Dipak Kurmi
(The writer can be reached at dipakkurmiglpltd@gmail.com)
The Supreme Court’s historic judgement, delivered on October 17, 2023, has reaffirmed the constitutional validity of Section 6A of the Citizenship Act of 1955. This judgement upheld March 24, 1971, as the cutoff date for determining the eligibility of citizens in Assam under the Assam Accord. The ruling marks a significant moment in Assam’s history, affirming the state’s long-standing battle with illegal immigration from erstwhile East Pakistan (now Bangladesh). For decades, Assam has grappled with the challenge of migration, and the Supreme Court’s decision seeks to solidify a legal foundation for addressing this contentious issue.
The Cutoff Controversy: 1951 vs. 1971
The debate surrounding the cutoff date for the detection and deportation of illegal migrants has persisted for decades. During the Assam Movement, which lasted six years, indigenous groups, led by the All Assam Students’ Union (AASU), originally demanded 1951 as the cutoff year. However, political negotiations during the signing of the Assam Accord in 1985 led to the acceptance of 1971 as the definitive cutoff. This agreement, while resolving some immediate political tensions, has remained a source of disagreement among various sections of society.
The Supreme Court’s recent judgement settles the legal controversy by reinforcing 1971 as the valid cutoff. This decision ensures that those who entered Assam before March 24, 1971, are considered legitimate citizens, while those who migrated after that date are considered foreigners and subject to deportation. The ruling thus provides clarity, ending years of speculation and legal ambiguity.
National Register of Citizens (NRC) and Its Implementation Challenges
Despite the finalisation of the cutoff date, implementing the National Register of Citizens (NRC) based on the 1971 date remains a challenging task. The NRC, aimed at identifying and listing all legitimate citizens of Assam, has been fraught with difficulties, legal challenges, and inefficiencies. The government has proposed a 20% revision of the NRC in districts bordering Bangladesh and a 10% review in other districts. This proposal reflects the recognition that the initial implementation of the NRC may not have been entirely accurate. However, political disagreements have delayed this process.
The All Assam Students’ Union (AASU) has already filed a petition in the Supreme Court, requesting a comprehensive review of the NRC. The government, though supportive of this review, has yet to take concrete legal steps to move the process forward. As it stands, over 19 lakh people have been excluded from the NRC, raising concerns about the status of these individuals.
Deportation and Foreigners’ Tribunals: A Legal Conundrum
The process of detecting and deporting illegal migrants has proven to be one of the most challenging aspects of Assam’s legal and political landscape. The Foreigners’ Tribunals, set up to adjudicate cases of illegal immigration, have been slow in delivering judgments. Thousands of cases are pending, and even when individuals are declared foreigners, deportation has proven to be nearly impossible. One of the primary reasons is the lack of cooperation from the Bangladeshi government, which refuses to accept many of those identified as Bangladeshi nationals.
The judiciary’s involvement in settling these issues has added another layer of complexity. While the tribunals have declared a small percentage of individuals as foreigners, the vast majority remain untraceable. Many are believed to be still residing in India. This reflects the limitations of the existing legal framework, which lacks the necessary mechanisms for efficient deportation.
Lt. Gen. S.K. Sinha’s Proposal: An Alternative Solution
Amid the challenges of deportation, a novel proposal by former Assam Governor, Lt. Gen. S.K. Sinha, has gained renewed attention. Lt. Gen. Sinha suggested that instead of focusing on deportation, which has proven to be largely ineffective, the government should consider making illegal migrants stateless citizens. Under this proposal, foreigners would be allowed to live and work in Assam but would be denied voting rights. This measure, Sinha argued, would reduce political patronage for illegal migrants, which is one of the primary reasons why the issue has remained unresolved for so long.
Clause 6 of the Assam Accord: Safeguarding Indigenous Rights
Beyond the detection and deportation of illegal immigrants, the Assam Accord’s Clause 6 focuses on providing constitutional safeguards for the indigenous people of Assam. The Central government formed a committee, headed by retired justice Biplab Sharma, to recommend measures for implementing Clause 6. The committee’s report includes provisions for the protection of land rights, the preservation of cultural heritage, and reservations in political and educational institutions for indigenous people.
While the Assam government has begun implementing some of these measures, such as land protection, many key recommendations, such as the reservation of seats in Parliament and the introduction of the Inner Line Permit (ILP) system, require constitutional amendments. These recommendations aim to protect the cultural and political rights of indigenous Assamese in the face of ongoing migration.
Economic Empowerment as a Solution
While legal and political measures are crucial, they alone cannot solve the deep-rooted challenges faced by Assam’s indigenous population. Economic self-reliance is seen as a vital aspect of building resilience against the socio-political pressures exerted by migration. Many indigenous people in Assam remain dependent on traditional farming, which has become increasingly non-remunerative. The younger generations are migrating out of the state in search of better opportunities, leaving the agricultural economy in decline.
One pragmatic solution lies in diversifying the economy by engaging every household in income-generating activities. Women, in particular, can play a significant role in improving household incomes through skilled and unskilled work. Economic empowerment will allow the Assamese people to strengthen their cultural identity and heritage while securing their political future.
A Multi-faceted Approach
The Supreme Court’s judgement on the cutoff date for citizenship is a major step towards addressing Assam’s long-standing issue of illegal migration. However, legal rulings alone cannot solve the deep-seated socio-economic and political challenges faced by the indigenous population. The combined efforts of the state and central governments, along with active participation from civil society, are necessary to ensure the effective implementation of the NRC, the Foreigners’ Tribunals, and Clause 6 of the Assam Accord.
Simultaneously, the Assamese people must strive for economic self-reliance to protect their cultural identity. Only by addressing both the political and economic aspects of the issue can Assam hope to build a resilient and prosperous future for its indigenous people.