White Paper on Foreigners' Issue

WHITE PAPER ON FOREIGNERS' ISSUE October 20, 2012 HOME & POLITICAL DEPARTMENT GOVERNMENT OF ASSAM TABLE OF CONTENTS CHAPTER-I Historical perspective Sl No. Contents Page Numbers 1.1. Background 5 1.2. The Immigrants (Expulsion from Assam) Act, 1950 6 1.3. Nehru Liaquat Agreement 6 1.4. The Census of 1951 and National Register of Citizens (NRC) 1951 7 1.5. The Census of 1961 and Setting up of Foreigners Tribunal 8 1.6. The PIP Scheme and other measures 9 1.7. Assam Agitation & Assam Accord 11 CHAPTER-II Illegal Immigration 2.1. Illegal Immigrants 13 2.2. Legal provisions 14 2.3 Foreigners Tribunals & Illegal Migrants (Determination Tribunals) 16 2.4 Procedure of detection & deportation 18 2.5 Deportation/Push Back 21 2.6 ‘D’ Voters 22 2.7 Intensive Revision of Electoral Rolls 23 CHAPTER III Status of Implementation of other clauses of the Assam Accord 3.1 Clause-6 27 3.2 Clause-7 28 3.3 Clauses 8.1 & 8.2 29 3.4 Clauses 9.1 & 9.2 29 3.5 Clause 10 33 3.6 Clause 11 33 3.7 Clause 12 33 3.8 Clause 13 33 3.9 Clause 14 33 CHAPTER IV Efforts of the Government of Assam since 2001 and the road ahead 4.1 Updating NRC 35 4.2 Progress in detection and disposal of cases 35 4.3 Strengthening of machinery for detection and deportation 36 4.4 Detention Centres 37 4.5 Committees for detection of foreigners & preventing harassment of genuine 37 Indian citizens. 4.6 Impact of Government measures on infiltration 38 4.7 Road map for future 38 3 ANNEXURES 1. Demographic composition 40-41 1A Variation of demographic pattern in Assam from 1901 to 2001 42-44 1B Variation of Muslim population from 1871 to 2001 45 1C Major religion population percentage in some states 46 2 The Immigrants (Expulsion from Assam) 1950 47-48 3 Agreement between India & Pakistan on minorities (Nehru Liaquat Pact) 49-52 3A Copy of letter dated 22nd March, 1961 from MHA on delegation of powers to 53-55 civil authorities under Foreigners Act 1946 4 Letter dated July 27 1965 on infiltration and deportation of Pakistanis 56-58 5. Copy of letter dated 25th June 1966 on procedure for deportation of Pak 59 infiltrants 6. The Foreigners Tribunals Order 1964 60-61 7. Letter dated 19/6/1969 on procedure for deportation of Pak Infiltrants 62-63 8. Copy of letter dated 17th February 1976 on delegation of powers to civil 64-65 authorities under Foreigners Act 1946 9. Extract from the Chief Minister’s statement 2/3/1979 (Golap Borbora) 66 9A Letter dated January 18 1980 from President AASU on problem of presence 67-68 of foreign national in Assam. 9B Memorandum submitted by the AASU before Prime Minister dated 69-79 February 2 1980 10 Assam Accord – Memorandum of Settlement 80-82 11 Amendment in the Foreigners Tribunal Order 1964 dated 24th April, 2012 83-84 12 Districtwise feasible stretch and non feasible gaps of IBB fence in Assam 85 sector 13 D.O. letter from Chief Minister, Assam dated 24th March, 2004 to Sri 86 Advaniji on revoking the decision to close down the office of the Commissioner, Border, Guwahati. 14 Border roads and fencing work in Phase I&II works done by Assam PWD 87 since 1986 15 Border roads & fencing work done by other agencies. 88 16 Report of the Cabinet Sub Committee on NRC sent to Govt. of India 89 16A D.O. letter by Chief Minister, Assam to the Prime Minister dated 4/8/2008 90 on NRC 17 Copy of notification on constitution of Thana Level Committee 91-92 17A Copy of notification on constitution of Circle, District & State Level 93-94 Committees 4 CHAPTER 1 HISTORICAL PERSPECTIVE 1.1 BACKGROUND 1.1.1 Historically, in the nineteenth and twentieth centuries, Colonial Assam saw migrations from other provinces of British India, which resulted in a change in the demographic profile in some districts of the Province. The growth of tea industry necessitated the migration of people from Bihar, Orissa etc in composite Bengal Presidency and other provinces, who came as plantation labour to work in the newly opened tea gardens. With the expansion of colonial administration, local economy and tea industry, Marwari traders from Rajasthan also made Assam their home. Further, the construction of railways, discovery of coal and oil facilitated migration from other parts of British India. The colonial authorities also encouraged the educated Bengalis to come to Assam to take up jobs in the lower echelons of the Provincial Government, as teachers and other such professions. Similarly, the availability of cultivable wastelands attracted the peasantry from the densely populated neighbouring districts of Bengal like Mymenshingh, Bogra, Rangpur and Pabna, who came to Assam in large numbers in the twentieth century. 1.1.2 The foreigner’s issue has been a matter of considerable concern after independence as articulated by various sections of the society including student organizations. There is, therefore, a strong need to place on record all relevant facts to arrive at greater clarity on the matter. In this background, Hon'ble Chief Minister, Assam announced the publication of a White Paper giving all details relevant to the Foreigners’ Issue including detection and deportation of foreigners, updation of NRC and steps taken to protect the international border like taking up fencing, strengthening of border outposts etc. 1.1.3 It is important to note some positive and beneficial effects of migration of the peasants from East Bengal. The Goalpara Zamindars and other landlords had in fact initially encouraged these hardy peasants to settle down in Assam. The peasant migrants from the erstwhile East Bengal brought with them superior cultivation techniques including multiple cropping and introduced poultry farming. Because of the agricultural practices of the hardworking immigrants and their contribution to the agricultural economy, rice production increased significantly. A number of vegetables and crops including jute hitherto unknown in the state were also introduced by the migrants. 5 1.1.4 The demographic composition of the State from 1901 census onwards has been placed at annexure 1. It reveals that the population in all religious classes has registered growth at varying pace. It may be noted that major changes in the demographic profile of districts such as Goalpara, Nowgong, Darrang and Kamrup had taken place since 1871 census as shown in annexure 1A and 1B. A statement showing major religion population percentages in some states is shown in annexure 1C. 1.2 THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT 1950 1.2.1 Following partition and communal riots in the subcontinent, Assam initially saw an influx of refugees and other migrants from East Pakistan. The number of such migrants other than refugees was initially reported by the State Government to be between 1,50,000 and 2,00,000 but later estimated to be around 5,00,000. 1.2.2 Taking note of the serious situation arising from this immigration, the Government of India initially promulgated an Ordinance on 6th January 1950. The ordinance was soon replaced by an Act known as Immigrants (Expulsion from Assam) Act 1950 which came into effect from 1st March 1950. According to the Act, any person or class of persons having been ordinarily resident outside India, has or have, whether before or after commencement of the aforesaid Act, come into Assam and that, in the opinion of the Central Government (or the Government of Assam or its officials if so delegated by a specific notification) the stay of such person or class of persons is detrimental to the interests of the general public of India or any Section or of any Schedule Tribe in India, the Central Government (or the Government of Assam or its officials if so delegated by a specific notification) may by order a) direct such person or class or persons to remove himself from India or Assam within such time and by such route as may be specified in the order: and b) give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient. The Act however barred the application of its provisions on refugees fleeing Pakistan on account of civil disturbances or fear of such disturbances and on coming to India residing in Assam. A Copy of the Act is placed at annexure 2. 1.3 NEHRU-LIAQUAT AGREEMENT 1.3.1 When fresh communal disturbances occurred in early 1950 in Assam (along with East Pakistan, West Bengal and Tripura), some immigrants living in the districts of Goalpara, Kamrup and Darrang fled to East Pakistan leaving their properties behind. In the Nehru-Liaquat Agreement signed on 8th April, 1950, it was agreed by the two Governments-India and Pakistan-that the rights of the immovable property of a 6 migrant shall not be disturbed and the same shall be restored to him, even if it is occupied by another person in his absence, provided he returns to his original home by 31st December, 1950. The agreement facilitated the return of almost all the displaced persons. By 31st December 1950, there was net influx of 1,61,360 people into Assam who had entered Assam through recognized routes of travel. A copy of the agreement is placed at annexure 3. 1.4 THE CENSUS OF 1951 AND NATIONAL REGISTER OF CITIZENS (NRC) 1951 1.4.1 During the Census of 1951, a National Register of Citizens was prepared under a directive of Ministry of Home Affairs by copying out in registers the census documents containing information on relevant particulars of each and every person enumerated.

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