OUR CORRESPONDENT
KOKRAJHAR: Bodoland Janajati Suraksha Mancha (BJSM) on Friday said that the exclusion and inclusion of villages in BTR could not be made on the basis of population ratio and the government should revisit certain clauses of the accord.
The president of the BJSM, Janaklal Basumatary said that politically, constitutionally and legally the inclusion and exclusion of villages on the basis of population ratio in BTR agreement was not implementable. He said the preamble of the BTR agreement itself was contradictory and on one hand it says that the Government of India and Government of Assam had been making concerted effort to fulfil the political, economic, social, cultural and identity related aspirations of Bodo people and on the other hand, it restricted the Bodo people's aspirations by terming the BTR agreement as comprehensive and final solution without solving any of the Bodo aspirations, even denying the political aspiration of separate statehood demand and destroying the political empowerment of Bodos by granting sixth schedule administration under Article 244(2) of the Constitution and duly centrally enacted BTC Sixth Schedule Act, 2003.
Basumatary said that basically it was to fulfil political aspiration and to provide better political arrangement for Bodo people. But instead of fulfilling this political aspiration, they have rather planned to dismantle the BTC sixth schedule administration. "In the subsequent agreement known as BTR, if they cannot give better political arrangement, they have no right to dismantle whatever has already been granted for political and administrative empowerment of Bodo people. It is not only denial of political aspiration of Bodo people but destruction of the constitutionally granted political and administrative empowerment," he said.
"Excluding some villages from already notified sixth schedule area on population ratio basis cannot be possible by simple agreement as the tribal area boundary for sixth schedule administration under Article 244(2) of the Constitution is already determined by appointing a commission under para 14 of the sixth schedule of the Cconstitution of India, whose report was accepted by the State as well Central Government and incorporated as boundary of BTC in the BTC sixth schedule Act, 2003," he said, adding that this boundary was determined broadly on the basis of area covered by the tribal area of notified tribal area as tribal belt and block under Assam Land and Land Revenue Regulation, 1886 as amended in 1947 and notified tribal area for special tribal development under Tribal Sub Plan programme and the traditional historical tribal inhabited area.
"In population, there are a large number of encroachers in tribal belts and blocks who are liable to be evicted as per land law of Assam. There is a large area of about 3 lakh bigha under encroachment in BTC itself. So legally these illegal encroachers have no right to exclude villages from BTC tribal area notified boundary on population ratio basis," he said. He added that the boundary could not be disturbed.
Basumatary said that the tribal area should be determined on the basis of already notified tribal area in the land law and other developmental plans of the government, and on the basis of traditional tribal inhabited area. As such the exclusion and inclusion of villages from notified BTC sixth schedule area in population ratio basis was not possible legally, constitutionally, politically and historically.