[Assam] ILLEGAL MIGRANTS IN ASSAM

[Biswajit Barooah]

*ILLEGAL MIGRANTS IN **ASSAM***

*POLITICKING CONTINUES*……


*Biswajit Barooah.*

* *

It is irony of our leadership that several parts of the Indo-Bangladesh
border, both 170 k.m.land and 92 k.m. riverine kept open, the illegal
Bangladeshi migrants move freely from one country to another and on the
other hand courts and tribunals, one after another are set up here in
Assamto decide the fate of the illegal Bangladeshi migrants. At
present the
border is quite porous and one can easily move in and out without much
difficulty. Should we believe that a court or tribunal set up here in Assam
declares a person illegal Bangladeshi migrant directing the government
agencies under it to deport him to another country will be accepted by the
sovereign government in that country in absence of a bilateral agreement
between the countries in political level.

The international law in this regard does not provide for unilateral
deportation in defiance of the views of the country to which the deportation
is to take place. Lt. Gen. S.K. Singha rightly observed in his report to the
President of India that with the stand taken by the Bangladesh Government,
it will not be possible for India to deport millions of illegal migrants to
that country. Our capacity to identify and deport over 10 million such
people is questionable. So, deportation of these illegal migrants is not a
practical proposition. It should have been possible to restrict the entry of
illegal migrants had the border been sealed and protected in a fool proof
manner and there be a bilateral political agreement between the countries to
this effect. In my book *'ETA DASAKAR ASOM*', I suggested to restrict the
entry of illegal migrants in the border in such a fool proof manner,
otherwise stoppage of this terrible invasion is not possible.

The problem of illegal migration from one of the two dominions of the sub
continent, presently known as Bangladesh is not a new one. In 1921, the
first immigrant army corps of the invaders had conquered the princely state
of Goalpara. In 1930-31, the second army command illegally consolidated
their position in the district of Kamrup and almost completed their conquest
of Nowgong. Sri J.C Bhuyan in 'Illegal Migration from Bangladesh and
Demographic change in the N.E Region' wrote- "Kamrup district has also
fallen to their attack and Darrang is being invaded. Sibsagar has so far
escaped completely but few thousand of Mymensinghias in North Lakhimpur are
an out post which may during the next decade proved to be a valuable basis
for major operations."

In 1931 the Census Commissioner of Assam, officially sealed and signed
himself as the Superintendent, Census Operations, Assam S.C. Mullar vividly
described how the immigration to Assam took place at that time and how
steadily it is going to change the demographic pattern of Assam. His report
is now proved to be a valuable documentation wherein he remarked
categorically that within 30 years Sibsagar will be the only district to the
state in which an Assamese will find himself at home.

The difference in growth rate between Assam and India during the pre
independence period was quite significant. Assam's population grew at the
rate of 103.51% while the country's growth rate was only 33.671% during
1901- 1941. Thus the difference of growth between Assam and India was due
exclusively to migration. It is worthy to mention that the pre-independence
Assam included the present north eastern region except Manipur and Tripura.
However, a large part of Sylhet district of Assam was transferred to East
Pakistan at the time of partition. During 1901- 1941, the population growth
rate of Manipur was just over 80% but in Tripura the growth rate was the
highest, 195.98 %. Most of the migrants to that state were of Hindu
community.

After independence the affect of migration to Assam was the highest. The
rate of migration may be divided into two parts, pre 1971 and post 1971.
Post 1971 period refers to the trend of migration after the creation of
Bangladesh. Large scale immigration did take place between 1951 and 1971 in
the entire region. During this period at least 37,57,000 illegal migrants
had entered Assam from East Pakistan/ Bangladesh alone. These migrants were
mostly Muslims. Lord Wavell opined- " the chief political problem is the
desire of the Muslim Ministers to increase the immigration into the
uncultivated government land under the slogan of grow more food but what
they were really after was more Muslims."

There is a notion in the mind of the leaders of the rest of this sub
continent that Assam has plenty of cultivable waste land in comparison with
the population of the state. Perhaps for this notion, Sk Mujibur Rahman
declared in his victory speech - "Eastern Pakistan must have sufficient land
for its huge population. Assam will give its full scope for expansion and
because Assam has abundant land, forest and mineral resources, coal,
petroleum etc. East Pakistan must include Assam to be financially and
economically strong."

The 1961 census showed a 34.97% increase of Assam's population against the
national average of 21.64% in the decade 1951-1961. In 1965, the then Prime
Minister of India made a statement on the floor of Lok Sabha to this effect
on the basis of the reports of the Indian Intelligence Service. Late Bimala
Prasad Chaliha, the then Chief Minister of Assam however, estimated the
influx at 3,50,000 only. However, ten tribunals were set up during this
period to hear the appeals of the confirmed infiltrators. Thereafter, in the
year 1967, 1968 and 1969: 1,29,000 infiltrators were expelled/ deported from
Assam. Thereupon, 33 Congress Legislators belonging to the Muslim community
led by Nainul Haque Choudhury, Devakanta Barooah and Sarat Chandra Singha
demonstrated  against the Chief Minister and said that if all expulsions of
the alleged Muslim infiltrators be not stopped forthwith the Muslim block of
congress vote bank would be lost forever. (Illegal Migrants and Indian
Muslims in Assam: M.H. Rahman).

Sri Indrajit Gupta, the then Home Minister of India stated in Parliament on
6th May, 1997 that there were 10 million migrants residing in India.
On 10thApril, 1992, Hiteswar Saikia, the then Chief Minister of Assam
stated that
there were three million Bangladeshi illegal migrants in Assam but two days
later he committed a volte face and declared that there were no illegal
migrants in Assam. Noted Historian Dr. H.K. Barpujari described this
volte-face of the Chief Minister in one line – "Saikia was indeed a victim
of circumstances". One can see for oneself what was true.

The illegal migrant's issue in Assam was raised on the eve of the
independence of India and has been since then, made to dominate the politics
of the state till today. The development signals that this is not a problem
of Assam or North East alone but it is a national problem. The Delhi High
Court in a recent case ( Rezia Begum vs Union of India and ors.) observed
that influx of illegal migrants from other countries possess a threat to the
integrity and security of India. Justice S.L. Bhayana in a judgment said –
"The large scale influx of illegal migrants has led to large tracts of
sensitive borders which has serious implication for internal security. The
order of deportation is not a punishment but a method of ensuring the return
to his own country of an alien who has not complied with conditions. Hence,
Bangladeshi nationals who have migrated illegally have no right to remain in
India and they are liable to be deported." In another case (Kamaluddin vs
State of Assam: Civil Rule 2501/1998) Justice J.N Sarmah of Gauhati High
Court expressed his displeasure and annoyance with regard to the casual and
cavalier manner in which Voters' List is prepared/ made in Assam. On the
basis of such an incorrect Voters' list a person was allowed even to contest
election. Court can pass order but its execution is in the hand of
government machinery.

The courts in India under the existing Law have been rendering yeoman
service to the nation but dearth of strong political will keeps the problem
alive. If proper steps are not taken in political level to detect, deport
and bound Bangladesh to accept their citizens in India and arrest the flow
of further immigration to Assam, in not so distant future, it will alter the
demographic pattern of Assam.



++ Mr. Biswajit Barooah is a noted Journalist of Assam. +++