted for a few months only, in the East this continued for several years and is still continuing. It is worth noting that the illegal migrants from Bangladesh into Assam are now almost exclusively Muslims.
Contributory
Factors
©if
Migration
Illegal migration from Bangladesh has been taking place primarily for economic reasons. Housing a hopping 969 people per square kilometer, Bangladesh is one of the world's most densely populated countries. Flood affects a large part of its population every year forcing nearly 60% of the population to live below the poverty line. The border between India and Bangladesh is very porous. Till recently there was no "No Man's Land" between the two countries.6 Quite often it was a few inches tall small pillar that separated the two countries. Being attached as a single domain of British administration there existssimilar ethnic, linguistic and religious commonality along the border. This has catalyzed illegal migration and many people on Indian side of the border enable them to find shelter. It has been a general belief that certain political parties have been patronizing the illegal infiltration for the want of secured vote bank in the state. These immigrants also emerged as cheap laborers for which people of the other side accepted them on need basis. Recent reports in local news papers reveal a lot of shocking facts about illegal migration. These include, the 5
Cited from Politics of Migration by Manju Singh, Anita Publications, Jaipur, 1990, p. 70.
6
Many reports and photographs of Indo-Bangia border was published during and after the Assam agitation
56
The Icfai University Journal of International Relations, Vol. III, No.2, 2009
involvement of political agents at the border, the Border Security Force (BSF) personnel. The border fencing shows its inability to stop infiltration. The Bangladeshis caught in different parts of the state reveal in court how they have been helped by a particular political party to settle down.?
The Statistks
of Migrants
According to the National Census of 2001, the Muslim population in the North-East Indian state of Assam is 30.9% out of a total of 26.6 million. The latest figures demonstrate that the proportion or growth of the Muslim population in Assam, in comparison with other religious communities, is second only to Jammu and Kashmir (67% Muslims). Among the critical elements made public by the Census authorities is the fact that six of Assam's 27 districts have a majority Muslim population. The district of Barpeta tops the list with 977,943 Muslims and 662,066 Hindus. The six districts where Muslims constitute a majority are Dhubri (74.29%), Goalpara (53.71 %), Borpeta (59.3%), Nagaon (50.99%), Karimganj (52.3%) and Hai!akandi (57.6%).8 There is also a part of the Muslim population who have by now become a part of indigenous Assamese population as they came to this land long back in history, during and before the Mughol period. They are basically the inhabitants of Dibrugarh, Sibsagar, JOihat, Golaghat and Kamrup Metro district. Their population growth rate has been found more or less similar to that of the Assamese population in the state. This has made a strong point that the unusual growth of Muslim population in some districts is linked to illegal migration. This demographic feature has reaffirmed the fear of the people of Assam of becoming a minority and subordinate in their own land. There is a counter view to the perception of unnatural growth rate of the Muslim population in the state. It advocates that the size of the Muslim population between the census of 1941 and that of 1951 shows 18% fewer Muslims in Assam at the end of the decade in 1951. This was due to a large-scale exodus of migrant Muslims to East Pakistan following the post-Partition communal riots in 1950. This event of departure of a section of population was mentioned in the census report of 1951. In 1950, the Nehru-Liaqat Khan Pact9 was signed. According to this Pact, the Indian and Pakistani governments guaranteed freedom of movement and protection in transit for those displaced by communal disturbances of the time. Similarly, the migrants were to be given protection for their safe passage home, and rehabilitated Pratidin (Assamese
7
Axomiya
8
Census of india 2001.
9
DailY;, Assam Tribune, ete.
The Liaquat-Nehru Pact was signed by Pakistan's Prime Minister Liaquat Ali Khan and Indian Prime Minister Jawaharlal Nehru in New Delhi on April 8, 1950 following the state of tension that had arisen between India and Pakistan in East Pakistan (now Bangladesh) after economic relations between the two countries had been severed in December 1949. An estimated 10,00,000 people-Hindus from East Pakistan and Muslims from West Bengal-crossed the borders during 1950. According to the agreement, the governments of India and Pakistan solemnly agreed that each shall ensure, to the minorities throughout its territories, complete equality of citizenship, irrespective of religion, and a full sense of security in respect of life, culture, property and personal honor. The pact also provided for the minorities to participate in the public life of their country, to hold political or other offices and to serve in their country's civil and armed forces.
Politics of Immigration, Resentment and Threat to National A Political Discourse on Assam, India
integrity:
57
if they returned before December 31, 1951. This pact with "special provisions for restoration of rights of immigrants over their properties if they would choose to return not later than the December 31, 1950" rather facilitated the Pakistan Government to accelerate infiltration. The Pact, which validated the entry of immigrants up to December 31, 1950, was against the spirit of Immigrants (Expulsion from Assam) Act 1950 enacted by the' Parliament on February 13, 1950.10 It is said that the Congress leadership applauded the increase of Muslim immigrants as a godsend opportunity to consolidate the 'Muslim vote banks' and accordingly ruled Assam without any break for 30 years. Following the Nehru-liaqat Pact of 1950, a lot many people returned to Assam but they were left un-enumerated in the Census of 1951 due to their absence. Meanwhile, a huge number of Hindu-Bengali and Garo-refugees fled from East Pakistan to Assam in the period between 1951- 1971, and they too were left out from the census and electoral rolls. Those people coming back from East Pakistan got enumerated in the 1961 census along with the other fresh refugees and this resulted in a sharp growth in the population-especially in lower Assam.
State Initiatives in Preventing Infiltration Assam has a 262 km border with Bangladesh out of which 92 km is river. For the first few years, unrestricted trans-border movement continued in this sector. BengaliHindu refugees from East Pakistanfleeing from their homes poured across the border, seeking asylum. Concurrently' Bengali Muslims too continued to come across the border for economic reasons. The Government of India evolved the Prevention of Infiltration from Pakistan (PIP) scheme, which came into operation in 1964. Official records show that as many as 159 Watch Posts, 15 Patrol Postsand 6 Passport Check Postswere set up to check infiltration. In the early 1960s, the Government of Assam, under the leadership of Congress Chief Minister Bimala Prasad Chaliha, launched an aggressive campaign to flush out the im~igrants, who settled in Assam since January 1951. He even disregarded Prime Minister Nehru's plea to go slow on the issue. Chaliha refused, saying that the problem was so critical that Assam's demography and culture would be permanently changed. The Chaliha Government armed itself with Prevention of Infiltration from Pakistan (PIP)Act 1964 and pursued the campaign. However, 20 Muslim MLAs in the Government threatened to topple his ministry if he does not stop deportations. Chaliha had to succumb to this pressure and the PIP Act was put in cold storage.ll After the 1965 war with Pakistan, the BSFcame into being and responsibility for guarding the border was taken over by them. But neither the BSFon the border nor the Border Organization in the interior could prevent large-scale illegal migration from 10
11
58
Cited from Assam Issue, The Biginning-The End-The Beginning by Vijay Kumar Dewan, United Publishers Guwahati, 1985, p. 34-35. Cited from Rites of Passage by Sanjoy Hazarika, Penguin Books, 2000, p. 60. The Icfai University Journal of International Relations, Vol. III, NO.2, 2009
Bangladesh as the border was very porous and the illegal migrants believed to enjoy political patronage.
The Spark that
Ignited the flame
The Chief Election Commissioner, S L Shakdher in 1978 expressed his worry about the high rate of population growth in the state (34.43%) in 1961- 1971 decade. He attributed it to the large-scale illegal migration from nearby Bangladesh. He also expressed his concern over the demand of certain political parties to enter the names of such migrants in the electoral roll without properly examining their citizenship status. A few months later a by-election was to be held at Mangaldoi in which there were complaints about 70,000 illegal migrants figuring in the voter's list. The people in the state at the behest of leadership got convinced that a large-scale illegal migration had been taking place and this sparked the anti~foreigner's movement in Assam.
The Extent of the Movement The Assam movement was a huge mass movement in terms of participation of people from a large stratum of society. Though the movement was lead by student unions, it had a strong mass appeal and support. Almost every weapon used by the father of the nation, Mahatma Gandhi, was also experimented in the movement. In its six years the movement faced stern action from the state machinery. Impositions of 144 Act, curfew, general bon, collective fines etc., were the common criteria to suppress the movement. In every event of protest, numerous students and agitating people were taken into custody, Government machineries were paralyzed except for the forceful actions of the police and the paramilitary forces. Thousands of Central ReservePolice Force (CRPFjand BSFpersonnel were deployed in the state during this period. There was economic blockade and boycott, political boycott and socia! boycott of inert political leaders and concerned party members, voluntary imprisonment of masses during strikes and protests. All educational institutes were closed for nearly a year towards the later part of the agitation. Most of such establishments were turned into the barracks of security personnel engaged in suppressing the agitation. Not surprisingly, the rightful, peaceful arid legal agitation encountered the blows of police atrocity, bullets and harassment. Besides planned killing of peaceful protesters, the people also witnessed a second Jaliwanwalabagh in Duliajan city in Dibrugarh district when the CRPFdpened fire at a peaceful gathering. They also experienced the heat of all odds of colonial laws during this period of turmoil. The story might be a history by now but it has left far-reaching impact on the people of the state.
Constitution for People or Peop~e for Constitution? The objective of the agitation was to demand the identification of illegal migrants in the state and drop their names from electoral rolls so that foreigners should not acquire tl--: right to vote. This sounds, without doubt, a very legal and rational Politics of Immigration, Resentment and Threat to National A Politico! Discourse on Assam, India
Integrity:
59
demand of every good and patriotic citizen of a country. But there appeared the constitutional straightjacket as a villain. The agitation attracted the so-called constitutional crisis and a general assembly election was inevitable in the state in the late 1979. But the agitators, the people of Assam, were not ready to accept it as they did not want a government elected by foreigner participation. Thus, there was a stiff opposition from student unions. At places, the student agitators tried to stop the political leaders from filing nomination paper for the upcoming election. As has been widely believed, this conflict laid down the life of the first known marlyr of the agitation-Khargeswar Talukdar of Bhabanipur, on December 19, 1979. It was said that the super-cop K P S Gill and his troop killed the 13-year old bare hand student who, with his fellow students, offered stiff resistance in a peaceful manner to stop a candidate Begum Abida Ahmed from filing her nomination paper. The unfortunate side of the story was that the candidate was the wife of ex-president of India, late Fakhruddin Ali Ahmed, whose being elected as President of India was celebrated in schools and colleges across the state with great cheer, as he once happened to be a resident of Assam. This viol~nt act of state machinery to protect the sanctity of the Constitution of India sparked the dormant hate and anger of the people of Assam and the protest became stronger and stronger. But it was just the start of state atrocity. Official count says that about 900 people lost their lives and, majority of them were young students. Obviously, the unofficial figure reveals a much higher number. Though the first attempt at conducting election with an electoral roll full of foreign citizens was terminated under pressure, the second attempt in the year 1983 was successful in the state. Most of the student leaders were put behind the bars in the wake of the event. In the height of amassed security beef-up conducting agitation was not easy. The All Assam Students Union (AASU) appealed to the people to not participate in the election. Most of the state government employees lodged non-cooperation in the electoral procedures and for that reason, for the first time in the electoral history of the country the polling and the presiding officers had to be recruited from outside the state. The Congress and the Communist Party were the two political parties that showed wholehearted interest to take part in the election. There was clear divide between indigenous Assamese people and religious and linguistic minorities over the participation issue in the election procedure. Students and youth were seen day and night campaigning and appealing to people against the election. In the absence of leaders, the movement turned into bloody activities. Fed-up with the administrative indifference and negligence over the foreigners issue, people in many places took up the job to clean up their land from presumably foreign migrants. This ignited the communal massacre in many places. In the midst of such chaos, the election was performed. While the areas dominated by illegal migrants and religious minorities witnessed casting of vote to some extent, in areas where Assamese people dominated, the voting was near nil. A report revealed that the government estimated that in 30 out of total 126 constituencies, 60
The Icfai University Journal of International
Relations, Vol. III, No.2,
2009
election could be held safely. In 78 constituencies, turn out was expected to be between 30% and 65% and in the rest it was expected to be between 1% and 30% (Shourie, 1983a). A prior secret intelligence report had calculated that the ethnic Assamesewere a minority in as many as 85 of the state's 126 constituencies (Shourie, 1983b). The effectiveness of the poll boycott could be estimated from the fact that in four constituencies there were only Congress ! candidates, in 14 constituencies election had to be cancelled as the law and order situation was totally broken down. In ethnic Assamese dominated constituencies the turn out was between 0.38% and 4.87% (Sing, 1984). It was said that there was only 5% polling on average in the state. But unfortunqtely, there was no rule in the constitution to judge the validity of any election on the basis of percentage of vote cast. Though the much hyped so-called popular blood bathed government was formed in the state, it did not last long. The Assam Accord was signed on August 14, 1985 and a regional government of Assam Gana Parishad was formed in the same year.
The Illegal Migran~ (Determination
by TrUnmai) (iMDT) Act
Formulation of the Ad The 1983 general election in Assam caused the eruption of an unprecedented violence in certain places like Nellie and Gohpur costing thousands of lives of suspected migrants who were basically Bengali speaking Muslims. It was said that on the plea of protecting genuine Indian citizens, the Illegal Migrant Determination by Tribunal (IMDT) Act was formulated in 1983 in Parliament without proper representation from Assam, as e!et::tion was not held in the state. It was quite surprising that when the entire state was boiling on the issue of illegal migration, the parliament did not feel the need of representation of concerned people of the state to introduce an Act that had~direct bearing on the people of that state.
Features • The Act provided for two individuals living within a radius of 3 km of a suspected illegal migrant to file a complaint accompanied with a deposit sum of Rs. 25. The 3 km restriction was modified and the complainant could be from the same police station area as the individual being complained against. The deposit fee had been reduced from Rs.25 to RS.1O. The police could also suo mofo initiate action. Elaborate time consuming procedures have been laid down for screening, for examination by District Tribunals and for appeal to the Appellate Tribunal. •
Proponents of IMDT maintained that unwarranted fears had been aroused about the large influx of population from Bangladesh, when in fact their number was very small. They wonted to retain this Act at all costs. They felt that otherwise, the minorities would face great hardship and harassment.
• The opponents of this Act demanded its immediate repeal, as it was a highly Politics of Immigration, Resentment and Threat to Notional A Political Discourse on Assam, India
Integrity:
61
~
discriminatory legislation applying only to Assam and not to any other state. They argue that such legislation should not have been on the statute of any sovereign State. It gave freedom to an alien to enter this country, secure in the knowledge that the country he had entered illegally, would have to prove that he was an illegal migrant to deny him citizenship. Under the Foreigners Act which applies to the rest of the country and which is in consonance with the practice followed the world over, it is for the foreigner to prove that he is an Indian national to claim Indian citizenship. The IMDT Act shifted the burden of proof on the complainant or the police, to establish that the person complained against was a foreigner. • This Act catered for an Appellant Tribunal of two retired High Court Judges, 16 district Tribunals of two retired District/Additional District Judges with supporting staff. The Border Organization of 4,000 policemen processes the cases of alleged illegal migrants. The efforts of these agencies, which cost hundreds of crores to the Exchequer,extending over a period of 15 years, had led to the identification of only 9,599 illegal migrants. Out of these only 1,454 could be deported. It was also well said that there was maximum possibility that those deportees might have come !tack again in the very same day or so utilizing nearly unprotected porous border. These statistics amply established the futility of continuing with the IMDT Act.
megal
Migrants
The concept of foreigners has got a new definition under the Assam Accord. This has shown that in the same country a foreigner can get different treatment under the law of the same country. Illegal migrants have been defined in the Assam Accord which was signed between AASU, Government of India and Government of Assam. It defined illegal migrants as those who infiltrated illegally after March 24, 1971. However, the stream that infiltrated illegally between January 1, 1966 and March 24, 1971 was not to be deported and was to be given Indian citizenship after a lapse of 10 years. It was understood that the Hindus required special consideration at the time of Partition and had to be treated as refugees, but this cannot be allowed to continue forever. Post-1971 Hindu illegal migrants cannot justifiably claim refugee status.
Supreme Ccurt of india's Observation
iOn
HMDTAd
The Supreme Court of India did strike down the IMDT Act on July 12, 2005. The basic points of the judgment and observation made are listed below. o
The infiltration of illegal migrants has been termed by the SC as equivalent to external aggression.
• The Center has not done its duty to protect Assam from external aggression due to continuance of the IMDT Act encouraging rampant illegal migration from Bangladesh. 62
The lefai University Journal of International
Relations, Vol. III, No.2,
2009
"
• The IMDT Act is unconstitutional, as it negated the mandate of Article 355 of the Constitution casting a duty on it to protect every state against external aggression and internal disturbance. • IMDT Act is the main barrier and the Act came to the advantage of such illegal migrants as any proceedings initiated against them under the said provision almost entirely ends in their favor, enables them to have a document having official sanctity to the effect that they are not illegal migrants. • The presence of such a large number of illegal migrants from Bangladesh is causing serious internal disturbances in the shape of insurgency making the life of people of Assam wholly insecure and the panic generated thereby has created a fear psychosis. &
Byenacting the IMDT Act, the Parliament had divested the Central Government of the power to remove migrants from Bangladesh, whose presence was creating serious law and order problem, which fact had been realized by the Central Government as early as 1950.
• The Act is unconstitutional, a fault under Article 14 guaranteeing right to equality as the law was enacted only for the State of Assam, whereas a more stringent law under Foreigners Act was applicable to the rest of the country. • The provisions of Foreigners Act present in the country were more effective in identification and deportation of foreigners who have illegally crossed the international border and have entered India without any authority of law and have no authority to continue to remain· in India.
The Ref;edicms Perception
After Assam Agitation
Much has been talked about the six years long Assam agitation on foreigner's issue which persisted between 1979 and 1985. The genesis of this mass agitation has been depicted in many books and articles across the country. Now, the event has become a memory for thousands of agitators, sufferers and dreamers of a golden Assam. But recent verdict of Honorable Supreme Court on the controversiallMDT Act has forced open some unresolved reflections of thousand minds in the state. Some of those can be mentioned as follows: • How could a definition of foreigners differ in the state of Assam from the rest of its counterparts? • How could the interest of a nation state (India) come in conflict with its bona fide citizenswho wanted illegal migrantsfrom a foreign countryto be pushedoff legally? • How could the state machinery kill the bona fide citizens to protect the illegal foreigners who migrated to such an extent that the highest court of the country had to define it as 'External Aggression'? Politics of Immigration, Resentment and Threat A Political Discourse on Assam, Indio
to Notional
Integrity:
63
~
o
o
In a so-called democratic country like ours, how could a discriminatory Act like IMDT be imposed without a proper representation from the concerned state? What is the practical implication of "politically equal representation paradigm" of the constitution in the light of contemporary parliamentary politics where the number of MPs is given value over the sentiment of the people of a smaller state (obviously not with big number of MPs)?
• How could political interest subside the logical and legal interest of people in a country? The above noted are some of the reflections of insiders developed during and in the aftermath of the six years long movement, which experienced retaliation of state machinery and political turmoil. To look into the history of the movement we first peep into the problem of illegal migration into the state of Assam. The people of Assam heaved a sigh of relief only to console themselves that at least the Supreme Court oT the country has realized the truth and legacy of the movement by striking down the Act. But by that time it was too late to repair many sufferings and ideas. Besidessuch political deprivation, there are several reasons for the people of Assam to feel the negligence and indifference shown by the central government and politically others in due co~rse of time. Some oTthese reasons are given below: ' Vne
Economic
Front
It is quite often quoted that Assam is famous for its tea industry, natural resources like oil, coaC forest, water resources, and fertile land and so on. Contrary to this, the insider's feeling is totally different. The tea industry has nothing to do with the sons of the soil, as it is the roll over asset of the British to the capitalist Indians where even the wage laborers were hired from outside the state leading to a demographic and political mismatch in the state. it has been very often argued that the tea barons evade the proper due taxes and revenues to the state and they hardly do any developmental work in the state. The state could not get a full-fledged tea auction center (whic.his in Kolkata) even after the long six years agitation, though it produces a major part of the tea in the country for which the state looses a huge amount of revenue every year. The oil and natural gas found in the state is a property of the central government and the royalty given to the state was impaired. Possible ancillary industries based on oil sector did not develop in the state. People remember agitating for a full-fledged high capacity oil refinery in the sTate. But they' also sadly remember the discrimination done when the high capacity refinery was planted at Barauni, in the state of Bihar, extracting the crude oil from Assam and presented a puppet refinery in Bongaigaon. The new refinery at Numaligarn is the by-product of the six years long Assam movement. On the education front, the establishment of universities in the state was the result of the hard endeavor of iocal enthusiastic people:. The establishment of central universities in recent years is also the product 64
The idai University Journal of International Relations, Vol. Iii, No.2, 2009
._---_
........•..••.
_--------
- -- -----~-------------------~~--
of the six years long Assam agitation. Available water resources are proving to be a curse for the cultivators in the state due to lack of planning and management. The state has the tradition of receiving whatever they have today only after a prolonged agitation, sometimes sacrificing their lives too. Not to mention, on the industrial front the state is nowhere to be seen.
Political
Front
The people of Assam perceive, on the basis of the six years long agitation, the retaliation of state machinery, the response of parliamentary politics and lastly, the Supreme Court verdict on IMDT that the politically others treat them as second class citizens within the country. The state so far is unable to make a mark in political representation. The state initiatives do not create any favorable environment to build-up national integrity. History reveals that the state machinery could ban negative physical activity in the name of integrity and sovereignty but it could not stop the emotional feelings of people who suffered in one or the other way. Many a time people find that the present political paradigm does not pay attention to the humanitarian part of a nation building process. It has been manifested in the attitude of state machinery. While the Constitution and rules are made for the betterment of people, the state machinery treats people as if people are made for the Constitution. The right of bona fide citizens to demand for a secure life has been curtailed and destroyed in the recent instances. It was also evident that in the name of power politics, the concept of peoples' representation was subsided, making the very basic of the constitution unwarranted. The dictatorship of the state has well surfaced in this event. There are many more instances where we can see how the nation building process is, to some extent, incomplete and ill directed. History reveals that prolonged suppression, discrirrination and deprivation always lead to a new identity formation among the so-called oppressed inculcating negative feelings among them. Against the backdrop of the Assam agitation one may look into the political metaphors like patriotism, nationalism and national interest, militancy and insurgency etc. To start with, the eventful Assam agitation was never recognized by the politically others as a lawful protest. At best, it was grossly a peaceful movement till 1983's forceful imposition of Legislative Assembly election. The demands made by the people were also logically forwarded for the national interest. For the agitators, a foreigner was a foreigner and to be treated in the some manner everywhere in the country. An agitation or demand for the repulsion could never be an anti-national move. But sadly enough, it was treated so. Now, the illegal Bangladeshi migrants have panicked the central administration as many states have experienced its heat. Anti-nationa! and antisocial activities are found closely associated with these migrants. Cross border terrorism has changed its route and finds Bangladesh a new bypass. This would not have been the case if the then government looked into these matters prudentially. The porous border between these two countries, the cultural and Politics of Immigration, Resentment and Threat to National A Political Discourse on Assam, India
Integrity:
65
linguistic affinities with some neighboring states has made illegal migration an everyday business. The so-called humanitarian ground for sheltering Bangladeshis always had a political calculation which has grown into a huge and unmatched law and order situation in the countr/. This situation was well perceived during the Assam agitation. Now, when the Supreme Court verdict and most of the political fraternity support the identification and deportation o·fillegal migrants, the question arises as to why the real patriotism of the people of Assam was not recognized? Why these many young and patriotic souls had to sacrifice their lives in the hands of those who were responsible to save the life and property of the people of the country? Who has given such power and authority to the state to negate the lawful mass appeal and demolish it brutally? Has the political fraternity or the state the right to do so? Who defines patriotism and who defines welfare and on whose behalf? Whose interest is the so-called national interest? The answer to these questions is not very pleasant for India's national integration, especially in the North-East region. The regio~ had experienced secessionistmovement prior to the Assam agitation-in Nagaland, Manipur and Mizoram. Being the remote hilly and inaccessible areas, most of the real ground stories did not come up to the people of the rest of the country. The region is still blacked-out in terms of media coverage at the national level. There is hardly any media group that flash news on North-East states until it is a politically influenced one. This remains a ground reality.
The Consequence Breeding
of Militancy
Assam was basically a green valley intertwined with peace and brotherhood. The Assam agitation has uncovered the darker side of administrative negligence and inhuman behavior of mainstream politics towards the people of the region. It also made people feel that the country hardly suffers if the region bleeds. The only interest of the central administration is the resources like oil, gas and tea etc. Above all, the region is a security shield and a drill ground for security forces to save its mainstream eastern border. The first militant group, the United Liberation Force of Assam (ULFA), flourished in Assam under a situation where all these negative perception breed in. The militant group found its shield under the sub-national momentum of socio-political and economic situation of people in the state when the pain and sorrow of agitation was well alive. A dream of a free and independent Assam having the authority to selfrulewas imposed on the people of Assam. It gained mass suppa,"! in very little time as the situation was congenial. The ULFA cadres received a heroic acceptance by the vast majority of Assamese people. The cadres vowed to fight social evil, political deprivation and the Indian authority for a free Assam. No doubt, the group lost its 66
The Icfai University Journal of International
Relations, Vol. III, No.2,
2009
popularity for its odd deeds and all round dependency on arms and violence and lack of conceptual and practical clarity on independent Assam; but they still rule millions here in the state. People have a soft corner for these boys who claim to fight for their cause. People still lament when these young hearts die at the hands of security forces. The ULFA and other such militant outfits are branded as banned organizations in the country. Any relation or interaction with such groups by general people also attracts the same treatment as is given to the militant group. But in our contemporary political scenario, one can very often encounter certain metaphors like anti-national, traitor, terrorist and so on with a dual treatment. The situation shows that such terms are time specific and very much opportunistic in the political domain.
The Whirlpoo! of Po!itkal
Metaphors
The basic question now is-who defines these political terms and on whose behalf? Ina kingdom or empire, where democracy takes a back seat or a remote possibility, these terms are definitely assigned to those who violate or disturb the interest of the King or the rulers because their subject has no right to think against the system. But in a democracy like India, where people are given the absolute right to decide or elect their own ruler, such terminologies seem to be misnomers very often. For instance, it would not be wrong to say that before the commencement of the Indian National Congress's nationwide protest against British rule, the British were accepted as superior ruler for the common Indians (except for few princely rulers). Thus we find a mass of people obeying British laws and order and sacrificing their lives for the British Rai.More interestingly, the freedom fighters were faced with stern resistance and atncity from the Indian police and soldiers only.~When the pre-independent law violators were named traitors, the same people became freedom fighters and die-hard patriots in a politically rewritten different situation. We have doubt as to how many of those police and soldiers who tortured the freedom fighters following the British command and being loyal to British Rai were termed as anti-Indian, anti-national and traitors and subsequently terminated or sent to Indian jail? In insurgent North-East India, we have come across many such situations. The student leaders of Assam who were once designated as threat to national integration, anti-national and traitors, became respected leaders legally in a new situation overnight as and when a treaty was signed. They could even become the constitutionally legal representatives of the people of India. More such examples come from Bodoland movement as several Bodo leaders were linked to several bloody and violent incidents. They too became legal leaders overnight when the Bodoland accord was signed. The leaders of the Bodo Liberation Tigers, once a banned and armed militant group, are now heading the constitutionally approved administrative setup in Assam. The representatives of the government of India are running after the Naga militant leaders to convince them to accept Indian nationality in a newly proposed framework. Politics of Immigration, Resentment and Threat A Political Discourse on As~am, India
to National
Integrity:
67
What Do We learn? The conclusion we draw from these instances is that in a pro-democratic political domain, administrative policies must be reasonably liberal, aiming at being attentive to people's interest, desire and affection for a certain entity-be it language, territorial control, ethnic identity, cultural boundary and so on. We cannot say, for obvious reasons, that India has completed the nation building process in a pure political sense. What is not heard to and ignored or suppressed as illegal in a certain framework or principle at one time must have to be heard to or accepted in principle in another time or situation. The time period between these two poles of unheard and heard always witnesses sufferings and retrogression and breeds suspicion and intolerance among different entities in political as well as in social domain. Another reflection shows that the arms militancy is not the initial form of socio-political movement in general. In majority of cases it precedes by a non-violent mass protest or movement. It is quite true in case of all movements seen in the North-East region. Arms come to the fore when non-violent movements are suppressed and bullied by the state administration and the human rights are violated to such an extent that the people concerned are bound to feel as if the competent authority understands only the language of guns and bullets. Thus, for obvious reasons, in a nation state where people form the nation, one canna. term the assertion of a group of people as anti-national. They might be seen anti-national to the others. But for these people they are the heroes of their land, the sons of the soil and the children of the nation within the nation. In this way, the so-called banned organizations get their ground and support from common people, as a result. of which the security personnel are unable to pull them out by the root. These boys are patriots for their own land or the country hatched in their heart, the martyrs who sacrifice life for their sacred land. It is to be seen that if and when their demands are fulfilled, these so-called banned organizations become legitimate ones and they would rule their land and so-called anti-national traits would be termed as patriotic traits or acts. To praise the so-called anti-national heroes may sound unconventional. But in true sense they are the real heroes for the insiders. They do not fight for money, fame or comfort. They know well that they are unable to match with the huge security force and fire power of the country. Taking arms against the state is sure death. But they fight for an ideology, for a dream they perceive to be true to their heart and soul. Unlike the security forces, they do not have license to kill. They do not have financial support, family support and no guarantee for their family and so on. They fight for a cause for their own people. So, they are the real brave hearts of our age. They have immense will power. What cannot they do for the country if their strength is harnessed for a constructive reason? 68
The icfai University Journal of International
Relations, Vol. III, No.2,
2009
Parallel Patriotism Now let us come to the ground reality. Let us see what the outcome of such situations are. How do people, who are born and brought up in such environment inculcate nationality, patriotism, sacrifice and so on? If anybody in our country is asked to define the martyr day or the martyr, to be sure, the answer will be the day opted to remember the people who died in the freedom struggle against colonial rule. But sure enough, one will be surprised to know that the case is not the same in Assam. Here, one can see scores of pillars in front of schools, colleges and universities and some public places in the proud (or sad) memories of the young students and youth who laid their lives in the six years long Assam movement. On December 10'h every year the martyrs of Assam are remembered. Everytime they are remembered, people feel the discrimination and injustice done to them. This rekindles the hate and anger they carry in their heart and mind. They also visualize the horrifying calculation that shows 900 martyrs = 1,454 deported illegal migrants. The young hearts (students) in the state are quite often put into confusion whether the Independence Day and the Republic Day are to be celebrated or boycotted. This is because almost on all these occasions 'black day' has been declared by different organizations like the Student Unions, the Militant groups, etc., to protest against (perceived) injustice done to them by the state machinery. This has a long-standing effect on the new generation as well, because it sends a message of different meaning of nation, nationalism and patriotism. The people bear a patriotism that is sub-national (for national interest) in nature but unlamented and unrecognized and dishonored by 'the others'-the nation outside.
Conclusion The issue of illegal migration, citize~ship, political deprivation and protest against state machinery etc., are very critical and sensitive domain to be discussed unbiased. There is always overlap between political and cultural boundaries cutting across economic needs. But above all, people's emotional attachment to their land many a time cannot be limited or defined by state verdict or political and demographic metaphors. One can rightly soy that the process of nation building is still going on in our country and so also the adjustments and compromi~es. What is required is a iud~cial balance of facts and emotions and requirement. Human history of politics reveals that suppression of any kind never lasts long and so also the notion of isolated ethnic and political entity formation specific to a particular physical land mass. While accepting the participation in the nation building process by different groups of people having distinct features, the state also must take into account the genuine (or perceived) fears and concerns of those people or ethnic entity. No rules and regulations, including the Constitution of the country, can be assumed as static and unalterable. We have seen that the Constitution has been undergoing several changes with nearly hundred amendments when requirements come in. We can think Politics of Immigration, Resentment and Threat to National A Political Discourse on Assam, India
Integrity:
69
-------------(..
of paradigm shift in political domain if the contemporary system fails to address our problems. At best, tolerance and rational interpretation from all sides is the finest way to address all conflicts. A process of redressing of grievances with political will and responsibility, along with the vision of a balanced progressive future can make things better in our country. U
References 1. Barpujari H K (1992), Guwahati, Assam.
Comprehensive
History of Assam,
Publication
Board,
2. Bhagowati B C (1989), "Presidential Address", Historical Conference at 57 Session of Assam Sahitya Sabha, 'forhat, Assam. 3. Bhattacharyee J B (1993), "The Partition of Bengal: National Consciousness", in Barpujari (Ed.), Comprehensive History of Assam, Vol. 5, p. 256, Publication Board, Guwahati, Assam. 4. Gait Edward A (1906), A History of Assam, p. 336, Lawyer's Book Stall, Guwahati. 5. Government of Eastern Bengal and Assam (1907), "Report on the Administration of Eastern Bengal and Assam", 1905-06, pp. 33-34, Eastern Bengal and Assam Secretariat Press, Shillong. 6. Sarkar J N (1992), "Koch Bihar, Kamrup and the Mughals, 1576-1615", Barpujari (Ed.), Comprehensive History of Assam, Vol. 2, p. 109.
in
7. Shourie Arun (19830), "Assam Election: Come What May", India TodaX May 15. 8. Shourie Arun (1983b), "Can Democracy Survive Them?", India Today, May 31. 9. Sing
J
(1984), 'Assam's Crisis of Citizenship", Asian SurveX Vol. 24, NO.1
Reference
70
The lefai University Journal of International
O.
# 55J-2009-04-03-07
Relations, Vol. ill, No.2, 2009
