(There is enough covered on Security, Border issues, Immigration and

(There is enough covered on Security, Border issues, Immigration and Insurgency regarding North East in Sep and Oct Articles. Overview of some Developmental perspectives pertaining to NE Here)
Indias North East Development: Issues and Perspectives

1. Introduction

2. Basic Deficits

3. Development Initiatives

4. NEC

5. NLCPR

6. MoDONER

7. Development of trade and exports

8. International Funds for NER

9. Critical Areas Development under 12th FYP Development of trade and exports

10. Special Package for North-East Region During Twelfth Plan

11. Vision 2020

12. LEP

13. Introduction:

* Though the potential of NER is more, the development is much less compare to the rest of the region.

* The GoI took special care in addressing the other Autonomy, Insurgency, Extremists issues through its development initiatives.

* Developments got more progress after Administrative powers are envisaged under Schedule six and Part IX and Part IXA of the constitution in NER.

14. Basic Deficits of NER:

* The High-Level Commission appointed by the then Prime Minister in its report submitted in 1997 (India, 1997) has stated that there are four basic deficits confronting the North East:
1. Basic needs deficit;
2. Infrastructure deficit;
3. Resource deficit; and
4. Two-way deficit of understanding with the rest of the country.
.

1. Development Initiatives:

* GoI with supplementary development efforts of states in NER made several initiatives. They are:
1. North Eastern Council(NEC)
2. Non-Lapsable central pool of Resources(NLCPR)
3.Hill Area Development Program(HADP)
4. Border Area Development Program(BADP)
5. Special Central Assistance (SCA)
6. Special Plan Assistance(SPA)
7. Backward Region Grant Fund (BRGF)
8. Setting up of Min of Development of North East Region (MoDONER)


1. North Eastern Council:

* Constituted in 1971 by an act of parliament- North Eastern Councils Act, 1917.

* Most important regional planning and advisory body of the central government.

* Consists of Governors and Chief ministers of the 8 states and three members nominated by the prime minister.

* Formulates and forwards proposals to Union, especially regarding the regional plan, efficient placement of land use activities and infrastructure across large area of land.

* Reviews and Recommends Projects/Schemes included in the regional plan and how they should be executed and managed.

* Reviews the progress of expenditure and recommends the Union on financial assistance for the implementation of the any project.

* Recommends State/Central on necessary surveys/investigations of the projects for the inclusion of new projects in the regional plan.

* Reviews measures taken by the states to maintain security and public order and recommends further necessary measured.

* The act amended in 2002 to include more functions under the council in implementation and coordination of schemes/Projects.


1. Non-Lapsable Central Pool of Resources(NLCPR):

* Created by GoI in 1998 to support infrastructure development projects in NER.

* The funds acquire from the unspent balance out of the mandatory provisions of 10% of Gross Budgetary support (GBS) made for NER from the budget of central ministries.

* Unutilized portions of funds earmarked by non-exempted ministries (From10% of GBS) surrendered at the close of every FY into NLCPR.

* MoDONER sanctions infra projects of NER out of those NLCPR funds as per priority of states and Backwardness.


1. Min of Development of North East Region (MoDONER):

* Created in 2001 and granted status in 2004 as full-fledged ministry.

* Purpose- Facilitate relations and works between central ministries, Departments and states of NER regard to economic development.

* Improves functions of Infra, Eco friendly Investments for sustainable peace and stability.

* Takes care of issues of Planning, Execution, Monitoring of Schemes/Projects.

* According to the Business Rules 1961, the NEC and NLCPR were included as subjects of DONER. Others follow.

2. Road Works financed by central as whole or part of NER.

3. Planning of Roads and Inland waterways transport.

4. HADP and BADP in NER.

5. North Eastern Development Finance Institution.

6. North Eastern Regional Agricultural Marketing Corporation Ltd.

7. The Sikkim Mining Corporation.

8. The North Eastern Handlooms and Handicrafts Development Corporation.


1. Development of Trade and Exports in NER:

* PMs Action Plan for NE- Introduced in 2000 under Dept. of Commerce for Monitoring/Implementation of measures of Developmental of Trade&Exports.

* Monitoring/Implementations of the Recommendations of Task Force on Development of Border Trade and Inter-Country Trade from NER setup on the recommendations of Shukla Committee.

* The task force will have functions given below:

2. To deal with all matters relating to exports/imports from/to NE.

3. To promote exports from NER and esp. for boosting trade with neighboring countries.

4. To implement PMs Action Plan.

5. To service the empowered committee constituted under PMs Action Plan

6. To administer the export development fund for the NER.


1. International Funds for NE:

1. ADB: Asian Development Bank
North Eastern State Roads Project (NESRP)

* The objective of the Project proposal is to upgrade about 1,300 kilometers of roads, including the construction of 5,500 meters of bridges and construction of 4,700 meters of Causeway Irish crossings.

* An additional Technical Assistance has been mobilized by the Ministry from the Asian Development Bank (ADB) which aims at building capacities of State PWDs by introducing (i) computer-based road asset management tools and (ii) state-of-the art project management techniques prior to the implementation of NESRP.
North Eastern Urban Development Project (NEUDP)

* The North Eastern Urban Development Project (NEUDP) (Phase-1) seeks to improve urban infrastructure in five capital cities viz. Agartala, Aizawl, Gangtok, Kohima and Shillong.

* The Asian Development Bank (ADB)s Technical Assistance for the North Eastern Urban Development Project (NEUDP) (Phase-II) covering Guwahati, Imphal, Itanagar and Dibrugarh, is also scheduled.
North Eastern States Trade Investment Creation Initiative Project

* The Project seeks to develop a trade and investment framework that will enable North Eastern India to better position itself to participate in global and regional markets and to reap the considerable gains from specialization, agglomeration economies and globalization.

* A draft Report has been prepared and has been circulated to the States and Central Ministries for their comments.



* World Bank
Natural Resources, Water & Environment Nexus for Development and Growth

* The objective of the study is to develop a vision for the development and management of water and related natural resource/environmental issues in the Northeast for sustainable and equitable growth.

North East Region Livelihoods Project (NERLP)

* The Ministry have initiated discussions with the World Bank on the feasibility of a North-East Region Livelihoods Project (NERLP). The project proposal is based on the IFAD assisted NER Community Resource Management Project (NERCRMP) which has been successfully implemented in two district each of Meghalaya, Assam and Manipur.

* A Preliminary Project Report for NERLP was prepared by the Ministry in consultation with the Planning Commission and referred to the World Bank through DEA. The World Bank has since agreed to develop and assist in implementation of the proposed project. The World Bank has fielded a Mission in December, 2006 to carry out a preliminary assessment and develop the project.


1. Critical Areas Development under 12th FYP:

Roads1. EastWest Corridor (670 KM in Assam) by NHAI.2. All stretches of SARDP-NE connecting State Capitals/District Headquarters, (including NH-39 and NH-53 in Manipur, NH-31A in Sikkim).3. Strategic border roads,4. Trans-Arunachal Highway along with identified district connectivity.5. Roads connecting Kaladan Multi-modal Transit Transport Project,6. Important bridges include DholaSadia over Brahmaputra and all other crucial bridges on the major road projects.7. Four-lane highway from Tizit in the north to Dimapur via TuliJalukieKhelma (proposed by the State Government for survey in investigation and DPR preparation, and so on).

Railways1. Broad Gauge (line conversion)connecting GuwahatiDibrugharTinsukia, Rangia Murkongselek Bridge (rail-cum-road) across Brahmaputra at Bogibeel.2. BG route from New Moinaguri to Jogighopa.3. BG route from LumdingSilchar and KumarghatAgartalaSamboom.4. New lines: AgartalaAkhura, TeteliaByrnihat Shillong, HarmutiItanagar, SilcharJiribam Imphal (Tupul).

AirwaysMajor works for upgradation of airports are: Guwahati, Dibrugarh, Silchar, Agartala, Shillong, Imphal and Dimapur; and New airports at Itanagar, Ceithu (Kohima), Pakyong (Gangtok). In addition, there are smaller airports, ALGs to be upgraded in Arunachal Pradesh.

Inland WaterwaysIWT development in the Brahmaputra and Barak National Waterway.

Power1. Long-term health of power sector seriously undermined (losses `70,000 crore per year). However, aggregate technical and commercial (AT&C) losses are slowly coming down. State Governments must push distribution reform.2. Hydropower development seriously hindered by forest and environment clearance procedures. Need to look at special dispensation for these States, especially Arunachal Pradesh.3. A time-bound plan to operationalize development and evacuation of hydropower from NER required. Road connectivity an issue for expeditious project completion.4. Given limited connectivity of NER with other parts of the country (through Siliguri corridor), access through Bangladesh needs to be explored.5. Electricity tariffs not being revised to reflect rising costs. Regulators are being held back from allowing justified tariff increases.

Agriculture and Allied Sectors1. The growth has to be more rapid and inclusive; the focus has to be on better performance in agriculture, irrigation, drinking water health services, better education in the rural and remote areas, rural connectivity, improved deliverysystem and governance. Farm-based economic activitiesHorticulture, Animal Husbandry, Fisheries, Poultry, and so on, have to be the prime drivers.2. Post-harvest management and marketing infrastructure required to be attended to by dovetailing of programmes/schemes between Central Ministries and the State Governments for filling up gaps in infrastructure.3. There has to be continued emphasis on creation of employment opportunities. During 11th plan, there is a general feeling of improvement in the security and law and order scenario. Efforts needed. The initiatives so far have created some momentum of development. This to be continued with all possible support from the Centre.

Water Management/Flood ModerationNorth East Water Resource Authority for flood moderation is pending for a long time. Erosion particularly in the Brahmaputra Valley and Barak Valley is a majorconcern expressed by the State of Assam in various forums. It has to be recognized as a national issue. There is no scheme to take care of the impact of large-scale erosion which is a recurring feature in the State. This needs to be attended seriously.

Education/Skill Development/Health 1. Focus on quality of education. Investment in teachers training and evaluation. Use distance education infrastructure for quick completion in the North-East.2. Social, gender and regional gaps in education need special attention. Special emphasis on capacity building and skill development with focus on curriculum is needed. State-specific approach for creation of opportunities for employment generation may be taken up. Reforms in vocational education to ensure employability in the changing market would help.3. Development and operationalization of PPP models in school and higher education and focus on increase in seats in medical colleges, nursing

Textile1. Major Schemes of Min Of Textiles Includes Handlooms(IHDS, Mill Gate Pricing Scheme etc), Power looms(TUST, TMTT,NIFT etc), Sericulture(CDP, HRD, Seed organization etc.,), Handicrafts(AHVY, Comprehensive welfare schemes, Design and technical Upgradation scheme etc.,), 2. New Schemes: i. Comprehensive Handloom Development Scheme.ii. North Eastern Textile Promotion Scheme.iii Scheme for Usage of Geotextiles in North Eastern States.iv. Scheme for promoting Agro textiles in North East





1. Special Package for North-East Region During Twelfth Plan for tourism:

* The Min of Tourism extends financial assistance to the State Governments/Union Territory Administrations including the States of the North Eastern Region, for tourism related projects which are identified every year in consultation and interaction with them under the following schemes.
1. Product Infrastructure Development of Destinations/Circuits
2. Assistance to Large Revenue Generating Projects
3. Information Technology
4. Fairs/Festival and Events

* Specifically, media campaigns are launched to promote the entire NER.

* The Min of Tourism provides complimentary space to the North Eastern States in India pavilions set up at major international travel fairs & exhibitions.

* Further, In relaxation of CCS (LTC) Rules 1988, the GoI has decided to permit Government servants to travel by air to NER on LTC as follows:-
(i) Group A and Group B Central Government employees will be entitled to travel by Air from their place of posting or nearest airport to a city in the NER or nearest airport.
(ii) Other categories of employees will be entitled to travel by air to a city in the NER from Guwahati or Kolkata.

* All Central Government employees will be allowed conversion of one block of Home Town LTC into LTC for destinations in NER.


1. VISION 2020:

* Released in 2008, On implementation of the document 17 thematic Working Groups were constituted comprising various Ministries, state governments of NER and sectoral experts.

* Salient Features of the VISION 2020 Document Follow:

2. Improve Indices of development of the region to catch up with the rest of the region.

3. Structural transformation of economies of NE states by effecting significant changes in development strategies to achieve higher growth rates of GSDP to equal to national averages.

4. Poverty eradication based on participatory planning and with private sector participation for growth.

5. Maximizing self-Governance by building capacity of the people, Institutions and traditional/Local institutions to enable participation in growth process.

6. Harnessing available local resources for development.

7. Strengthening of infrastructure.

8. Expand Trade and commerce.

9. Effective governance for establishment and harmony.


1. Look East Policy on NER:


* promoting industrial development and investment in the Northeast and projecting the region as a potential driver of the LEP.

* With the growing realization of the urgency of the development of the Northeast and its strategic importance to further advance the objectives of the Look East policy, India has adopted a three-pronged approach of offering incentives, developing infrastructure, and marketing the asset.

* Thailand: Important sectors identified for Thai investment are agro-business and food processing industries, energy, communications, and tourism. Indias Northeast is very rich in these resource and, therefore, offers huge potential for local industrial development and economic growth.

* Agro-based and food processing sectors have been identified as one of the most important areas of Thai investment as the region offers immense opportunities in terms of raw-material for these industries and also in terms of an extremely large market to the Thai Small and Medium Enterprises (SMEs), which are engaged in these industries.

* Connecting china with Thailand through road via NE

* China: Promotion of Border Trade at Nathu La Pass in Sikkim.

* Bangladesh: Bus Service from Kolkata to Agartala via Dhaka; Access to Chittagong Port; Proper implementation of Water Transit and Trade(WTT)

* Myanmar: Implementation of Kadalan Multimodal Transit project; Regular trade status both the sides; Expanding Indo-Myanmar trade agreement; Banking systems with foreign exchange in borders; Construction of roads in Rhi-Tidim, Rhi-Falam.
(In the article I avoided numbers, Data = Less useful in the last Minutes)


END

(In case of any Wrong data, infos are deeply regretted. Correction and return intimation are welcomed.
Name: Marudavanan.S

References:

1. Vision 2020 Document/ MoDONER.

2. pib.nic.in.

3. 12th FYP.

The Illegal Immigration and Ethnic Conflicts of NE India

The Illegal Immigration and Ethnic Conflicts of NE India
Contents:

1. Introduction

2. Strategic Importance

3. Various Accords

4. Sixth Schedule and Local Autonomy

5. Historical Background of Immigration

6. After Partition of India

7. Immigration Before and After 1971

8. Laws and Agreements to tackle Immigration and citizenship in India

9. Provisions of IMDT Act 1983

10. Assam Accord, 1985

11. Supreme court Verdict, 2005

12. Present Scenario


1. Introduction:




* In the midst of security, human rights, border Land and resource sharing issues of North East India, the illegal Immigration gets up in the order as one of the major socio economic unresolved problems.

* Started as a conflict between the inhabitants and settlers as land tenants during British period, the issue developed as a resource sharing to communal conflicts.

* The clashes and loss of life for the past five decades needs strong political decisions regardless of the brotherhood bond between India and Bangladesh.

* The violence of Kokrajhar in Assam triggered all India communal tensions towards a particular community. The issue needed to be addressed in a broader platform.

* For Mains, this article can be covered under topics of GS-II paper and State PSCs exams.

1. Strategic Importance:

* Ethnic mosaic as diverse as the rest of our nation, of the 563 communities listed by the People of India project, 635 were categorized as tribal, as which 213 were belong to NE states.

* Project also listed 325 languages of 175 belong to Tibeto-Burman and the MonKhmer family were found in NE.

* NE represents Indias most complex affair, leading to difficulty in policy making and execution.

* 84% of its population from rural, Geography- 9%of India, 98% of border form Indias International Boundary.

* Connected by 27Km Siliguri Corridor of West Bengal with rest of the Nation. Called as 7 sister and a brother State. Sikkim not part of NE initially, till approved so by GoI in 2002.

* Rich in Resources: Hydrocarbons, coal, Limestone, dolomite, Graphite, Quartzite, Sillimonite etc.,

* Over 10% of Forest Products requirements of the country met from NER. Rich in Biodiversity, Immense Potential in Hydro Power Generation.

* 80% of Total Hydro Power Potential of the Country. Arunachal Pradesh alone Expected to Generate 267GW i.e 30% of Total Country Production.

* A central region for many International Initiatives and Trade agreements: SAFTA, BIMSTEC, APTA, LEP, EAS.

* Gateway for South-East Asian Nations. Though shares just 3% of Total GDP of the Nation.

* Because of Multi-Lingual and Multi-Religious society, NE envisaged with some special Provision in Our Constitution like Part IX and Part IXA not applicable for Nagaland and Parts of Assam, Manipur, Meghalaya, Mizoram.

* Local Autonomy ensured with Sixth Schedule Status to NE states: Assam, Tripura, Meghalaya and Mizoram.

* Special Status For Nagaland Under Art- 371A


1. Various Accords:

Peace Accords and the creation and restructuring of Administrative Units in NE India

Date Accord Parties to the Accord Unit Created

1947Naga-Akbar Hydari AccordAkbar Hydari, Assam State and Naga National Council Representatives. Nagas Given Autonomy for 10years.

1960Sixteen Point AgreementGoI and Naga Peoples ConventionCreated the State of Nagaland

1975Shillong AccordGovernor L.P.Singh of Nagaland and Underground OrganizationSurrendered but no benefit for Nagas

1985Assam AccordAASU&AGSP reps, Union Home Ministry, Chief Secretary, Assam.Explained in detail Below

1986MoUGoI and Laldenga on behalf of Mizo National FrontCreated the State of Mizoram

1988MoUGoI and Tripura National VolunteersReorganization of the Tripura Tribal Areas Autonomous Dist Councils(TTAADC) promised

1988Darjeeling Hill AccordGoI, WB State and Gorkhaland National Liberation Front Darjeeling Gorkha Hill Council

1993Memorandum of SettlementAll Bodo Students Union President and Assam StateBodoland Autonomous Council

1993Agartala Agreement/MoSTripura state and All Tripura Tiger ForceRenewed Commitment to reorganize TTAADC

1994MoSMizoram State Council and Hmar Peoples ConventionSinlung Hills Development Council

1995MoUAssam State and Representatives of community organization of the Rabhas, Karbis, Tiwas and MishingsKarbi Anglong District council became Karbi Anglong autonomous Council. Rabha-Hasong Autonomous council, Tiwa Autonomous council and Mishing Autonomous Council which were not territorial, were established.

2003Bodoland Territorial Council AgreementGoI, Assam State and Bodo territorial Council AgreementBodoland Territorial Council

2011MoU GoI, WB State and Gorkha Janmukti MorchaCreated Gorkhaland Territorial Administration



1. The Sixth Schedule And Local Autonomy:

The changing status of the areas under the 1919 and 1935 Acts after Independence is shown below.


Backward Tracts under 1919 Act Renamed as Excluded Areas in 1935Act. Included in the Sixth Scheduleof the Indian Constitution in 1950 Present Status of the Areas

Garo Hills district, Khasi Hills district Jaintia district Reconstituted as Meghalaya and an autonomous state in Assam in 1969. Meghalaya, became a full fledged state in 1971. The three districts still enjoy autonomy under the Sixth Schedule

Mikir Hills Renamed as Karbi Anglong

North Cachar Hills Renamed as North Cachar

Naga Hills districtBecame a part of Nagaland state in 1963 (earlier constituted as union territory).

Lushai Hills districtBecame Mizoram state in 1987(earlier constituted as union territory)

Sadiya frontier tractBalipara frontier tractLakhimpur frontier tractThese three tracts were first reconstituted as North-Eastern Frontier Area (NEFA) and subsequently as Arunachal Pradesh state



* Sixth Schedule provided for autonomous districts and autonomous regions within those districts with elected councils that enjoyed the power to levy certain taxes, to constitute courts for administering justice and make laws on various subjects. Powers of the District Councils and Regional Councils to make laws were with respect to-
(a) the allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town
(b) the management of any forest not being a reserved forest;
(c) the use of any canal or water-course for the purpose of agriculture;
(d) the regulation of the practice of jhum or other forms of shifting cultivation;
(e) the establishment of village or town committees or councils and their powers;
(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;
(g) the appointment or succession of Chiefs or Headmen;
(h) the inheritance of property;

* A "reserved forest" mean area reserved under Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question.

* The District Council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say-
(a) taxes on professions, trades, callings and employments;
(b) taxes on animals, vehicles and boats;
(c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and
(d) taxes for the maintenance of schools, dispensaries or roads. Further licences or leases for the purpose of prospecting for, or extraction of, minerals. - Also were under the purview of the respective District Council.
Areas in the NE region NOT covered under part IX and part IX A of the constitution

State/Area within a State Provisions under which exempt

NagalandExempt under Article 243M and not covered under Sixth Schedule

Hill areas of Manipur

Meghalaya Exempt under Article 243M and covered by the provisions of the Sixth Schedule

Mizoram Exempt under Article 243M, with some areas of the State covered by the provisions of the Sixth Schedule

Bodoland, North Cachar and Karbi Anglong districts of AssamCovered under Sixth Schedule


1. Historical Background of the Issue:

* British east India company brought Muslim Peasants from East Bengal to Brahmaputra Valley(Policy of Permanent Settlement), Policy towards the development of the region accelerated the movement of people from outside, they needed essential human resources includes administrators, businessmen & Laours.

* Assam annexed by British in 1826 and adopted Bengali as official Language though mostly inhibited by Bodos and Ahoms. Bodos are Largest Plain Tribes of India.

* Partition Bengal in 1905 created Communal differences and Tensions.

* Formation of All India Muslim League in Dhaka in 1906 encouraged the migration to increase the Muslim population in Assam for political reasons.

* GoI(Excluded and Partially Excluded areas) order 1926 and GoI Act 1935 all based on assumptions that only hill tribes need special protection as there were vast differences between them and the majority of the Assamese people in the Plains. Plain Tribes Ignored.

* In 1937 Muslim League, demanded and created Pakistan for Muslims, became part of the ruling dispensation of Assam and its leader, Saiyid Mohammad Saadulla, headed five different ministries for most of the period 1937-1946. The elections had been held to Indian provinces after the British relented and gave Provincial Autonomy.

* In 1941 the ruling Muslim League introduced Land Settlement Policy, which allowed migrants to settle down in government land anywhere in Assam.

* The agitation of locals opposed to the migration was further intensified by claims of Saadulla during World War II that his policy of allowing migrants into Assam was part of an effort of the Muslim League to help the British in its World War II efforts. The Muslim League, which supported the British war efforts, claimed immigrants would help in cultivating more food for the war period.


1. After partition of India:

* After partition, though Jinnah was secular in his inaugural speech, the following government provoked major communal riots and made Hindus to flee India.

* The East Bengal State Acquisition and Tenancy Act 1950 enacted by Muslim League made No land to be possessed by a single person in excess of 200 bighas or a quantity of 10 standard bighas/person of his family.

* The Zamindars, mostly Hindus lost land and fled to India in fear of future troubles.

* India Responded with Immigrant(Expulsion from Assam)Act 1950. It distinguished immigrants as Hindus- refuees and Muslims- Migrants. Allowed only people affected by civil disturbances in East Pakistan to settle in India(Muslim cannot claim so). Deported back them into East Pakistan.

* The Indias action created much antipathy to Pakistan and the made a pact with India. That is Nehru-Liaquat Ali Agreement of 1950 to allow return of all migrants back into East Pakistan regardless of religion and ensured same land they left before flee.

* Also it brought Muslims who fled to East Pakistan back into India. Around 161360 people came to Assam through recognized route during 1950.

* The all deportation allowed only who migrated before Dec31, 1950.


1. Immigration Before and After 1971:

* In 1964, Fresh Communal riots absorbed in both nations. Large influx of Hindu migrants in India.

* Assam state passed Prevention of Infiltration from Pakistan(PIP)Act 1964- More Secular from 1950 Act.

* This Formed Special Border Force, set up passport checkup center. More Engagements from federal government for the governance of border area witnessed.

* After the war of 1971, 75Million population of Bangladesh, 10 Million fled to India as refugees and 1million stayed permanently.

* When Electoral rolls were revised by State Election Commission, found a large no of Bangladeshi Muslims were included in that and asked the state to identify the constituencies with a big rise in no of votes.

* Assam Movement (1979-85) formed to agitate against the issue, Majority of them were Bodos, Koch-Rajbhangshi, Rabhas, Adivasis, Tea Tribes and Assamese.

* Issue worsened because of Nalli Massacre-1983.

* As a result, GoI enacted Illegal Migrant(Detention by Tribunals)Act 1983 confined only to Assam.

* Tripura do witnessed 6 lakh Bengali immigrants from 1947-1971.

* The Inhabitants who speaks Kokborok and other tribal groups formed Tripura National Volunteer Force (TNVF) and killed Bengali Immigrants at Mandai Bazaar (Mandai Bazaar Massacre).

* Agreement between GoI & TNVF for self-governance as TripuraTribal Autonomous Council.

* Extremists activities still exists under All Tripura Tiger Force and National Liberation Front of Tripura.


1. Laws and Agreements to tackle immigration and Citizenship in India:

* The Foreigners Act 1946 (all India, except Assam till Assam Accord was Signed).

* The foreigners Order 1948

* Citizenship Act 1955

* The Foreigners (Tribunals) Order, 1964

* The Foreigners (Tribunals) Amendment Order 2012

* The Passport(Entry into India)Act 1920

* The Citizenship (Registration of Citizen and Issue of National identity cards) Rules 2003

* The Citizenship Rules 2009

* Nehru- Liaquat Ali Agreement 1950

* Assam Accord, 1985

2. Provisions of IMDT Act, 1983:

* Enacted purportedly to deal with the detention of foreigners illegally migrated to India across the borders of the sensitive East& NE regions of the Country.

* Failed to serve the purpose because of its very stringent provisions.

* It setup tribunals to hear the complaints as quasi-judicial body. The complainant was required to prove the suspect is an Illegal Immigrant.

* It created burden to the complainant also contrary to other Laws, especially in Foreigner Act the onus to prove lies on suspect not on the prosecution.

* Also Complaint against a Immigrant could be filled only by prosecution lives within 3Km radius of the residence of accused. The affidavit also should be supported by a person of above same condition.

* The Act applicable to the migrants of after 25 March 1971.

* The Definition of Illegal Immigrant was mentioned as one without possessing passport, any travel document and any Law document.

* Conviction become difficult because easy to claim loss of passport, document etc., so responsibility again fell on Litigant.

* It restricted Litigant by saying not more than 10 application (or) declaration per one litigant.


1. Assam Accord, 1985

* Fixed the cut-off date to determine illegal migrants in Assam was March25,1971.

* Migrants who arrived before that considered citizens and arrived between Jan 01,1966 to Mar25, 1971 registered under Foreigners Act, their names deleted from electoral rolls for 10 years and restored after that.

* Those who came after Mar25,1971 deported under IMDTs.

* Other features of Accord include

* Updating NRC of 1951

* Cross checking electoral rolls with the updated NRC.

* Demarcation of the Indo-Bangladesh border clearly and creation of clear inhibited belt.

* Strict maintenance of Birth &Death registers at all administrative levels.

* Raising additional armed battalions and river police force to check infiltration

* Rebels not agreed with the accord and struggled to revoke it and asked for new law which deports all illegal immigrants irrespective of time of immigration.


1. Supreme Court Verdict, 2005

* Failure of IM(DT) Act, the cases Deported 1985-2003 were 1561 compared with deported from 1962-1984 through Foreigners Act 1946 were 3 Lakh, questioned the validity of the Act.

* On the Case Sarbananda Sonowal vs. Union of India in SC 2005, held that onus to prove a person as a foreigner on the complainant as unconstitutional and stuck down the Act.

* SC observed Deep analysis of IMDT act & Rules made they have purportedly enacted or made to give shelter or protection to immigrants of Bangladesh.

* Also held the Tribunals under IMDT should cease to function and cases before it to be transferred to Foreigners (Tribunals) order, 1964 and decided the manner provided under Foreigners Act, 1946.

* After the verdict the central amended Foreigners Act 1946 and Included Assam, as like other states in the Act. The tribunals became devoid of appellate authority to justify citizenship and the power came under Executive Authority.

* Government of West Bengal Managed to deport 50 lakh illegal migrants under Foreigners Act without Tribunals, IMDT act and any agitations recently.


1. Present Scenario

* According to a status Report of Union Home Ministry in 2008 says

* The demographic Composition in the districts bordering Bangladesh has altered with illegal immigration.

* Districts of Assam& WB bordering Bangladesh recorded high growth of population higher than the national Avg.

* According to affidavit by Assam state in 2008 says

* Three districts in Assam karimganj, Cachar and Dhubri borders Bangladesh

* All India Decadal growth of population during 1981-91 is 23.85%, but 42.08%, 47.5%, 56.57% respective with the above Districts.

* Consolidated total Deported/Pushed back illegal Immigrants under IMDTs-1547(Till July 2005) and Foreigners Tribunals-895(Till July 2012). Total=2442 Nos.
END


Name: Marudavanan.S
References:

1. White Paper on Foreigners' Issue, Home & Political Department, Government of Assam, July 2012.

2. Frontline Magazine, August and September 2012 Editions.

3. Research Paper on MIGRATION AND REFUGEE ISSUE BETWEEN INDIA AND BANGLADESH (2009) by Chitran Kumar, South Asian Studies Division, School of International Studies, JNU.

4. Securitization Of Illegal Migration of Bangladeshis To India Josy Joseph, Institute of Defence and Strategic Studies, Singapore.

5. The Hindu Opinions.