BODO MOVEMENT IN ASSAM A CONSTITUTIONAL ANALYSIS

D18SBRTATION SUBMITTED IN PARTIAL FULFILMENT OF THE PEQUtREMENTS FOR THE AWARD Of THEOEGREEOF MASTER OF LAWS

BY MD. KQR5411D AbAM MAZUMDER

Under the supervision of DR. S. MUSHARRAF All READER

FACULTY OF LAW ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 1991 DS2281 DEDICATED T__g

M Y GRAND P A R. E NT S

LATE MOHAMMAD ALI MAZUMDER AND LATE MRS. N. BIBI ou r Office : 5764 Dr. S, Musharraf Ali,Reader 5519 ALIGARH MUSLIM UNIVERSfTY DEPARTMENT OF LAW ALIGARH-202 002

5th October, 1991

To uhom it may concern

Certified that Mr. nohammad Khurshid Alam Plazumder, class roll no, 89LL. 1*1, 17, enrolment No, 0-907, has worked on the topic "Bodo Movement in Assam : A Constitutional Analysis" in partial fulfilment for the auard of LL, 1*1, degree. He has conducted the study under my supervision,

I wish him all success.

Dr, S. Musharraf Ali Sup ervi soi ACKNOV/LEDGEMENT

Having completed this dissertation it is my prime duty to thank Almighty Allah who bestowed His Mercy and all help to enable me to complete this work. Although it is customary to acknowledge and express gratefulness to all those who rendered help to me in the completion of this work, as well as in the formation of my carrier, but it is in fact the manifestation of real feelings which, ever arouse to put on record.

In the first place I feel it to be my foremost duty to acknowledge my gratefulness to my reverned supervisor Dr. Syed Musharraf Ali, Reader, Dept. of Law, whose guidance and inspira­ tion always available to me in pursuing this task.

My deep sense of gratitude are due to Prof. V.S. Rekhi, Dean, Faculty of Law, Prof. Ghulam Ahmad Khan, Prof. Mohammad Mustafa Ali Khan, Chairman, Dept. of Law, Mr. M. Moshir Alam, Reader, Mr. Shariful Hasan, Reader and other members of the teaching staff whose encouragement and timely help I have been getting throughout my stay in the department.

It is an occassion which I feel my most pious duty to put on record my sincere thanks for my respected parents and each member of my family, who have been helpful to me in every sphere of my life. In this regard I offer my special thanks to my uncles M/s Rafiqul H. Mazumder(Advocate, Assam); Nazrul H. Muzumder, Shafiqul H. Mazumder, who have been the source of inspiration in building up my career. - 11 -

I am thankful to ray brothers M/s Sahidul A. Mazumder, F. Uddin Mazumder, N. I. Chaudhary and A.M. Barbhuyia and sisters Mrs. A. Nehar, Mrs. Rabia Mazumder and Miss. G.Mazumder, whose encouragement enable me to keep up the enthusiasm to complete my education at AligaXh. My gratefulness are also to M/s Hashim Ali, S.K.Bhattacharjee (SS College, Assam), Nurul I. Chaudhary, M.A. Barbhuyia, A.M. Barbhuiya (Advocates, Assam); Mr. Ali Hasan Samsuddin, Mrs. Al- Sahiba (Cachar College, Silchar) & Mrs. C Nessa (Door Darshan Kendra, Silchar) without whose good wishes it would not have been possible for me to complete my study. I am specially grateful to Mr. M.R. r4azumder, Dy. Secretary, Judicial Dept., Govt, of Assam, Dispur, for providing material.

Amongst my friends my sincere thanks go to M/s Y. Wadwan (ADA), M. Paul, Shamim Barbhuyia(JNU), Mir Farooque, Hymayun Moazzam, Nayeem, Dilwar, Saleh,Noor Ahmad, Sahidul, Ahmodul, Bahar & Nashir, for their kind help. My deep sense of thanks are due to all my room partners and hostel fellows.

I am also thankful to the staff of the Law Seminar and Tribal Research Institute, Gauhati, Assam, for making the relevant literature available to me. I very earnestly express ray thanks to Mr. Ataat Husain, Faculty of Law, for typing out this work efficiently.

Department of Law Md. Kurshid Alam Mazumder Aligarh Muslim University Aligarh. Dated : 21/10/1991 G 0 N T i: K T S

I'^ge No.

INTRODUCTION 1 - 19 i) Geographical Location and Population of Bodos ii) Who are the Bodos iii) Cultural Life iv) Source of Livelihood v) Bodos Religion

CHAPTER-I SOCIO-ECONOMIC BACKGROUND OF THE 20 - 33 BODOS

(A) Position before Indpendence (B) Position after Independence

CHAPTER-11 ORIGIN OP THE BODO MOVEMENT AND 34 - 65 THEIR DEMANDS i) Beginning of the Agitation ii) Negotiation with State and Centre

CHAPTER-III; CONSTITUTIONALITY OF THE BODO 64 - 81 MOVEMENT

i) Constitutional Principles and formation of Ifew State ii) Constitutional Provisions relating to the Scheduled and tribal areas iii) Constituent Assembly and the issue of tribals iv) Assam Accord and the tribals of Assam

contd . — 2/- Page No • v) Aasajn. Accord - Memorandum of Statement vi) Attitude of A.A.S.U. and Assam Accord

CONCLUSION 82-89

BIBLIOGRAPHY i-iv s

O

Ci. f- c; D >H M C t—I S£; CO. - c ai to i«i 00 0'; §g M t-H oo oin « OhJ w £5 o O e^ g 10- tq H EH o -«; C\J >X) P-, ^ M /-~\ S; p: M 1-1 KJ W 1—1 C E-pq El fe^:? ^i^ o W t) M E-( Aj M ir: fe ^5 fr. r -, p:: O « :=) PNiJzjpqpci^c o ->; O ^-. t.:. PC 1 . I . .^—I CO 5 INTRODUCTION

In the-early part of the twelfth century the fall of the Palas from power was followed by period of confusion and anarchy and it was continued all throughout of this century. In the thirteenth century A.D. there were the 'Chutiya' and the 'Kachari' and the ahom kingdoms inhabited in the eastern part of the Assam, In the west side the kingdom of 'Kamrupa' or 'Karaata' was inhabited. Both the 'Chutiyas' and 'Kacharig' belong to the Bodo group people. Generally speaking the 'Kamrupa' kingdom situated at districts Kamrup, Ifelbari, Borpeta, Kokrajar, Dhubri, Goal Para, Koch Bihar, Jalpaiguri, Rangpur and part of Myraensing (at present in Bangaladesh), wher.e the present Bodo people mainly are inhabited.

The Ahoms invaded Assam in the year 1228 AD across the Patkoi ranges. The local Mongoloids of Bodo origin first encountered them. The mongoloids of Bodo origins are mainly the 'Chutiyas' and 'Kacharis' who ruled in the north eastern part of the country, but ultimately overcame thera and succeeded in establishing their dominion over a major portion of eastern Assam. Naturally, the Ahom rulers came into conflict v/ith the

1. Dutta Debabrata, "History of Assam", Sirbhumi Publication:: Co., Calcutta, 19SG, p. 43. 2 . Ibid at D. 49. 2

Karata rulers during 1332-64 and 1397-1407. At the same time by the sixteenth century A.D. the Kamta rulers divided into small partaand in its place a Mongoloid Bodo kingdom known as Koch kingdom came to power. The Koch kings prevented the Ahoras from spreading their pov/er in western Assam during the greatest part of the 16th century. The Koch kingdom fragmented in the 17th A.D. The Mughals conquered the western part while the eastern part was controlled by the Ahoms. Commentator Chatterjee explained in the 'History of Assam' that the history of Assam from 1250 to 1700 A.D. to some extent was similar to the history of a struggle between the original Indo Mongoloid

inhabitants of the country (mostly Tibeto Burman Bodo) and the newly arrived (sino Siamese) Ahoms who belongs to a distant branch of the same Sino Tibetan Stock Out of this struggle between the Tibeto Burman Bodo and the Sino Siamese or Thai Ahom, the Ahoms emerged Victorians. But by the time of this final truimph the Ahom and the Bodo had both lost their nerve as independent people - they had both lost their language or were fairly advanced on the way to lose it and had emerged into a 4 single Aryan Assemese speaking people in Assam.

GEOGRAPHICAL LOCATION AM) POPULATION OF BODOS

Without dealing with the geographical location of the Bodo people, the origin of the Bodos can not be clarify easily. So, geographical location of the Bodos occupies vital importance.

3. Supra n. 1 pp. 48-49. 4. S.K. Chatterjee "Kirata Jana Kirti", Asiatic Society of Bengal, Calcutta 1951, pp. 102-103. Assam is a land of multi-cultural people. These multi cultures have been from prehistoric period. The people of different races had entered in Assam and lived there. As a result the Assam became the meeting place of various types of people and culture.

In the Brahmputra valley of -A-ssam, we find Aasemese speaking Hindus and Muslims, the various tribal groups who are known as plains tribala and who speak their own tribal languages along with -Aasemese, the Bengali speaking Hindus and Muslims and tea-garden labourers. The tea-garden labourers comprise of ^original people like Santhal, Munda Kol and some are of

Dravidian stock. However, the population of Assemese speaking

Hindus of -A-ssam valley do not constitute a homogenous group, because it includes the mongoloid Ahoms and Hinduised Koch -

Rajbanshis. But it should be remembered that there has been a considerable intermixing between these various groups of people throughout the ages. Beside that in the Barak valley we find Hindu and Muslim who speak Bengali language, Manipuris and tribal groups are also there. Manipuris and tribal groups speak their own languages. In the two hill districts Karbi and

Dimasa Kachari tribes people are living. These two districts are known as Karbianglong and Half-long Districts. Thus, the

Assam is a room for multilingual and multiethnic population.

POPULATION OF THE BODOS

The following table shows the tribal population in the plain areas of the Assam according to 1971 census. But the 4 3odo leader have some objections on these figures arxl they made the statement that "Lakhs of tribala had been dropped out from their respective tribes with International Adminis­ trative Mamoeuverism, but included as the general Assamese

Table-1 : Scheduled Tribes (Plains) Population of Assam (Census 1971)

Name of the Total P.C. of P.O. to P.C. to S.No Tribe Population S.T. Popu­ total total lation Plains & state Plain Hills Popula- Tribes tion Popula­ tion

1. Boro-Boro 610459 45.41 37.99 4.17 Kachari 2. Miri (Missing) 259551 19.31 16.15 1.77 3. Kachari includ­ 1.36 ing Sonowai 193619 14.77 12.36 4. 2abha 138630 10.31 8.63 0.95 5. Lalung (Tiwa) 95609 7.11 5.95 0.65 6. Deori 2 3 080 1.72 1.44 0.16 7. Barman3 of Coch ar 13210 0.98 0.82 0.09 3. Mecb 2570 0.19 0.16 0.02 9. Hojai 2298 0.17 0.14 0.02 10. Ha j 0 ng 387 0.03 0.02 0.00

Total 1344413 9.19 Source : G.C. Sharma and Thakur "The Plains Tribes of Assam Spatial Pattern of clustering and Concentration" in Bulletin of the Tribal Research Institute, Assam, Gauwahati 1983, p. 26. people. According to All Bodo Students Union the total population of the Bodos is 51,50,000. The following table

5. Memorandum, "Why Separate State", submitted by All Bodo Students Union to the President of India, the Prime Minister of India and Union Home Minister, p. 11. is given by Boio leaders in their Memorandum.

Table-2 : Bodo People of Assam, 19S6 (iistiinate done by the All Assam Bodo Students Union)

Name of the [tribes Total Population

Boro Kachari 40,00,000 Rabha 4,00,000 Sonov/al 2,00,000 Lalung 2,00,000 Deori 1,50,000 Dimasa 1,50,000 Garo 15,000 Barman -15,000 Hajong & Hojari Kochari 2 0,000 (completely Asaamised and as such their figures could not be known)

Total Bodo Groups' Population 51,50,000 in Assam

Table-3 : State-wise and Country-wise Total Population of Linguistically Bodo Group of People (?)

Name of the State/Union Total Population Territory/Country

Assam 51,50,000 Meghalaya 5,00,000 Tripura 7,00,000 West Bengal 40,000 Nepal 10,000 Nagaland 15,000 Bangladesh 5,000 Table contd

6. Supra n. 5 at p. 13. 7. Supra n. 5 at p. 14» Bhutan 2,0,.'0 I'a.' u n a c h a 1 Pv'\ d e G h 2,01)()

According to Bodo Leader the 64,24->000 total Bodo Groups of popula­ tion throughout the country

According to All Bodo Students Union (hereinafter referred as A.B.S.U.) pamphlets, Linguistic Survey of India and Comparative Study of 1971 Census and also from the local studies in various districts and sub-divisions of Assam the distribution of population in Assam can be estimated as follows o on 1981 Census. They also say that there is no surity of correctness regarding the exact population but the figure is only taken as approximately. Table-^ : Population of Assam as on 198'1 (Estimated by Bodo Leader)

Total 2,25,00,000 Muslims 40,00,000 Bengalis 33,00,000 Tribals 64,00,000

Others 83,00,000 Among Others 25,00,000 (Tea Garden v/orkers and Family members Santab/Munda, Qraon Adibasis) Nepalis 6,00,000 Rajbagsis 5,00,000 Other General 52,00,000

Source : Collected from A.B.S.U. Pamphlets, p. 11.

8. Supra n. 5 P. 11. Total Non-tribal Population 1,61,00,000 Percentage of Tribal Population 23.51

Diatrict-wiae break-up of Bodo Population in Assam

According to the A.3.S.U. the Bodo people are residing 9 over 14 districts of the whole State of Assam.

Kokrajhar 6,00,000 Dhubri 3,00,000 Goalpara 3,35,000 Barpata 4,00,000 Nalbari 4,50,000 Kamrup 3,50,000 Pragjyotispur 10,000 Darrang 5,00,000 Sanitpur 4,00,000 Lakhimpur 4,00,000 Nagaon 1,00,000 Karbi Anglon 1,00,000 Jorhat 50,000 Sibsagar & Dibrugar 5,000

Total Bodo Population in Assam 40,00,000

About the development of the movement the A.B.S.U. pamphlet declares, 'The Bodos are the largest plains tribal in Assam. In Assam, the population of Bodos alone is forty lakhs. Incidentally, the Bodos are politically moat conscious plains tribal in Assam and as such they are pioneering the movement for

9. Supra n. 5 at p. 11. 8 the salvation of all down-trodden plains tribal people of Assam,

It is on the basis of this background and awakening the demand 10 for a separate state is being proposed by A.B.S.U.

The proposed 'Bodoland' area according to A.B.S.U. will include the whole area of Kokra^har district, northern parts of Dubri, Kamrup, Goalpara, Nalbari, Barpeta, Kaffl^up-, Darrang and Sanitpur districts, the whole of the Lakhimpur district and

Majuli area of Jorhat and Sodia of Dibrugarh districts. The area of the proposed state will be 25,478; 1 sq. km. with 70 per cent 11 tribal population which is claimed by A.B.S.U. According to

1971 census the plain tribal population of few districts is given 12 below :

Kokrajhar District 28.67 per cent Darrang " 15.40 " Lakhimpur " 28.78 " Barpeta " 7.97 " Nalbari " 14.34 "

All the districts shown in the table are situated on the northern bank of Brhamputra falling in the area of proposed state of A.B.S.U,

The percentage of plain tribal do not exceed 30 per cent in other parts of the state.

10. Divide Assam Fifty Fifty, A.B.S.U. Pamphlet, 23th August 1987, p. 13. 11 . Ibid. 12. Statistical Hand Book : Assam, Directorate of Economics and Statics, Government of Assam, Gauhati, 1984. 9 Area of Proposed Union Territory (Estimated by A.B.S.U.)

Area to be included in District/Sub-Div. Present Area proposed Union Territory Sq . Km. Sq . Km.) Kokrajhar 4,716.5 4,716.5 Dhubri 2,745.5 1,372.7 Goalpara 2,843.8 710.s Barpeta 3,307.3 1,653.6 Nalbari 2,022.8 1,111.4 Kamrup 4,625.9 1,155.2 Darrang 3,465.3 2,752.3 Sanitpur 5,255.2 4,204.2 Lakhirapur 5,646.4 5,646.4 Mazuli 1,241.0 1,241.0 Sodia 914.0 914.0

Total - 25,473.1 Source : Memorandum 'Why Separate State* submitted by A.B.S.U. to the President of India, the Prime Minister of India and Union Home Minister, p. 21

According to A.B.S.U. the total area of present Assam is 73,523.0 sq. km. The area to be included in the proposed union territory has been shown district-wise and sub-division-wise in the following table. The whole area of Kokrajhar district, northern parts of Dhubri, Goalpara, Nalbari, Barpeta, Kamrup, Darrang, Sanitpur districts have been included in the proposed 13 union territory ^, by the help of this table, it can be easily clear. They also add that the area of the proposed union 13. Supra n. 5 at p. 21 10 territory extends from Sankosh river near Sarirampur on the west to Sadia on the east covering the major areas in the north Bank of the Brhatnputra of Assam. To the north boundary of the proposed union territory v;ill be V/est Bengal, to the south - Assam and to the East Arunachal Pradesh. The east and v/est length of the proposed union territory is about 7OO kilometers 14 and the north-south average width is about 36 kilometers. The area of the rest of Assam is 55,044.9 sq. km.

Who are the Bodos

The Bodos are the original inhabitants of Assam. Accord­ ing to All Bodo Students Union (A.B.S.U.) release "Bodos migrated to Assam at about 5,000 B.C. from Central Asia such as China, Mongolia,Tibet and Siberia. Bodos are one branch of Great Mongoloid stock. 15

The word 'Bodo' has two different connotations. According to ethnologists 'the term Bodo covers a number of tribal popula­ tion. In fact it encompasses the majority of the scheduled tribes in the plains of Agsam. Severally, the word 'Bodo' was given to the group of people who live on the north bank of the Brharaputra valley. V/hen we use the term Bodo in a broad sense it includes many plains tribes of Assam who, it is believed once spoke same

14. Supra n. 5 at p. 21 15 . Ibid at p. 5 . 16. O.P. Mukherjee & S.K. Mukherjee "Contemporary Cultural and Political Movements among the Bodos of Assam", S. Singh (ed.) Tribal Movement in India, Vol. 1, Monhar, ifew Delhi, p. 253. It language and are of the same origin. However, with the passage of time they were separated from one another. On the basis of language and culture and came to be known as different in different parta of the state'. 17

Dr. N.M. Acharyya explains their origin in these words - "The Kacharis are the earliest known indigenous inhabitant of Assam. They are known under different names in different places ages throughout the north eastern corner of the Indian sub­ continent. In Goalpara and north Bengal, they are called Mech and in north Cachar Hills Dimasa. In the Brhamputra valley the Kacharis call themselves Bodo or Bodo fisa (sons of the Bodo; they were known to the Ahoms as Timisa, clearly a corruption of

Dimasa and therefore, this name must applied to them when they 1R were ruling the Dhansiri valley*.'

'^In addition to the Kacharis proper Dr. Endle has classi­ fied the following tribes of Assam within the fold of the great Bodo race, Rabha, Mech, Dhimal, Koach, Solanimiyas, Mahaliyas, Phulgurias Saraniyas, Dimasa, Hojais, Lalungs, Garos and Hajongs. 'To these' says Mr. Endle "may be added one or two smaller communities e.g. the Morans and the Chutias in upper Assam, whole language, not altogether extinct as yet though apparently dying out rapidly, would seem to prove them to be closely akin to the Kachari (Bodo) race". 1 Q There are other

17. Supra n. 16 at p. 26 13. oupra n. 5 at p. 5. 19. oupra n. 5 at p. 5. 12 plain tribals like the Heches of Goalpara distrioo, the chutias of Lakhimpur and Dibrugarh districts. The Hojai the Hojang, the Deori of -^sara valley, and the Barraans of Gachar are also belongs 20 to the Bodo originals,though every tribe has its own language.

All these groups have their own language, although they have forgotten their own language and the Assemese language has been treated as the mother tongue. But the Bodo Kacharis or Bodo Kachari as a specific group along the plains continue to speak their language although majority of these people are multi- lingual speaking both the mother tongue and Assemese2. 1 Sir E. Gait writes, "Having regard to their wide distribution and to the extent of country over which Bodo languages of a very uniform type are still current, it seems not improbable that one time the major part of Assam and north-east Bengal framed a great Bodo kingdom and that some at least of the Mechchha kings mentioned in the old copper - plate inscriptions belonged to the Kachari or vsome closely allied'1. 22

Cultural Life

The origin of the Bodo people of Assam is introduced with their cultural life and their social set-up. From the pre­ historic times Assam is a land of diverse cultures. Different races of people had entered in Assam and inhibited there. As a

20. Supra n. 1 at p. 254. 21. Supra n. 1 at p. 6 22. Gait, E. (Sir), "A History of Assam". 13 consequence As ;^afn became the inhabitant ground of multifarious people and culture. According to scholars, "the principal races of people that have migrated into it are ; the Austro-Asiatics the Dravidians, the tibeto Burraans, the Mongoloids and the

Aryans.

Rev S. Endle says that the Kachari race were the original inhabitants of Assam and form a large, perhaps the main consti­ tuent element in the permanent population of the Province. He is of the opinion that there were two great immigrates from the north and north east into the each valley of the Brhamputra - one entering north-east Bengal and western Assam through the valley of the Tista, Dharla, Sankosh and founding there what was formerly the powerful kingdom of Kamrupa and the other making its way through the Subansiri, Dibong and Dihong, valleys into eastern Assam where a branch of the widespread Kachari race, 24 known as Ghutias, undoubtedly heldsway for a long period.

According to B.C. Allen, "the Kacharis are a section of

Indo-Chinese race, whose original habitat was somewhere between the upper waters of the Yang-tre-Kiong and the Hoang - ho and who gradually spread in successive waves of immigradition over

23. Hem Barua, "The Red River and the Blue Hill", L.B.S. Publi­ cations, Gauhati, 1984, p. 45; See also Dr. B.M. Das "Ahmor Manuhaprajati Aru Sanskriti" Eti Drishtipat (Assemese) ASSAM Collep;e Teacher Association D.H.S.K*. College, Dribus:rah 1986 . 24. Supra n. 5 at D. 7. 14 the greater part of v;hat is now the Province of Assam", entered 25 by v/ay of Burma.

But whatever that might be, the Kachari or Bodo race, it is evident is a very widely distributed one and exercised their sovereignty throughout Assam in different ages, with different names, and in different places. They are undoubtedly found well, outside the limits of the modern Assam, i.e. in the District of north-east Bengal, Jalpaiguri^ Coach Bihar, Rangpur, Mymensing (Bangladesh) and also in Hill Tipperach, where the language of the people gives decisive evidence that they are of the Bodo stock.

Dr. S.K. Bhuyan is of the view that a strain of Kachari blood may be traced in classes which have passed of as pure 'Aryan', in fact the Kacharis are scattered all over the Brhamputra valley in addition to the so called district of Gachar and even beyond their limits. 27 Bodos in the course of time got themselves well settled socially and culturally were widely spread in Assam, Meghalaya, West Bengal, Nepal and Bangladesh. But they are mainly concentrated in the tracts of the Brahamputra valley under the foothills of Bhutan and Arunachal Pradesh.

25. Supra n. 5 at p. 7. 26 . Ibid at p. 9 27. Ibid at pp. 9-10. 15 Source of Livelihood

It seems that Bodos might have been involved in the primitive form of shifting cultivation prior to advent of Ahom rule in Assam. It is found that 'the bulk of tribal population of upper assam, whom the Ahoms first confronted still carrying on primitive cultivation of dry crops. It v;as the Ahoms v/ho introduce wet paddy cultivation on a large scale. Assam is basically an agricultural state, where the state economy is fully dependent upon agriculture. Ifearly 779^ of the total work- ing force of the state depend on agriculture. 29

Bodos Religion

The Ahoms ultimately adopted Hinduism as their religion. As a result the various tribes living under the Ahoms rulers also adopted Hinduism. But they retained their custom of worship­ ing the pre-Hindu Gods and Goddesses. The Hindus during the Ahom rule, as today, were divided into three sects Saivism, Saktaism and Vaisnavism. The Vaisnavism as preached by Sankarder (I449- 1569) ultimately became the dominant sect among the various groups who adopted Hinduism. The conversion of various Bodo tribes into Vaisnavism continued throughout the History of Ahoms rule and even m later periods.

28. Guha Amalendu - "Land Right and Social Glasses in Medieval Assam", The Indian Economics and Social History Review, Vol. Ill, No.3, Sept. 1966, p. 220. 29. "Peasant Agriculture in Assam : A Structural Analysis", Inter-India Publications, New Delhi, p. 1. 30. Supra n. 1 at p. 145. 16

During twentieth century there appeared a religious movement among the Bodo people of western Assam* This movement was known as Brahma Movement and it contributed a lot towards the social awakening of the Bodo people. But the religious "believe of the traditional Boro Kacharis differ substantially with that of the 'Brahmas' who institute 'Horn Yojna' before the sacred fire in all socio-religious obligations following the tenets preached by Guru Kalicharan Brahma. This section (i.e. the Brahmas) practise Vedic rites like other Hindus and do not resort to appeasement of Gods and Goddesses by sacrificing pegs and fowls and also by offering rice beer. But culturally both 31 the sections do not differ from each other. Effect of the Brahma Movement

The Brahma Movement take a change amongst the Bodo- Kacharis in the pre-independence era. The main aim of this change is to restructure of social system. It seems that the Brahma movement originated as a result of sophisticated conver­ sion policy of the Vaisnava Goseins. It was also against the caste system though it is a fact that "the caste system in Assam had never been as conservative as in northern India. There were clashes between the disciples of Goseins who were known as Suraiya and Brahmas. People of the Bodo community who converted to the Brahma faith were not immediately known by the title 'Brahma'. They v/ere only able to use the name after their

31. The Brahma Movement in Goalpara District, M.G. Saikia, A Seminar paper included in 'Tribal Movements in India' Vol. I, edited by K.S. Singh, Manohar Publications, 1932, p. 243. 17 petition to the Deputy Commissioner of Goalpara, A.G. Lainy was accepted. There was heavy clash to the Bodo Kacharis of present Goalpara, Kokiajhar , Dhubri, Darrang, Nalbari, Barpeta from embaracing the Brahma faith in large number. But these were all overcome. Any way, few members of the Bodo community 33 go on with to follow their traditional religion.

The followers of Brahma faith laid an attempt to reform their society under the stewardship of Guru Kalicharan. They started educational institutions and articulation of socio­ political issues before the Government. Moreover, the disciples of Brahma faith launched monstrus campaign against multifarous social evils prevalent in their society, conventions of students, (Chhatra Sanmilan) women (Mahila Sanmilan) and Bodo Kacharis took place in order to popularise social reforms throughout the Bodo inhabited areas. As an outcome of all these efforts laid by disciples of Brahma faith, an organisation socalled 'Bodo Mahasanmilan' came into existence. This organization started the task of establishing schools, training institutions, board­ ing houses etc. for the upliftment of Bodos. This tenciency of educational development was so vigorous amonf?: the Bodos that they conveyed their Guru to meet the Chief Commissioner of -^sam and Dotoma ..• "The Guru pleaded far more schools in the Bodo pre-dorainated areas. He also requested for the teaching of

32 . Supra n. 31. 33 • Ibid at p. 244. 34. Ibid at p. 245. 18 English language in "the schools of 3odo dominated areas. at Subsequently,/another meeting with the Governor of Assam at Dhubri, the Guru pleaded for a Bodo Regiment from among the Bodo Kaoharis with dual purpose of employment and economic upliftment. Though members of this community were recruited into the army and administration, of course, no Bodo Regiment was permitted to be raised by Administration. Specially in the field of education, 'Brahma Movement' laid greatest effect. This effect ultimately caused to the formation of the All Bodo Sahitya Sabha in 1952 aiming at the cultural and linguistic development of the Bodo Kachari people as a whole. There were literary movement, creative and reformative writings started appearing in the Bodo language. The prominent figures among these literary and reformatory writers and activists were Proraot Brahma Ishan Mushahri, Satis Basumatari, Madaram Brahma, Rupnath Brahma and others.

Now-a-days the disciples of Brahma faith represent the more advanced among the Bodo Kacharis of Assam. The rest section of population still follow their tribal religion or have embraced christinity. However, many puritarian injunctions of Brahma faith do not find place in the day-to-day life of many Bodos. Many converted Brahman's have started resumption of practices which they originally contained prior to the adoption of Brahmaism. These may perhaps be the result of cultural contact.

35. Supra n. 31 at p. 246 36 . Ibid 37. id_^ at p. 249. 19

Thus, the Brahma Movement among the Bodoa paved the v/ay for a separate identity of Bodo Kacharia in the pre- independent Assam. The fact note here is that instead of adopting the Vaianaism of Shankardeva, which was the major religious cult among the Assamese people, the Bodos were blessed with their own Brahma Movement, thereby maintaining a separate identity even though they remain within the clip of Hinduism. 20

CHAPTE3-I

SOCIO-ECONOMIC BACKGROUM) OF THE BODOS

In the preceding chapter the origin of the Bodoa, i.e. who are the Bodos, their geographical location and population, their culture and religion have been discussed. In this chapter an attempt has "been made to highlight the socio- economic background of the Bodos.

I) POSITION BEFORE INDEPENDEICE

We find the tribal communities of Assam became active during the past of the twentieth century. The plain tribals particularly the Bodos played a leading role in this period. The political restlessness became more important after passing the Government of India Act, 1935. Gohain points out "apart from re-inforcing earlier divisions between Hindus and Muslims the 1935 Act succeeded in mobilising depressed castes in electoral confrontation with caste Hindus. The joint electorate with reserved seats failed to extinguish the fires of communal passion. But the more important point is that the greater degree of self

1. H.N. Gohain, Assam ; A Burning Question, Gauhati, 1935 p.46. 21 government permitted under this Act in the Province made elections and electoral prospects a very serious matter indeed. The Aaaarn Legislative Assembly had in 1937, 47 general seats, 34 muslim seats, 9 european seats, 5 hill tribes seats and 5 2 labour seats.

In the year 1937 a general election was held in Assam along with the whole of the country. This election was completely based on Government of India Act, 1935. In that election Sir Mohammad Saadullah formed the Ministry with the support of tribals and other groups. Sir Mohammad Sadullah was the leader of the muslim group in the State Assembly of Assam. In 193S, under the leadership of Gopinath Bordoloi the first Congress coalition Ministry was formed with the support of tribals. The Congress Ministry resigned in 1939. During the time of Second World War (1939-45) Mr. Sadullah headed various ministries in the State. After the 1946 election again Congress coalition ministry was formed and this time with the support of tribal leave on the assurance that the Congress will make legal and administrative arrangements to safeguard the tribal interest. The Tribal League was formed in the year 1930. This tribal league helped the tribal people to produce their grievances and played the vital role in politics before independence.

2 . Supra n. 1. 3. Political History of Assam, Vol.11 & HI, p. 328, 357 and pp. 311-317 22 II) POSITION AFTZR IMJEPENDENCii:

After independence the tribala of Assam got many hopes. The reason was that there were various safeguards remained unimplemented. The provisions of the Sixth Schedule of the Constitution of India which deals with a short of autonomy for tribals faced problems. The problem was that various tribal groups were dissatisfied for the non-implementation of various 4 safeguards to protect their cultural and economical rights. According to A.B.S.U. pamphlet "the educated tribal youth felt that they had been left out in the cold as the Asgemese cornered the lucrative jobs and monopolized administrative power .... tribal land was given away to refugees from East Bengal .... culturally the Asaemese embarked on a rash and insensitive policy Assamisation. The Official Language Act of 1960, was to be the great watershed dividing the tribals from the caste Hindu 5 Assemese". The Official Language Act of I960 which deprives the Bodo people from their linguistic right. According to Section 3 of the Assam Language Act "Assamese shall be used for all or any of the official purposes of the State of Assam" . On the basis of this Section we may clear that there is no scope for declaring Bodos Language as an official language of the Bodo inhabited area, whereas for the Bengali people of Gachar district there is separate Section namely Section 5.

4. H. Gohain, Tele.^raph Calcutta, 3rd Jan. 1930. 5 . Supra n. 1 . 6. y.K. Dhawan, North Eastern Regional Local Acts & Rules (2nd ed.) Vol.U, Assam Official Language Act I960, p.4-9. 23

AccordiniT to 1961 ann I97I Census the Schednle Tribe (plains) were distributed on the basis of their occupation The table-A in this regard is given below :

Table-A

Occupational 5 Percentage of Workers to Total Categories 5 Workers All Assam Plain Tribal3 j 1961 1971 1961 1971

1 . Agricultural 3.6 10.1 3.5 8.4 Labourers 2. Cultivators 63.3 55.1 83.2 83.4 3. Mining, Foreaty, 10.8 11.6 1.6 0.6 Fishery etc. 4. Household Industry 5.8 1.4 9.2 0.6 5. Manufacturing other 2.6 2.8 0.2 0.3 than household industry 6. Trade & Commerce 3.7 5.8 0.2 0.7 7. Construction 0.8 1.0 0.1 0.3 8. Transport, Communica­ 2.5 0.1 0.6 tion etc. 1.5 9. Other Services 4.7 1.8 5.2 7.9

Source - Economic Times, Ifew Delhi, dated 6th January, 1976

Economic Condition of the Tribals

The economic condition of the tribals is fully dependent upon agriculture. So, the tribal economy is originally agrarian in nature. About 85 per cent of the workers being engaged in primary sectors as against 66.69 per cent for the Sta^e as a whole. According to the 1961 Census about 96 per cent plain 24 tribals receive their livelihood from agriculture, about 6.2 per cent workers engage themselves in household industries and other works. According to 1971 census about 92 per cent people are engaged in agriculture. The difference between the two census report is that in 1971 the per centage of agricultural labour decreased from 3.5 per cent to 8.4 per cent.' The table-A gives a clear idea about the occupational pattern of Bodo tribal who established one of the major plain tribal group of Assam. However, the word cultivator which is used here to describe occupation pattern is somewhat complexed, because it may include cultivators as share-croppers or as lease-hold tenants. This does not indicate any idea about the ownership of land. A reoort from newspaper is that as many as 60 per cent of the 8 Bodoa and other plains tribals are taken in the landless category. According to All Bodo Students Union, 70 per cent of tribal families are landless today. For better understanding it would be better to discuss the land holding pattern and land alienation 9 problem of Assam. Land Holding Pattern among the Bribals

The land holding pattern of Assam among the tribal group which hampered the tribal economy. This land holding pattern is not sufficient for livelihood of the tribal people of Assam.

7. Tribals in Assam Plains "Economic Times, Jfev/ Delhi, 6th January, 1976 . S. Pr-ason Sonwakar, Land Alienation is the main Problem for Bod OS, Times of ImJIi, JMew Delhi, 23rd J^'ebruary, lyay. 9. Why Separate State, A Memorandum submitted by A.B.S.U. to the President, the Prime Minister and the Home Minister of India, dated 10th Nov., 1931. 25 Acoor-iing to the Tribal Bench Mark Survey, 197B conducted "by the Directorate of Economics and Statistics, Government of Assam in the tribal inhabited area clarify an idea about the classification of the number of households on the basis of class, size of the land (holded) acquired in that area. In these Surveys, M.C. Saikia says that "though these figures do not exclusively speak about the tribal households, nonetheless, the tribal population constitute 53.06 per cent of the total project area population. It is, therefore, presumed that the appended table will reflect the size class of land possessed by majority of the tribal households in the project area. 10

Table - B

Size Class of Land Possessed Number of Percentage of (in Hectares) Households Total 1 . Be1ow 1.0 12,183 43 2. 1.0 to 5.0 15,222 54 5. 5 to 10 and above 856 03

Total 23,266 100

This table indicates that 43 per cent of total families of the project area have a land holding below 1 hectare and 54 per cent the total families of the project area have land holdings between 1 hectare to 5 hectares. 11 Since it is remarked that "in the present agrarian conditions of Assam, 4 hectare size is t'lken as

10. M.G. Saikia, Bulletin of the Tribal Research Institute, Assam, Vol. 1, Wo. 1, 1983. 11. Supra n. 9 at p. 80. 26 the marginal level, beloiAi which a peasant family lives in a sub-marginal or subsistence conditions. So, we can conclude that at least 60 per cent of the total families of the project area have land-holdings of sub-marginal level, as cited in the table-B. Thereupon, agriculture as a profession became a danger for the tribals and agriculture provides only permanent activity but with low level of economic support.

Apart from different land reform policies, land in tribal areas concentrated in the hands of a few people. -A-ccording to report, "a Survey of rural economic conditions in Darrang, one of the districts severely affected by the recent A.B.S.U. strike, conducted way back in the mid fifties when Indian was about to complete the first phase of land reforms legislation revealed much to the dismay of the policy makers how only 4.2 per cent of the total house-holds cornered 22.4 per cent of the total cultivable land".^^

Land Alienation Problem of the Bodo Tribals

Another problem for the Bodo tribals is the land aliena­ tion from the original tribal owner. The plain tribals enacted an Act in 1947, after so much pressure to the Government. Quot­ ing from an article entitled "Land Reform of Assam" published by the State Directorate of Publicity in 1953. -According to which in 1947, the following the land settlement policy laid down in 1945 July Resolution, an Act was passed to form what is knov/n 12. Frontier Calcutta, "Bodos Interment", Vol. 21 No. 28, 1989 p. 2. 27 as tribal belts and blocks to ,";ive adequate protection to the backward tribal communities from the onslaught of the more advanced, aggressive and speculative element of society" .

The process which is followed in constituting these tribal belts and blocks is like as the majority of the population of that locality must be tribals. The non-tribals can not receive any land from the tribals or blocks of that locality. The transfer of land to the non tribal is not permissible.

Dhebar Commission

However, these measures are not appropriate to check the alienation of tribal land. One famous Commission known as U.N. Dhebar Commission in the year 1960-61 observed that the Constitution of the tribal belts and blocks did not provide adequate protection to the tribals from the pressure of the non tribals. It is also stated that the provisions were not well publicised among the people for whose benefit they were formulated. Moreover, the guardians of the land in whose hands the responsibility of implementation of these provisions lay, were not willing to implement them sincerely. The Committee also suggests 'to cancel the illegally alienated land pattas and restore back to the original land owners in the case of tribal belts blocks with retrospective effect from 26th Jan., 1950 but now where it has been implemented'. 1-^ ^

13- ficonomic Times, 14-th September 1975, Ifew Delhi. 14. Ibid. 15. 3upra n. 9 at p. 46. 28 We know various examples of land alienation from the tribal people both by public and private agencioa. There are a large number of unauthorised occupants of tribal land, the committee observed 'no action has been taken against them, as provided under Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, in any circle, within the long period of 25 years or so, since the creation of the tribal belts and 1fi blocks'. The Committee also found the Assam Government guilty of using 1000 of Bighas of land in so many tribal blocks and belts for different works. The instances are given - the Bijni Tribal Block in Kokrajhar district; the South Kamrup Tribal Belt (this is the site where the present capital complex Dispur is situated). In this capital complex evicted 10,000 families of tribals who never receive any compensation or substitute land.'''''

There are so many encroachments of land in tribal areas. In the time of 1983 election in the State of Assam, the encroach- 1 R raent of tribal lands led to violent activities. The nev;s- paper observes that 'in Bijni tribal block in Goalpara district (presently Kokrajhar district), most of the 2,000 odd hectares of land unless encroachment is with Muslim immigrants. In Goreshway (Kamrup district) and Kalaigaon circle (Darrang district) the encroachers were mainly Hindus'. Whereas under

1 6. Supra n. 9 at p . 46. 17. Ibid. IB. Ibid. 19. Indian Express. 17th March, 19B3, l^few Delhi - "Assam Tribals: Time to Heed V/arnint^s". 29 Darrang district in the area of Gohpur reserve forests the *U A 1 20 encroachers were the Assamese people. Urbanization also hampered the tribal economy. There are so many tribal inhabited area within the peripherry of

Gauhati which is now urbanized. According to PTI, 'the villagers

originally depend on agriculture mainly cash crops for their

livelihood, but the accellerating process of urbanisation wit­ nessed by the city since 1970, has gobbled up all the available

agricultural land in the villages reducing them to the category

of wage earners There are about 500 women in these villages, who were earlier gainfully engaged in their lands. While the men-folk converted themselves into daily v;age earners, custom

and traditions prevented the women-folk from going out to earn a living. As a result, the living conditions of the villagers

have deteriorated over the years to object poverty from a condi- 21 tion of self sufficiency."

Encroachment of Land and Tribals

The condition of tribals could not be improved, as there are sufferings like before. Mr. Thaneshwar Boro, the Revenue

Minister of Assam has recently admitted that 2 lakhs 13 thousands and 40 bighas of land in tribal belts and blocks are under the 2 2 illegal possession of non-tribal encroachers. Commenting on the eviction of the tribals by A.G.P. Government from forsst

20. 3u:;ra n. 19- 2l-» Hindustan Timeg, New Delhi, 15th July, 19SB 22. Supra n. 9 at p. 45• 30 land encroachments by the tribal ^.T.C.A. leader Mr. Samar Brahama Chaudhury says that 'instead of evicting foreign nationals, one of the first acts of the A.G.P. was to evict tribals living in reserve forest areas. Traditionally, these forests are integral parts of the tribal areas. When our people are pushed out of tribal belts and blocks by non-tribal, where else can they go? They can not go to urban areas which impose on them an alien pattern of life The conservation of forests is inseparably linked to the protection of tribal belts and blocks. If the tribals can be contained in these belts and blocks and provided with schemes or means to support their families. They have no desire to leave their homes and 23 hearths. The A.G.P. Government started eviction of encroachments from the forest areas in 1986-87. The Government Statistics put the total number of tribals evicted as 14,000. But Mr. Upendra Math Brahama, the then President of A.3.S.U. said in an interview that the number of evicted tribals were 24,000 .... He also said that all evicted tribals were nov; on the street without any rehabilitation. Elephants and the State Police Forces were used for 'operation eviction' after which their houses were destroyed and gutted .... now A.B.S.U. had mobilised the tribal masses to resist the eviction operation physically as the centre was also 'silent', said Mr. Brahama.

23. Indian Jlxpress. 13th July, 19B0. 24. Patriot, 5th February, 1987, New Delhi 31

Role of the State Government Towards Tribal Land Alienation

The role of the previous governments (Congress) as well as present A.G.P. Government appears to be same. Both these governments never take any action against the illegal encroachers in the tribal lands. The State Government of Assam tried to legalise such encroachments through various legislative measures. According to newspaper report 'what has caused tremendous appre­ hension amongst the tribals is yet another amendment to chapter X by the Bill of ^saam Land and Regulation (Amendment) 1980. This was promulgated through an Ordinance of the President of India in December 1931. By this amendment, the Scheduled Castes groups of Assam, as also the immigrant Bengalis already settled on tribal blocks and belts, will recognised as legal owners'. The P.T.C.A. 25 leader I^tr. Samar Brahama Choudhury alleges 'another immediate provocation to the tribals is the AGP's attempt to declare 29 groups other backward classes and 90 groups most other backward classes. It is seeking to offer protection to Assemese belonging to the general castes who are engaged in cultivation and have settled in tribal blocks and belts before January 1, 1936 to enable them to remain there. By amending the provisions of Chapter X of the Assam Land Revenue Regulation Act, 1336, it is seeking to disinherit the tribal of 50 per cent of their tradi­ tionally ov;ned land and legitimising its occupation by non-tribals. Of this latter category, half are the ethnic Assemese origin, while

25. Indian iibcpress. New Delhi, 22nd September, 1935 32

the other half are immigrants Bengali Muslims (who are known to V ^ • ^ 26 be Ioreigners).

Job Opportunities for Tribals

The Job opportunities in Assam are deteriorating day by day. In the year 1939 the registered unemployed persons were 4,89,046 but in 1937 it goes up exhorbitantly to 8,48,485. V/hen the A.G.P, Government catoe into power during the period December 1985, the number of unemployed persons v/as :6,03,552 out of this only 5241 got job. In 1987 the number of jobless persons increased to 8 lakhs whereas only 447 persons got job during that year. The reports of the present government indicates 27 a gloomy picture in general employment. A.B.S.U. thus, observes 'job opportunities are also another most vital factor for demand­ ing a separate state. In Assam, only 10 per cent job reservation is provided for plains tribals .... again, allocation and appoint­ ment of jobs are given on the basis of political party and commu­ nal lines. So, 3odo medium students and youths are not given state government jobs on the plea that they do not know Assemese large backlog of 3.T. reserved jobs are lying vacant till today. V/henever, separate state is created not less than 70 per cent people (tribals) will get job'. "^

The constitutional provisions for reservation of jobs for tribals has failed to provide necessary employment opportunities 26 . Interviev/ of Samar Brahama Ghaudhury by RUD a Chinai. 13th July 19S6. 27. Ajkal, Bengali Daily, 19th T-Iay, 1933, Calcutta. 23. Supra n. 9 at p. 47- 33 to the plains tribal of Asoam. This is evident from the large backlog of past reserved for Scheduled Castes and Tribes. According to Assam Tribune, 'the backlong of pasts reserved for Scheduled Tribes (Hills and Plains) and Scheduled Castes under the Assam Scheduled Tribes and Scheduled Tribes Reservation Act 1978, has mounted to 11,243 pasts.^

Table-G

Background of Posts Reserved for the Scheduled Castes and Scheduled Tribes in Assam, 1988

This backlog as discussed by the Minister for Welfare of Plain Tribals and Backward Glasses (Sri Thaneshwar Boro in Assam State Assembly)

Category/Class S.T. Plains S.T. Hills S.C

I 409 316 285 II 287 404 139 III 3549 2496 1032 IV 1192 911 124

Total 5534 4129 1580

Source : AssaT; Tribune, 27th I-krcb, 1988, Gauhati.

29. Supra n. 9 at p. 47. 34

CHAPTER- II

ORIGIN OF THE BODO MOVEMERT

In the previous chapters we have discussed the origin and socio-economic background of the Bodos. Here we will discuss the origin of the Bodo Movement, causes for agitation by the tribals, their demands and present position of the movement.

The Bodo Movement came into force on 2nd March, 1987 by the All Bodo Students Union (A.B.S.U.)* The A.B.S.U. was formed in 1967 at Kokrajhar district of Assam contemporaneous with the formation of the Plains Tribals Council of Assam (PTCA) - a regional political party of the tribals of Assam. In the year 1986 there was a split in the members of A.B.S.U. and the majority of them preferred to follow the guidance of Mr. Upendra Nath Brahma, who in fact carried on Bodo Movement and this section came to be known as A.B.S.U. with Mr. Upendra Ifeth Brahma as its leader.

The A.B.S.U. presented 92 points of demands to the Chief Minister and Governor of Assam. Amongst all the 92 points demands, 3 generated much opposition from the State Government. A brief of 92-point demands are given below : 35 1 . Immediate implementation of Bodo as Associate Official Language in Kokrajar district and Udalgari Sub-division.

2. Extention of Bodo as Aasociate Official Language in other districts of Assam.

3. Central University at Kokrajar should be established.

4. Provincialisation of L.P. and M.E. High Schools in the tribal areas.

5. Appointment of Bodo medium teacher in the school and colleges.

6. Regular publication and distribution of Bodo text-books.

7. Free distribution of text-books, food and clothing to the tribal students of L.P., M.E, and M.V. schools.

8. Installation of major educational institutions such as Government Medical College, Government Engineering College, Vetenary Science College and Government Ayurvedic College at Kokrajar district.

9. Installation of Indian Institute of Technology at Kokrajar.

10. Protection of Tribal Belts and Blocks and creation of nev; ones.

11. Creation of a separate Directorate for Plains Tribal education with separate financial budget provision.

12. Introduction of Bodo MIL subject in M.A. degree in Univer­ sities . 36 13. Inclusion of Bodo in the Sth Schedule of the Indian Constitution. 14. Inclusion of Boro Kacharis of Karbi Anglong and N.C. Hills autonomous districts into the 6th Schedule of the Indian Constitution. 15. Appointment of Lecturers for Bodo MIL in Colleges. 16. Introduction of Honours courses in Bodo MIL subject at degree level. 17. Retention of English as a medium of instruction in Colleges and Universities of Assam. 18. Introduction of Bodo MIL subject in the colleges of Dibrugarh and North-eastern Hills Universities. 19. Establishment of Agriculture College at Udalguri. 20. Construction of tribal hostels at Gauhati, Shilong, Kokrajar and Tezpur. 21. Enhancement of Scheduled Tribes Scholarships and its regular distribution. 22. Installation of Technical and Polytechnics institution in tribal areas. 23. Introduction of English medium in XI and XII classes in Higher Secondary Schools. 24- Installation of AIR Station at Kokrajar. 25. Increment of S/T reservation seats for admission into educational institutions. 26. Increment of Scheduled Tribes reserved quot^ in government services and fulfilment of its backlog. 37

27. Iirtroduction of Bodo language as optional subject in A.P.3.C. sxarninatlona. 28. Recognition and implementation of Bodo as one of the regional language subjects in U.P.S.C. and other civil services examination. 29. Reservation for S.T. in research works. 30. Interviews in Bodo medium in the posts of Clerks, Peon and Choukidars etc. 31. Re-organisation of the "boundaries of the new districts of Assam. 32. Introduction of Bodo MIL in the Colleges of Gauhati. 33. xo import adult education through Bodo medium. 34. Control of Price Mke. 35. Food for work programme for rural people. 36. Loans and grants in aid to the unemployed tribal youths. 37- Exemption of tribals from the compulsory possession of permanent residential certificate in case of holding government service etc. 3S. Production of documentary films in Bodo. 39. Nomenclature of Bodo revenue villages in Bodo. 40. Proper census of Bodo population. 41. Installation of a Central Museum at Kokrajar. 42. Detection and deportation of foreign nationals. 43. Recognition and introduction of all tribal language in primary school. 44. Compensation to the flood affected people. 45. Introduction of Roman Script for Bodo language. 38 46. Settlement of Border dispute between Assam and K^ojaland and adequate security to the people living therein. 47. Drinking water supply in all villages within 1990. 48. Electrification of all villages within 1990. 49. Construction and reconstruction of all villages approach roads and bridges. 5 0. Control of Rivers. 51. Irrigation system covering all agricultural lands 52. Free distribution of fertilisers to poor tribal peasants. 53. Primary health centre for every two villages. 54. Construction of High Road from Raimana to Jonai along the southern boarders of Bhutan and Arunachal Pradesh. 55. Installation of Agricultural University at Gossaigaon . 56. Housing grants to poor tribal people. 57. Installation of forest training college at Haltogoan 58. Installation of Jute Mill at Serfanguri 59. Installation of Television Centres at Udalguri and Kokrajhar. 6 0. Revival of Balajan Airport at Kokrajhar. 61. Establishment of Fishery Training Centre at Kokrajhar. 62. Establishment of Sports Training Institute at Kokrajhar 63. Opposition of the Clause 4, 6(ii) of the new National Policy of Education. 64. Introduction of Boro Medium in new Central Model School. 65- Introduction of Bodo Medium in Missionary Schools. 66. iiedelimination of tribal sub-plains areas. 67. Appointment of subjects teacher in higher secondary schools. 39

68. Setting O-f H.3.L.C. examination question papers in 3odo. 69. Opposition to reservation policy and scholarship on economic standard. 70. Launching of massive industrialisation. 71. Establishment of Muslim Colleges. 72. Financial assistance for writing and publishing a book of History on Bodos. 73. Appointment of Bodo S.J.S. and D.I.S. in Lakhimpur district. 74- Merger of Tribal areas to Kokrajar district from Dhubri district. 75. Introduction of Bodo medium in Homan scripts in West Bengal. 75. Transmission of Bodo programmes from Gauhati Durdarshan Kendra. 77. Broadcasting of Bodo programms from all India Hadio Siluguri Centre. 73. Extension of special provisions for tribal in Indian Constitution from 1990 to indefinite period. 79. Establishment of Basic Training Centre at Udalguri. 80. Regular payment of salary to Bodo medium teachers. 81. Eradication of property. 82. Free and compulsory education for children upto 14 years. 83. Opposition to Clause 6 of Assam, Assam Accord. 84. Opposition to clause no. 10 of Assam Accord and Eviction of Tribals from the forests of Assam. 85. Opposition to compulsory imposition of Assemese language in schools. 40

36, Revocation of pre-condition of Assemeso in State services. 87. Opposition to A.A.S.U. demands for amendments of Article 330 and 347 of the Indian Constitution. 88. Stoppage of political assasination and extremism in

Aa3ain« 89. Stoppage of brutal police attrocities upon the Bodo students and public. 90. Creation of regional Council for non-Karbi tribes in Karbi Anglong Autonomous District Council. 91 . Creation of District Councils in the tribal compact areas of southern valley of the Brahamputra in Asgam. 92. Creation of separate state within the status of Union Territory in the North Bank of the Brahamputra for the 1 plain tribala of Assam.

The main three demands which have generated much opposi­ tion from the state government are stated as under :

I. The creation of a separate state for the plains tribes within the status of union territory under the provisions of Articles 2,3 and 4 of the Institution of India in the north bank of Brahamputra.

II. Creation of District Council in the Tribal compact areas of southern valley of the Brahamputra river in Assam.

1. All Bodo Students Union, Memorandum submitted to the President of India, Prime Minister of India and Union Home Minister of India, pp. 11,24,25,26,27,23 and 29. 4t III. Creation of Regional Council for non-Karbi rribps in Karbi Anrlong Autonomous District Council . By going through the demands charter submitted to the Central Government it is evident that out of 92 demands 27 demands related "Co the 'Bodo language'. But the main Bodo demand is a separate homeland for Bodos. In view of the policy adopted by the Government of Assam towards the Bodo's demands the A.3.S.U. issued a pamphlet in which it was indicated that "there can be no alternative for separate state nor we can expect that the Assam Government will fulfil the 91 demands. This is a hypothetical question. The A.B.S.U. knows that the Assam Government will never fulfil even the 91 demands excepting the separate state. Sven then A.B.S.U. has raised those demands to focus and publicised the grievances of the Bodos and other tribals of Assajn only. That is why, now the A.B.S.U. does not stress on the non-political demands but it gives top priority to the political demands inclu- 2 ding the separate state".

The A.B.S.U. emphatically emphasised that "the basic question is the survival, preservation and growth of ethnic iden­ tity of tribals and these are the most genuine factors of demand­ ing a separate state .... Bodos also want to survive and retain their ethnic identity and hence arises an ethnic clash between the Assemese and the Bodos. V/ithout separate or division of Assam it is believed that this ethnic clash would never come to an end, therefore, separatiff^is the only desirable solution.

2, Fifty Three (53) questions and Answers : Divide Assam ?ifty- Pif f;y, page 10. 3. Supra n. 1 at p. 43. 42

I) BBGIrrlir;" OF THE AGlTATIOi:

The memorandum stated in the preceding chapter which contained the demands for separate state by the Bodos in Assam were based on the following grounds :

A) The Language Policy of Assam B) Land Problem C) Economic Crisis D) Employment Opportunities

All these grounds are related to each other. These are discussed in the following pages in brief.

A) The Language Policy of Assam

In Assam there are people of various culture and race identified as tribe. Every tribe has different language. But the Assemese people always try to impose Assemese language to the non-Assemese people. According to the pamphlets of A.B.S.U. the intention is very clear, that the Assemese people and the Assam government want to assimilate the non-Assemese through the imposition of Assamese language and culture Still they want to force others to read Assemese and accept their policy of 3 Assaraisation and assimilation. The Official Language Bill of I96 0 which make the Assamese language as the official language of state except Cachar district. Due to this Bill the plains and Hills tribes were faced problem. Because of the language problem Nagaland was separated in 1963. In 1972, on the basis of the demand of A.B.S.U., at the instance of the Assam Government the 3. Supra n. 1 at p. 30. 43

University of Gauhati and Diburgarh made Assamese as the medium of instruction in place of English. Therefore, the language problem is also a great problem for Bodo people, those whose matriculation or ward in Bodo medium. During the regime of A.G.P. Government in Assam the State Government has noticed that in every government job, knowledge of Asaemese language is a must, On the basis of this reason the Bodo candidate faced too problems for fulfilling the criteria.

In this regard, the then Assam Gana Parishad Government has violated the constitutional provisions and clause (7) of the Assam Language Act, 1960.

The Assam Official Language Act, 1960 Assam Act No, XXXIII I960

Contents

There are 8 Sections on this Language Act.

Section 1 - Short title, extent and commencement i) This Act may be called the Assam Official Language Act, I960 ii) It extends to the whole of the State of Assam

iii) It shall came into force on such date as the State government may, by notification in the Official Gazette appoint and different dates may be appointed for different official purposes and for the different parts of the State of Assam.

Provided that the date or dates appointed by the State Government in respect of any of the parts of the State of Assam shall not be later than ten

4. Supra n. 1 at p. 50. 44 years from the date to the assent to this Act is first published in the Official Gazette.

Section 2 - Definition : In this Act unless there is anything repugnant in the subject or context -

(a) 'Autonomous Region' means an area deemed as such under Paragraph I(1) of the VI Schedule of the Constitution of India (b) 'Autonomous Region' means an area deemed as such under paragraph 1(2) of the VI Schedule of the Constitution of India. (c) 'District Council' means a District Council, constituted under paragraph (2) of the VI Schedule of the Constitu­ tion of India (d) Deleted (e) Deleted (f) 'Prescribed' means prescribed by rules made under this Act. (g) 'Regional Council' means a regional council constitu­ ted under paragraph (2) of the VI Schedule of the Constitution.

NOTiS - Section 2, Clause (d) and (e) were omitted vide Assam Act XXXIII of 1961 .

Section 3 - Official Language for official purposes of the State of Assam v;ithout prejudice to the provisions of Art. 346 and 347 of the Constitution of India and subject to as herein­ after provided, Assemeso shall be used for all or any of the official purposes of the Stnte of Assam,

Provided that the English language, so long as the use thereof is permissible for the official purposes of the union 45 under any lav; made by the Parliament in this behalf and there­ after Hindi in place of En/^lish, shall also be used for such official purposes of the Secretariate and the offices of the Heads of the Departments of the State Government and in such manner as may be prescribed.

Provided further that -

(a) All Ordinances promulgated under Article 213 of the Constitution of India. (b) All Acts Passed by the State Legislature. (c) All Bills to be introduced or amendments thereto to be moved in the state of legislature, and (d) All Orders, Regulations, Rules and Bye-laws issued by the State (Government under the Constitution of India or any law made by the Parliament or the Legislature of the State, shall be published in the Official Gazette in the Assamese language .

Some of the notes contained in the Act of 1960 are written as under -

Section 3 - In this Section, in the first proviso for the Words and figures, under Article 343 of the Constitution of India . In words for the official purposes of the union under any law made by the Parliament in this behalf, were substituted vide -^ssam Act No. XXII of 1964 to have come into force at once.

ooction 4 - 3afer,i''ir'"i of the use of lan^^u-i^e in the Autonomous Region and in the Autonomous District. Notwithstanding anything 46 in Section 3 only iGinguaces v.'hjch a?-^e In use immediately bef'ore the coraraencement of this Act shall continue to be used for adminis­ trative and other official purposes upto and including the level of Autonomous Region, or the Autonomous District, as the case may "be, until the Regional Council or the District Council in respect of the Autonotnous Region or the Autonomous District as the case may be, by a majority of not less than two thirds of the members present and voting decide in favour of adoption of any other language for any of the administrative or official purpose within that region or district.

Section 5 - Safeguard of the use of Bengali Language in the district of Gachar, vnthout prejudice to the provisions cor^tained in Section 3, the Bengali language shall be used for administra­ tive and other official purposes upto and including district level in the district of Cachar.

NOTES - Sec. 5 : This Section was substituted vide Assam Act No. XVIII of 1961.

Section 6 - The use of iinglish as Official language in respect of examination conducted by the Assam Public Service Commission. Notwithstanding anything in Section 3, any examination held by the Assajn Public Service Commission which immediately before the commencement of this Act used to be conducted in English language shall continue to be so conducted till such time as the use thereof is permissible for the official purprses of the union under .-^ny law made by the Parliament in this behalf. 47 Provided that a candidate shall have the ri^ht to choose the language in use in the State of Assa^^^ v;hich was the medium of his University examination.

NOTES - Section 6 : In this Section, for the vjorda and figures 'under clause (2) of Art. 343 of the Constitution of India' the words, 'for official purposes of the union under any law made by the Parliament in this behalf* was substituted, vide Assam Act XXII of 1969 published in the Assam Gazette dated the 20th November, 1969 to have come into force at once vide notification No. LJL 17/64/10 dated 19.11.1964.

Section 7 - Rights of the various linguistic groups, subject to the provisions of this Act, the state government may, by notification issued from time to time, direct the use of the language as may be specified in the notification and in such parts of the State of Assam as may be specified therein.

Provided that - (a) the right of the various linguistic groups in respect of instruction in educational institutions as laid down in the Constitution of India shall not be affected. (b) The State shall not in granting aid to the education and cultural institutions, discriminate against any such institutions on the grounds of language. (c) The right to appointments in the Assam Public Services and to contracts and other vocations shall be maintained with­ out discrimination on the grounds of language, and (d) In regard to nothing in the offices in the region or district, if any member of the staff is unable to note in any of the district language, the use of English shall 48 bp pertnittec] by the Head of the Departmen te so lon.^ is the use thereoi' i.s permissible for the official purpose of the union under any law made by the Parliament in this behalf •

NOTES - Section 7 : In Clause (d) of the proviso of the words and figures under Art. 343 of the Constitution of India 'the word for the official purposes of the union under any law made by the Parliament in this behalf were substituted vide Assam Act No. XXII of 1969 published in the Assam Gazette dated the 20th Nov. 196 4 to have came into force at once.

Section 8 - Power to make rules :

(a) The State Government shall have the power to make rules of carrying out the purposes of this Act. (b) Every rule made, under this Section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised of in one session on in two successive sessions and if before the expiry of the session in which it is so laid or the sessions immediately following, the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modifie-:! form or be of no effect, as the cn^e may be, so, however, that any such modification or annulment shall be v;ithout prejudice to the validity of anything previously done un-'^er that rule . i^IOTViS : Section 3, Sub-section (2) was inserted vide Assam Act Ko. XXII of 1964 published in the Asaani G-izette dated 2 J.11.-4 to have came irto force at once. 5. V.K. Dhawan, North Eastern Region Local Act & Hule , 2nd ed. Vol. IB (The Official Language Act in Assam, I960). 49 B) Land Problem

Land problem is the major problem in the tribal economy. There are various types of problems relating to land viz, i) Land holding pattern, ii) land Alienation, iii) Urbaniza­ tion, and iv) Encroachment of forest land, which are discussed as follows : i) Land holding pattern— The land holding pattern in the tribals is deteriorated and is below the livelihood. Apart from various land reform measures majority of the tribal lands belongs to few people. There was a report 'a survey of rural econonic conditions in Darang, one of the districts severely affected by recent A.B.S.U. stair, conducted way back in the mid fifties when India was about to complete the first phase of land reforms legislation, revealed much to the dismay of the policy-makers have only 4.2 per cent of the total households concerned 22.4 per cent of the total cultivable land. In 1978 a survey was conducted by the Directorate of Economics and Statistics, Government of Assam, in tribal inhabited area of present Nalbari district, gives an idea regarding the distribution of lands. Qjioting these Surveys Mr. M,C. Saikia gave his views that through these figures do not exclusively speak about the tribal households, nonetheless, the tribal population constitute 53 .OS per cent of the total project area population. It is, therefore, presumed that the appended table will reflect the size by class of land possessed/majority of the tribal household, in the

6. Frontier, Calcutta "Bodos in Torment", 25th Feb., 1989, p. 2. 50 project area. Table-1

Size claaa of land poasesaed Number of Percentage of (in hectares) Houaebolds total 1. Below 1.0 12,188 43 2. 1.0 to 5.0 15,122 54 3. 5.0 to 10 and above 856 03 ii) Land Aliepatiop — Second stage of problem relating to land problem of the Bodoa is the land alienation from the original tribal owner. In especially tribal inhabited area where non- tribal were strictly prohibited for transfer of land. Anyway, this measure could not check the tribals land alienation. As in 1960-61 U.N. Dhebar Commission observed that the Constitution of the tribal belts and blocks did not provide adequate protec­ tion to the tribals from the pressure of the non-tribals. It is also stated that the provisions were not well publicised among the people for whose benefit they were formulated. More­ over, the guardians of the land in whose hands the responsibi­ lity of implementation of these provisions lay, were not willing to implement sincerely.^

The Commission also proposed 'to cancel the illegally alienated land pattas and restore "back to the original land owners in the case of tribal belts blocks with retrospective

7. Bulletin of the Tribal Research Institute, Assam, Vol. 1, no.1 1988, p. 62. 8. Ibid. 51

9 effect from 26th January 1950 but nowhere it has implemented. One Committee states regarding the large number of unauthorised occupants of tribal lands, no action has been taken against them, as provided under Section 165(3) of Chapter X of the Assam Land and Revenue Regulation in any circle, within the long period of 25 years or so, since the creation of the tribal belts and blocks.

We got various examples of land alienation from the tribals both by the government and private organizations in 1974- a report presented by Sub-committee of the Advisory Council for welfare of Scheduled Tribes organized by the Assam Govern­ ment to observe the land settlement patterns in tribal belts and blocks and forest land, stated 'Chapter X of the Assam Land and Revenue Regulation Act has nowhere been sincerely 11 implemented. Regarding illegal possessors of tribal lands, the Committee states 'no action has been taken against them, as provided under Section 165(3) of Chapter X of Assam Land and Revenue Regulation, in any circle, within the long period of 25 12 years or so, since the creation of the tribal belts and blocks.

The newspaper stated about the encroachment of land in tribal areas that, in Bijni tribal block in Goalpara district (presently Kokrajhar district), most of the 2,000 odd hectares

9. Supra n. 1 at p. 4-6 10. Ibid. 11. Indian Express, New Delhi, 22nd September, 1985 12. Ibid. 52 of land unless encroachment is v/ith muslim immigrants. In Goreawar (Kamrup district) and Kalaigaon circle (Darang district) The encroachers were mainly Bengali Hindus. In 1983 elections, in the Assam, there were widespread encroach­ ment of tribal lands by the non-tribal. In Darrang district under Gohpur reserve forest the Assamese people encroached on the tribal land.^^ iii) Urbanization — Due to urbanization so many tribals lands were alienated. This urbanization was taken place particularly in Gauhati, which is the capital city in Assam. According to newspaper 'the villagers originally depends on agriculture, mainly cash crops for their living but, the accellerating process of urbanization witnessed by the city . Since 1970 has gobbled up all the available agricultural land in the villages reducing them to the category of wage earners ... there are about 500 women in these villages who were earlier gainfully engaged in their lands. While the men-folk converted themselves into daily wage earners, custom and traditions prevented the womenfolk from going out to earn a living. As a result, the living conditions of the villagers have deteriorated over the years to object poverty from a condition of self- sufficiency. 15

13• Supra n. 12. 13. Indian Express, 17th March, 198B, Jfew Delhi. 14. Ibid. 15. The Hindustan Times, 15th July, 1988, Ifew Delhi. 53 iv) Encroachment of Forest Land — Encroachment of forest land play a very important role in the case of land alienation when the tritala alienated the forest land after departing their plain lands, the then A.G.P. Government evicted them (Bodo people) from forest. Mr. Upendra Ifeith Brahama, the then President of A.B.S.U. commented in an interview that 'the numbers of evicted tribals were 24,000. His break-up was i Sonitpur district 10,000, Darrang 8,000, Kalbari 6,000 and Kokrajbar 5,000. He also stated that all evicted tribals were new on the streets without any rehabilitation. Elephants and the state police force were used for 'operation eviction' after which their houses were destroyed and gutted .... now A.B.S.U. had mobilised the tribal masses to resist the eviction operation physically as the centre was also 'silent', said Mr. Brahma'.

C) Economic Crisis

The second important cause for movement is economic problem. The plains Tribes of Assam viz the Bodos are different ethnocultural groups having their own religious belief, social customs and practices. Most of the tribes speak their own dialects. According to the 1971 census, 9.2 per cent of the total population of Assam is constituted by plain tribes, 99 per cent of the tribal population live in rural areas and they are absolutely depend on agricultural economy which is still at subsistence level. During the last part/independence period

16. Patriot, 5th February 1987, New Delhi. 54 the government has been conauming a huge amount of money on varioua fields for socio-economic development of the tribal oommuBities in the country, including Assam. But it is observed that no fruitful improvement has not taken place. Inspite of special programmes for educational development, the plain tribal of Assam have not been able to increase the number of literacy. Whereas only 22 per cent of literacy in tribal as against 29 per cent in the general population of the state (1971 census)."""^ Bconomically the plains tribals of Assam including the Bodos ^re moat down-trodden people. Land alienation is the major problem of them which has directly affecting their economic developments. However, all these problems have been, therefore, for a long time which makes the Bodo movement so important. The occupational distribution of Scheduled Tribes (plains) according to 1961 and 1971 census is shown in Table-A, chapter-I of this manuscript.

The Indian Express News Service observed that 90 per cent of the Bod03 live below the poverty line today while a small group of educated elite amongst them have cornered the crubs of Assam's miniscule economic cake. Ninety-eight per cent of the Bodos live in isolated villages that are largely inaccessible from the main Assamese townships due to the utterly hopeless communication network which is an indication of the long neglect they have suffered .... The Bodos are mainly agriculturists who

17. D. Doley, "Problem of Economic Development among the Scheduled Tribe Communities of Assam : A Sociological Analysis". 55 have not branched out into profession other than petty govern­ ment services. A study of the villages in Tezpur, Kokrajhar, Udalguri and Gohpur Sub-divisions shov/s that their market economy centres around a meagre sale of vegitables and mustard seeds and jute. Most of the paddy grown is used domestically vithiB themselves, the Bodo still continue to practice the better system. 18

D) Employment Opportuaities

The fourth important cause for movement is unemployment. The scope of employment in Assam is worsening day by day» whereas in the year 1984 the registered unemployed people of Assam were 4,89,04-6,by August 1987 it goes up to 8,48,485. The number of unemployed persons became doubled within that 3 years. When the Assam Gana Pariahad Government came to power the total number of unemployed persona were 6,03,552, out of which only 5 241 got jobs. In 1987 the number of the unemployed persons increased to 8 lakhs, whereas only 447 persons got employment 19 during that year. The tribals being the educationally back­ ward group suffer severely from the problem of unemployment. According to A.B.S.U. memorandum 'job opportunity is also another most vital factor for demanding a separate state. In Assam, only 10 per cent jobs reservation is provided for plains

18. Indian Express, 22nd September, 1985, New Delhi. 19. Ajkal (Bengali Daily), 19th May 1988, Calcutta. 56 tribala ...• again, allocation and appointmen"t of jobs are given on political basia and communal lines. So, Bodo medium students and youths are not given state jobs on the plea that they do not know Assamese .... large backlongs of ST reserved jobs are lying vacant till today. Whenever separate state is created not less than 70 per cent tribals will get jobs. The constitutional provisions for job reservation in the case of tribals has failed to provide appropriate employment facility to the plain tribals in Assam. According to Assam Tribune the recent estimates, the backlog of posts reserved for Scheduled Tribes (Hills and Plains) and Scheduled Castes under the Assam ST and SC Reservation Act 21 1978, has mounted to 11,243 posts. A complete data was published by the then Minister for Welfare of Plains Tribals and Backward Glasses, Mr. Thaneswar Boro in the Assam State Assembly. Please see Table-G, Chapter-I of the manuscript for statistical data.

Thus, it was found that the tribals objection that they are completely deprived of from getting state government job is true to some extent. According to the Times of India, the recent appointments of 270 sub-inspectors of Police, of which only 2 were from the Scheduled Tribes. This incidence occurred during the period of Assam Gana Parisbad Government. 22

20. Supra n. 1. 21. Assam Tribune, 27tb March, 1988, Gaubati. 22. The Times of India, 25th June 1987, Jfew Delhi. 57 II) NEGOTIATION WITH STATE AND CENTRE

Negotiation regarding the Bodos problem with Bodo leader by the Central and State Government Officials have been of vital importance. There were so many tripartite talks between the leader of the Bodos and Centre and State representatives on August 28, 1989. According to leading English paper, Indian

Express 'The All Bodo Students Union (A.B.S.U.) agreed to suspend its agitation and atop violence to create a congenial atmosphere for talks with the Assam Government and Centre on its various demands.' Responding to this gesture the Assam Government has agreed to suspend preventive measures against the agitationists.

The agreement was reached after a three hour discussion here between the Assam Government led by the Chief Minister P.K. Mohanta and a 40 member A.B.S.U. delegation headed by its President M. Upendra Brahama. The Union Minister of State for Welfare Mrs. Rajendra Kumari Bajpai participated in the talks as the Central Government observer. "^ In that talks Mrs. Bajpai informed the newsmen at Assam Bhavan that a committee would soon be formed with the representative of Bodos, the Assam Government and the Centre to go into the Bodo tribals problem in Assam.

At this meeting, Mr. P.K. Mabanta in bis introductory remarks said that, "we will have to consider a political set-up which will not only represent and reflect the aspirations of the 24 tribals but will also be responsive to their problems and needs".

23. Indian Express News Service, "ABSU agrees to suspend Agitation", August 28, 1989. 24. Ibid. 58

According to Times of India Nexs Service 'this would be the first time that ABSU representatives would be coming to 1iae negotiating table - albeit on their terms and it is natural that tomorrous talks have raised high hopes of peace returning to Assam. 25 The second round of talk was held on August 28, 1989 at Ifew Delhi, but no appropriate result came out. The third round of tripartite talks was held on 8th March, 1990 to find out a political solution of Bodo problem. This was the second round of talk after the National Front Government. In that talk the Assam Chief Minister Mr. P.K. Hohanta, the leader of the A.B.S.U. and All-Bodo -^ction Committee and representatives of the Union Home Ministry. A decision was taken at a tripartite meeting that a team of Central Government along with Labour Welfare Minister Mr. Ram Vilas Paswan visited Bodo areas for reviewing the situation of that particular area. In "that meeting Mr. Paswan as well as Mr. Mohanta rejected the demand for separate state (Bodo land) which was reiterated by the Bodo leaders, but promised for the development of the Bodo areas and to preserve their culture and identity. Mr. Paswan also told that the demand for a separate Bodo land could not be considered at this stage as it lead similar demands from people of other states. He, however, assured the Bodo leaders that the government would ensure that constitutional provisions relating to the Assam

25. The Times of India, "Bodo Talks begin Today" August 27, 1989, New Delhi. 26. The Hindustan Times, March 8, 1990, New Delhi. 59

reservation of posts were implemented and the backlog identi­ fied in a time bound manner. He (Mr. Paswan) also directed the Aaaani Governmeni; to check encroachmeni; on lands belonging to Bodos and to restore such lands. The State Government also appointed a Special Court to deal with complaints of atrocities 27 against Scheduled Castes and Scheduled Tribes.

According to the news of the Hindustan Times, the Bodos are 'not at all' satisfied with the fourth round of talks. The newspaper also stated that "Though the State government of Assam rejected the creation of a separate Bodo state yet, the Union Minister of Labour and Welfare Mr. Ram Vilas Paswan, representatives of Centre, said the present National Government at the Centre had got a pragmatic idea on creation of smaller states concept which of course will take a long process and time". The Bodo delegation strongly criticised the behaviour

of the Assam Gana Parishad Government (A.G.P.) 29

On 14-th March, 1990, the Hindustan Times editorial stated that "with the Assam Government rejecting the demand outright and the Centre not willing to commit itself to anything beyond the redressal of the economic grievance of the plain tribal people, the stalemate remains largely unsolved.

In the fifth round of tripartite meeting the Bodo repre­ sentatives had refused to accept any proposal and had stuck to

27. The Hindustan Times, March 9, 1990, New Delhi. 28. The Hindustan Times, March 11, 1990, New Delhi. 29. Ibid. 60 their demand for separate Bodo land. In the same meeting Bodo repreaentativea agreed for the formation of an eight member Committee to study the problems of Bodos. The proposal was made by the then Union Labour Minister and Mr. P.K. Mabanta (Ex-Chief Minister of Assam).

The another agitation was started for an autonomous state covering Karbi Anglong and North Cachar Hills district. They decided to observe 108 hour bandh. This call was given by autonomous state demand committee and also agitation for 31 statehood within Assam under Art. 24-4(A) of the Constitution.

The death of All Bodo Students Union President, Mr. U. Nath Brabma had a far-reaching impact on the prolonged agitation of A.B.S.U. for a separate homeland for the plain tribals in Assam. Mr. Upendra Ifeth Brahma had democratic and peaceful approach to the solution to the problems of the Bodos and other ethnic group. The suspension of the Bodo stir thereafter marked the trans^ition of the 'Bodoland' movement from the large scale violence to the signing of the accord with the Assam Government for a peaceful solution through tripartite talks. 3?

According to the Vice-President of the All Bodo Students Union, Mr. Pradeep Kumar Daimasy, the A.B.S.U. was a peaceful organization agitating for a separate Bodoland within the frame­ work of the Indian Constitution. The A.B.S.U. had no link with

30. "Head way at talks on Bodo Problem", Hindustan Times, 18th April, 1990, New Delhi. 31. The Hindustan Times, 30th April, 1990, New Delhi. 32. The Hindustan Times, 4th May, 1990, New Delhi. 6t the United Liberation Front of Assam (ULPA)^^. The A.B.S.U. Vice-President alleged that the then Assam Gana Parishad Government had let loose a reign of terror in tribal dominated Bodo areas. The Assam Police and the CRPP on May 9, 1990 allegedly raped fifty Bodo Tribal women under the patyarchar kuchi and Barpeta road Police Station in Barpheta district. The Assam Police bad further intensified harassment and torture on innocent A.B.S.U. activists. 34

According to Hindustan Times Correspondent, Centre proposes a penal on Bodo issue v/hich was decided on eighth round of tripartite talks. According to A.B.S.U. President Mr. S.K. Basimutiary that the Assam Government had chosen to be uncooperative in the movement. But Mr. Basimutiary paying complements to the National Front Government at the Centre, said while it was sincere and keen to settle the Bodo problems 35 within the framework of the Constitution.

Both the organisation of Bodos are totally dissatisfied with the oral assurance of the Central Government over the last one year. The All Bodo Students Union and the Bodo peoples Action Committee served a red signal on February 18, 1991, that the movement for a Bodoland state separated from Assam would be

33. The Hindustan Times, 'ABSU Denies link with ULFA', May 17, 1990, Ifew Delhi. 34. Ibid. 35. The Hindustan Times, Sept. 13, 1990, New Delhi. 62 stepped up unless the committee promised by "the Minister of State for Home Affairs, Mr. Subodh Kant Sahay was set up by Peb. 25, 1991.^ The All Bodo Students Union was against tbe Assam Poll on tbe point that Election should be held only after an amicable solution to the Bodoland issue. 37

In the second week of April 1991 the Gauhati High Court (Assam), suspended the working of aa expert three member committee formed by the Centre early this year to go into the entire gamut of the 'Bodoland' issue.

The High Court, Gauhati, suspended the working of the Committee following a petition filed by the Assam Protection Council Secretary, who was represented by Ifae Court by two former A.G.P. Minister, Mr. S.K. Medhi and Mr. Jaynath Sarma now practising lawyer. The petitioner challenged the legiti­ macy of the Committee and contended that the Assam Cabinet had never endorsed the draft proposal put forth by Mr. Paswan.

The petitioner alleged that the Assam Government repre­ sentatives at the talks had rejected the draft there and then, on the ground that the penal would not have legal sanction. But this High Court injunction had reverse impact on various organizations. The All Assam Students Union has expressed resentment over tbe Assam Protection Councils move through a High Court injunction to obstruct functioning of the expert

36. The Hindustan Times, Feb. 25, 1991, New Delhi. 37. The Times of India, 'ABSU against Assam Poll', March 29, 1991, New Delhi. 38. Tbe Times of India, 'High Court Suspends Penal's Working', April 13, 1991, New Delhi. 63

Committee, constituted by the Centre on the Bodo issues. The office bearers of All Assam Students Union demanded that the Council withdraw the petition in the High Court in order to facilitate a settlement of the Bodo problems. The All-Bodo students Union and the Bodo Peoples Action Committee sponsors of the 'Bodoland' movement also condemned the Council move to disrupt the smooth functioning of the three member expert committee. 59

Later on, the Bodo people participated in the General Elections. Speaking to the Times of India News Service at Kokrajhar, the President of the All-Bodo Students Union(ABSU) Mr. Sansuma Khungyar Bwismutiary and the Chairman of the Bodo Peoples Action Committee said that their organisations would continue the struggle for the creation of Bodoland within the Union of India notwithstanding their decision to participate in the pollsi in a meeting. All the candidates took an oath before the public that if elected they shall 'fight whole­ heartedly on the floor of the Assembly/Parliament for the crea­ tion of the proposed Bodoland in the north bank of the Braham- putra two autonomous district in the Southern Nilanchal and Lalung and for the realisation of any other genuine demands of ABSU/BPAG and of their ethnic groups and also for the redressal

of socio economic, educational and other multifarious problems and grievances of all groups concerned and they also added that 'there can be no compromise on Bodoland'. 39. Supra n. 38. 40. The Times of India, 'Bodo Leaders firm on Separate State', yiay 2, 1991, Ifew Delbl, 64 CHAPTER- TJI

CONSTITUTIONA.L AMLYSIS OF THE BODO MOVEMENT

The constitutional analysis of the Bodo Movement is the main object of this work. In the preceding chapters we have discussed the background and causes of Bodos Movement. This chapter has been devoted as to what extent our Constitu­ tion permits the Bodos demand for a 'separate state' i.e. the constitutionality of the movement. The assessment of the constitutionality of Bodo Movement is a difficult task, somehow it has to be analysed and justified within the constitutional framework.

The first and foremost question is that whether the constitution did provide for the creation of anew state. Our constitution is basically federal in structure as it is obvious from the division of a state and establishing new state.

Assam is a land of multi-lingual and multi-cultural people. Due to this, every lingual and cultural people try to establish their own ethenic identity. The consequences of this disintegration, the original Assam state has now various states known as Mizorara, Meghalaya, Manipur, Tripura and Arunachal Pradesh. Before the creation of all these states Assam was the 65 most disturbed state in the north eastern region.

Realising the problem Late Prime Minister Mrs. Indira Gandhi on 13th January, 1967, declared that the State of Assam will be federally reorganised keeping,in view the demands for autonomy by various tribal groups. This proposal was an impor­ tant cause behind the formation of Plain Tribal Council of 1 Assam.

In 1969 the Assam Reorganisation Act came into being with the object to establish certain autonomous states within Assam. As a result the Garo Khasi and Jaintia hills districts got the status of autonomous state which is now known as Meghalaya. This process prompted other ethnic group who made efforts to create another autonomous state in Assam particularly 2 by the plain tribals of Assam.

In 1972, another Act known as North Eastern Area Recognition Act, was passed on the basis of which the entire north-eastern regions were divided into five states, Assam, Manipur, Meghalaya, Kagaland, Triputa and two main Union Territories - Mizoram and Arunachal Pradesh (now these two are also autonomous states).

1. Tribal Movement in India, Vol. I, Monhar New Delhi 1982, p. 265- D.P. Mukherjee and S.K. Mukherjee "Contemporary Cultural and Political Movements among the Bodos in Assam" 2 . Ibid p. ?66 . 66 The first demand of the Plain 'tribal Council of Assam was for an 'autonomous region* which means they wanted a separate state within the State of Assam. The constitutional provisions like Article 244 and 244(A) which provide for the formation of an autonomous state including certain tribal areas in Assam. 1 . Constitutional Principles and Formation of Kew State

Article 2 of the Indian Constitution defines that and the Parliament may, by law admit into the Union/establish new states on such terms and conditions as it deem fit. Thus, Article 2 gives two powers to the Parliament - i) to admit into the union new states and, ii) the power to estab­ lish new stateso The first principle refers the inclusion of state which are duly formed and established and are already m existence.

The second principle deals with the admission and formation of a state which did not exist. It is to be mentioned here that Article 2 deals with admission and establishment of new states into the Union of India, which may be formed to the territories not included in the existing states.

It is necessary to inform that the admission or estab­ lishment of a new state will be 'on such terms and conditions as Parliament may think fit. Here our constitutional principle

3. N. Pandey, 'The Constitutional Law of India', p. 36. 4. Ibid. 67 differs from the American and Australian constitutional principle which accept the principle of equality of state. The theory of equality applies even to the new states admitted by the 5 Congress in the Union.

There is no provision in the Indian Constitution which gives a right to a new state, after its admission into the Union of India, to demand a complete equality or status with a state existing at the commencement of the constitution or formed thereafter under Article 3 of the Constitution. In India Article 2 gives complete discretion to Parliament to admit or establish new state 'on such terms and conditions as it thinks fit*. After a new State is admitted or the boundaries of the existing states are altered, the Parliament can by law make all consequential changes in the Constitution by simple majority and any act of the I'arliament for the aforesaid purpose will not be deemed to be an amendment of the Constitu­ tion.

Article 3 of the Indian Constitution deals with the formation of a nev; state out of the territories of the existing states. The power to establish nevj states under Art. 3(a) includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.'

5. Supra n. 3• 6. Supra n. 3. 7• Supra n. 3 • 68 The Indian Constitution provides special power to the Parliament to alter the territory or names etc. of the state without their consent or concurrence. The Parliament can form a new state and can alter the area, boundaries or names of the 8 existing state by a law passed by a simple majority.

Thus, it is clear to mention that very existence of a state depends upon the convenience of the Central Government. The sixth schedule of the Constitution which provides guidelines for giving autonomy to tribal areas of the state of Assam. Under this provision. Plains Tribal Council of Assam initially demanded autonomy. However, Plains Tribal Council in •'^ssam demanded the autonomy of the tribal areas for the benefit of the plain tribals, Article 239, 239A, 240 and 241 of the Indian Constitution provides for the creation of 'Union Territory' as an area administered by the Union of India. It is a separate political q entity under the direct supervision of the Parliament. Depending upon this constitutional principle the Plains Tribal Council of Assam later on made efforts to separate the plains tribal areas from the State of Assam.

2. Constitutional Provisions relating to the Scheduled and Tribal Areas

Article 244 - Administration of Scheduled Areas and Tribal Areas•

1. The provision of the Fifth Schedule shall npnlv to

S. Supra n. 3• 9. Infra n. 10. 69 the administration and control of the Scheduled Areas and Scheduled Tribes in any state (the word and letters are specified in part A and B of the First Schedule) omitted by the Constitution (Seventh Amendment) Act 1956, S. 29 and Sch.) other than (the States of Assam, Meghalaya and Triputa).

2. The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam, Meghalaya, Tripura and the Union Territory of Mizoram.

Article 244A - Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or Council of Ministers of both therefore.

1. Notwithstanding anything in this Constitution, Parliament may by law form within the state of Assam an autonomous state comprising (whether wholly or in part) all or any of the tribal areas specified in North Eastern Area Recognition Act in (Part I) of the table appended to paragraph 20 of the Sixth Schedule and create therefore -

(a) a body, whether elected or partly nominated and partly elected to function as a legislature for the autonomous state, or (b) a council of ministers, or both vath such constitution, powers and functions, in each case as may be specified in the law.

2. Any such law as is referred to in clause (1) may in particular - 70 (a) specify the matters enumerated in the state list or the concurrent list with respect to which the legisla­ ture of the autonomous state shall have power to make laws for the whole or any part thereof, whether to the exclusion of the legislature of the state of Assam or otherwise .

3. Constituent Assembly and the Issue of Tribals

The framers of the Constitution of India were aware for the developments of the different communities of India» In the preamble of the Constitution they assured to secure to all citizens of India - 1) Justice - social, economic and political, 2) Equality of status of opportunity and to promote among them all, 3) Paternity secure the dignity of the individual and the unity of the nation.

. In order to achieve the constitutional objectives various provisions were drafted and included in the Constitution. In order to give safeguard to the Scheduled Castes and Scheduled Tribes, including those of Assam, special provision also been made for their social, educational and economic advancement. Article 46 of the Constitution of India stated that 'the state shall promote with special care the educational and economic interests of the weaker sections of the people and in particularly the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice and all forms of exploitation'1. 0

10. V.N. Shukla, The Constitution of India, Seventh edition, p. 220. 71 11 In the Constituent Assembly Mr. Pandit Jawaharlal Ifehru, was the strong supporter for the welfare of the Scheduled Castes and Scheduled Tribes. The members of the Constituent Assembly expressed their great anxiety to bring about economic stability of the Scheduled Castes and Scheduled Tribes by carrying out the obligations put down in the draft Constitution since the aims and objectives of the Constitution were to establish a social democracy transcending the distinc­ tions of caste and outcaste of rich and poor. The Constituent Assembly adopted a number of special provisions for this 12 purpose and inserted in our Constitution.

Various protective measures and safeguards for the minorities, Scheduled Castes and Scheduled Tribes were dealt in Articles 292, 294, 296 and 299 of part XIV of the draft Constitution. It is to be mentioned here that several provi­ sions made in the draft Constitution were changed during the discussion in the Constituent Assembly. One interesting point is that when the Article 292 was incorporated in the draft Constitution there was no proposal for fixing any time limit regarding reservation of seats for the Scheduled Castes and Scheduled Tribes for Parliament and State Legislature. In their reports the Advisory Committee for Tribals and excluded areas had suggested some protection for the tribals and no

11. Hazarika P.N. "Constituent Assembly and Protective Measures for Tribals, Bulletin of Tribal Research Institute, Gauhati, Assam, Vol. I, Nov. 10, 1986, pp. 39-40. 12. Ibid. 72 limitation was fixe(j as regards the p^jriods for which such protection should be provided. But B.H. Ambedkar moved a ra©tion introducing a new Article viz 295A. It provided as follows -

"295A - Notwithstanding anything contained in 1he foregoing provisions of this part, the provisions of this Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes either in the House of the People or in the Legislative Assembly of State shall cease to have effect on the expiration of a period of ten years from the commencement of this Constitution".

Reservation of seats for Scheduled Castes and Scheduled Tribes to cease to be in force after the expiration of ten years from the commencement of this Constitution. It has been extended three times by the Act of Parliament to provide protection to the members of Scheduled Castes and Tribes.

4. Assam Accord and the Tribals of Assam

The Assam Accord which was made on 15th August, 1985, by the All-Assam Students Union, Assam Gana Sangram Parishad, with the then Congre3s(l) Government at Centre, for the solution of long standing demands of All-Assam Students Union. But the Minorities of Assam and the tribals (including Bodos) of Assam were against this Accord. Specially the tribals of Assam were against this 'Assam Accord' because Clauses 6 and 10 of the

13. Supra n. 12 at p. 42. 73

'Assam Accord' which provided for the protection of Assamese identity and eviction of encroachers from the forest areas. That is why they thought that under these provisions the new Assamese Government would try to impose Assamese culture and language of the tribals. The A.B.S.U. was also worried that the *Assam Accord' would evict tribals from the forest land. 14 The detailed 'Assam Accord' is given below.

5. Assam Accord - Memorandum of Statement

1 . Government has all along been most anxious to find a satisfactory solution to the problem of foreigners in Assam. The All-Assam Students Union (AASU) and the All-Assam Gana

Sangram Parishad (AAGSP) have also expressed the keenness to find such a solution.

2. The A.A.S.U. through their Memorandum dated 2nd February, 1980, presented to the late Prime Minister Smt. Indira Gandhi, conveyed their profound sense of apprehensions regarding the continuing influx of foreign nationals into Assam and the fear about adverse effects upon the political, social, cultural and economic life of the state.

3. Being fully alive to the genuine apprehensions of the people of Assam, the then Prime Minister initiated to dialogues with the AASU/AAGSP. Subsequently, talks were held at the Prime Minister's and Home Ministers levels during the period

14. 'Why Separate State', Memorandum submitted by ABSU to the President of India, Prime Minister of India and Home Minister ol India. 74 -1980-35. Several rounds of informal talks were held during 1984. Formal discussions were resumed in March 1985.

4. Keeping all aspects of the problem including constitutional and legal provisions , interMational agreement, national commitments and humanitarian considerations, it has been decided to proceed as follows -

Foreigners Issue*

5.1 For purposes of detection and detection of foreigner 1.1.1966 shall be the base date and year.

5.2 All persons who came to Assam prior to 1.1.1966 including those amongst them whose name appeared on the electoral rolls used in 196? elections, shall regularised.

5.3 Foreigners who came to Assam after 1.1.196^ (inclusive and upto 24th March, 1971, shall be detected in accordance with the provisions of the foreigners according to 1946 and the Foreigners (Tribunals) Order 1964.

5.4 Names of foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act 1939 and the Registration of Forei/:^ners Rules 1939.

"Sd/- Biraz Sarma, 3d/- P.K. Mahanda and 3d/-±i.K. Phukan 75 5.5 -''or this purpose, Government of India will understand suitable strengthening of the Government machinery.

5.6 On the expiry of a period of ten years following the date of detection, the names of all such persons, which have been deleted from the electoral rolls should be restored.

5.7 All persons who were expelled earlier, but have simulta­ neously re-entered illegally into -A-ssam, shall be expelled.

5.8 Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and expelled in accordance with law. Immediate and practical steps shall be taken to expell such foreigners.

Safeguards and Economic Development

6. Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assemese people.

7. The Government t^^ke this opportunity to renew their commit­ ments for the speedy all round economic development of Assam, so as to improve the standard of living of the people. Special emphasis will be placed on education and science and technology through establishment of national institutions.

Other Issues : 3. The Government will arranA~e for the issue of citizenship certificates in future only by the authorities of the Central 76

Government.

8.2 Special complaints that may be made by the All-Assam Students Union/All Assam Gana Sangram Parisad about irregular issuance of Indian Citizenship Certificates (ICC) will be looked into.

9. The International border shall be made secure against future infilteration by erection of physical barriers like walls, barbed wire, fencing and other obstacles at appropriate places. Patrolling by security forces on land and reverine routes all along the international border shall be adequately intensified. ,In order to further strengthen the security arrangements, to prevent effectively future infiltration, an adequate member of check posts shall be set up.

9.1 Besides the arrangements mentioned above and keeping in view security considerations, a road all along the international border shall be constructed so as to facilitate patrolling by security forces. Land between border and the road would be kept free of human habitation whenever possible. Riverine patrolling along the international border would be intensified. All effective measures would be adopted to prevent infiltrators crossing or attempting to cross the international border.

10. It will be ensured that relevant laws for prevention of encroachment of government lands and lands in tribal belts and blocks are strictly eforced and unauthorised encroachers evicted as laid down under such laws. 77

11. It will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.

12. It will be ensured that Birth and Death Registers are duly maintained.

Restoration of Normalcy

13. The All-^sam Students Union (AASU) and the All-Assam Gana

Sangram Parishad (AAGSP) call off the agitation assure full cooperation and dedicate themselves towards the development of the country.

14• The Central and the State Government have agreed to : (a) review the syD:5)athy and withdraw cases of disciplinary action taken against employees in the context of the agitation and to ensure that there is no victimization, (b) frame a scheme for ex-gratia payment to next of kin of those who were killed in the course of the agitation in Assam; (c) give sympathetic consideration to proposal for relaxa­ tion of upper age limit for employment in Public Services in Assam, having regard to exceptional situa­ tion that prevailed in holding of academic and competi­ tive exams, etc. in the context of agitation in Assam. (d) undertake review of detention cases, if any, as well as cases against persons charged with criminal offences in connection with the agitation, except those charged with commission of henious offences. 78 (e) consider withdrawal of the prohibitory orders/notifications in force, if any.

15. The Ministry of Home Affairs will be the nodal Ministry for the implementation of the above.*

1 . Election Commission will be required to ensure preparation of fair electoral rolls. 2. Time for submission of claims and objections will be extended by 30 days subject to this being consistent with the Election Rules. 3. The Election Commission will be required to send central observers. Sd/- Home Secretary

1. Oil Refinery will be established in Assam. 2. Central Government will render full assistance to the State Government in their efforts to re-open -

i) Ashok Paper Mill, ii) Jute Mill 3. I.I.T. will be set up in Assam.

* Signed/- Signed/- P.K. Mahanta R.D. Pradan President Home Secretary All Assam Students Union Government of India Signed/- Signed/- B.K. Phukan Biraj Sarma General Secretary Convener All-Assam Students Union All-Assara Gana Sangram Parisad Signed/- In the presence of Signed/- Rajiv GandTii Srnt. P.P. Trivedi Prime Sinister of India Chief Secretary Government of India Dated : 15th August, 1985, Place - New Delhi. 79

6. Attitude of A.A.S.U. and Assam Accord

Just after the Assam Accord there was much political mobilisation among the various minority groups of Assam. The immigrant Muslims and Bengali Hindus who were totally against the Assam Accord formed a new party viz, United Minorities Front (UMF) . "^ In 1985 UMF won 1? seats in the 126 members of Assam Assembly, the GPI (M) won only 2 seats. However, the formation of UMF in 1985 was equally disastrous for the Congress Party.

The tribals were also against the •'^ccord, particularly against the Clause 6 and 10 of Accord which provides little protection to Assamese identity and eviction of encroachers from forest areas. This is because they felt that under thfese provisions the A.G.P. Government would try to impose Assamese Culture and language on the tribals. The A.B.S.U. was also worried that the Accord would evict tribals from the forest lands and that the land already in their possession might be occupied by the outsiders. According to Charan Narzary, General Secretary of PTCA, the recent agreement, "once again proved that the movement leaders are concerned about the

of the Assamese linguistic community only, they are neither concerned nor do they represent the indigenous linguis- 1 fi tic and etbenic groups of Assam".

15. Decan Herold, January 7, 1986. 16. Indian Express, 22nd September, 1985, New Delhi. 80

The attitude of A-G.P. in connection with the implemen­ tation of Clause 6 of Assam Accord which states that "such constitutional, legislative and administrative safeguards as may be appropriate shall be provided to protect, preserve and promote the culture, social linguistic identity and heritage of the Assamese people. The then State Cabinet proposed reservation for Assamese people in both, Parliament as well as the State Legislature, abolishing the existing reservation for Scheduled Castes and Scheduled Tribes. 17 On Hth August, 1986, the All-Assam Students Union submitted a memorandum to the Prime Minister in pursuance of clause 6 of the Assam Accord .... the memorandum inter-alia demanded;

(a) Inclusion in the Constitution of a provision similar to Article 370 (which provides special statutes to the State of Jammu and Kashmir) for the State of Assam. (b) An amendment to make Article 3 which allows the Centre to create new states and refix boundaries in operative in Assam. (c) Curtailments of rights for some categories of people guaranteed by Article 30- This Article assures minorities that they can establish and run educa­ tional institutions of their own and forbids state governments to discriminate against such institutions on the ground of religion or language. 18

17- Hindu, 4th September, 1986, Madras. 13. Statesman, 24th November, 1936, New Delhi 8t Another important decision of the A.G.P. Government during their tenure was the setting up of new guidelines for the issue of permanent residence certificates (PRC) 'which have to be secured by all residence of Assam, including ethenic Assamese, and which need to be produced for any offi­ cial sanction of normal economic activity like admission of wards to schools, seeking business licences or even securing a ration card'. 19 These measures were enough to create apprehension of insecurity among the Bodo and other minority groups of the state.

The Assam Accord was not fully implemented, though the A.A.S.U. were too much interested before making the Assam Accord. The A.G.P. Government was not ready to implement Assam Accord for their own political reasons. The main cause of split in the A.G.P. is the non-implementation of Assam Accord. The New Assam Gana Sangram Parisad was formed under the leadership of B.K. Phukan (Ex-Home Minister of Assam). Both the A.G.P. and New A.G.P. contested last general elections.

Deriving power from Clause 5(8) of the Accord, A.G.P. established one tribunal in each district headquarter for detec­ ting the foreigners. However, this measure also proved a futile exercise. Only a few innocents were detected as foreigner but they also, after showing their credentials, were let off. After that no further development in this direction took place. Assam Accord continuously remained in 1he cold storage.

19. Hindu, 19th July, 1986, Madras. 82

CONCLUSION

It is now obvious that the demand for autonomy by the Bodo people of Assam is not a recent claim. The most important aspect is that, the Bodo Movement became popular after the existence of the Assam Gana Parishad (AGP) Government, The A.G.P. which is known as the representative of Assamese people which came into power after a gap of 6 years long students agitation. This helped the establishment of Assamese leader­ ship over the region. The tribal and other minority groups organised their ethnic organisation to check this establish­ ment of Assamese leadership and consequently a separate state by the Bodo Tribal in Assam was demanded.

There weralnany factors which helped the Bodo Movement to become effective. The most important factor being the economic deprivation of the tribals (plain). The Bodo people who were fully dependent upon the agriculture, face the problem of land alienation. Though the other communities occupy the tribal land illegally. However, the present Bodo leadership is not against the other section of the people. But the main target of Bodos are on the Assamese community.

In the introductory chapter it has been dealt with the historical origin and cultural background of the Bodos. In this chapter socio-economic backwardness of Bodo tribe is 83 discussed which shows that once the Bodos dominated the socio­ political scene of Assam, they had their own tribal kingdoms in the prehistoric period. During the 13th century the coming of Ahoms into Assam was an important event. The Ahoms established a stable kingdom in the Brahamputra valley. They adopted Hinduism and thereby laid the foundation for the creation of a larger Assamese Nationality. However, the consolidation of the identity of this greater Assemeae Ifetionality never reached to its zenith due to various factors; one important factor was the colonisation of Assam during the 19th century by the British. Between 13th century to 20th century, the tribala of Assam experienced many socio-economic and cultural changes. The Ahoms introduced settled paddy cultivation, settlement of peasant castes from outside the state and the Hinduism as the dominant religion. As a consequence the tribals faced many problems due to their attachment to primitive communal mode of production. The spread of Hinduism gave brith to new ideas and new social strata within the tribals. During the British rule the condition of tribals became worse, conferment of private property on land introduction of cash economy and other allied factors totally disrupted the traditional tribal economy and society. The electoral politics of the pre-independent period and the British policy of 'divide and rule' contributed towards the mobilisation on ethnic lines. CM;her factors which contributed towards this ethnic identity formation v;ere the incomplete assimilate of tribals within the Assamese society and the clash of interest between tribals and Assamese on the issues of land. 84

In the second chapter it has been pointed out that the origin of Bodo Movement, cauaesof movement and present position shows that the Bodos have 92 (ninty two) points demands, among these demands the vital important demand is 'separate state' as the Bodo people suffered from many economic hardships. Their major problems are land alienation, poverty and unemploy­ ment. These problems are systematic and structural. The Bodos have been experiencing land alienation since pre- independence days. In the post-independent India, the various legislative protective measures have failed to check tribal land alienation. The then A.G.P. Government tried to evict the illegal encroachers from the forest land has affected the tribal seriously because most of the tribal encroachers were landless peasants who moved into forest areas after abandon­ ing their lands at the hands of outsiders. Apart from this, the pity educated Bodo elite faced discrimination in the matter of employment. Special reservation for them proved ineffective as evident from the large backlog of reserved posts. The Bodos are mainly inhabited in Kokrajhar and Darrang. Both these two districts are the main centres of the Bodo movement. In other parts of the proposed Bodo land area the affect of the Movement is not so pronounced. The leadership of the present Movement is backed and supported by youths and students, who are other­ wise privileged but feel relatively deprived vis-a-vis the Assamese middle class. The view of Bodo leaders is that they were mainly exploited by the A.G.P. Government. 85

By the help of theoretical study it can be concluded that the structure of Assamese economy and its contradiction, were the main reasons responsible to understand the factors behind the economic distress of the Bodo people. The Bodos movement indicates that their economically oppressed condition has been due to the ruling political class which is now mainly represented by aggressive middle class Assamese speaking people. As such their approach was to oppose the then A.G.P. Government and were compelled to claim for a separate political identity. This phenomenon can be linked with the rise of nativistic ideology within the Assamese speaking people during the period of Assam Movement from 1979-1985, the Assamese middle class established their political hegemony through the Assam Movement which led to the formation of first even regional party govern­ ment of A.G.P. in Assam. In their efforts to establish dominance over various resources the Assamese middle class excluded the various minority groups. Thus, the tribals became apprehensive of the motive of the A.G.P. government and they directed all their grievances towards the demand for a separate political identity. The success of Assamese middle class minorities was subject to the non-Assamese who have gathered around the Bodo Movement.

In the third chapter an attempt has been made to high­ light the constitutionality of the Bodo Movement as to what extent our constitution permits the Bodos demand for a 86

'separate state'.

Our Constitution is basically federal in structure as it is baaed upon the division of power. In fact to determine the constitutionality of the movement is a difficult task. However, it may be recalled that the original Assam was frag­ mented into various parts viz Mizoram, Meghalaya, Manipur, Tripura, Arunachal Pradesh due to linguistic and cultural differences. Articles 2 and 3 of the Indian Constitution deal with the formation of a new state within the territory of India. It is the discretion of the Parliament to admit or establish new state 'on such terms and conditions as it thinks fit'. In short, we can clearly mention that the establish­ ment of a new state is entirely dependent upon the will of the Central Government. The sixth schedule of the Constitution deals with the autonomy to the tribal areas of Assam.

It has also been discussed in the same chapter that the Assam Accord which came into force on 15th August, 1985, by the A.A.S.U. and the Central Government rendered no appropriate changes. The A.G.P. Government was partially trying to imple­ ment this Accord. According to tribals and minorities. Clauses 6 and 10 of the Assam Accord are more controversial. Due to this they (tribals and minorities) felt that the A.G.P. Govern­ ment would impose Assamese langua?^e and culture on the tribals. The attitude of A.G.P. in connection with the implementation of 87 'Assam Accord' '.vas negative. The A.G.r*. Government in their State Cabinet finalised proposal like reservation for Assamese people in botb State Legislature as well as Parliament depri­ ving the reservation for Scheduled Castes and Scheduled Tribes.

Finally it may be suggested that the 'separate state' i.e. Bodo-land, has been controversial and under the circums­ tances it is not feasible though the Constitution provides some safeguards for the creation of a state and if those safeguards are fulfilled there can be a possibility of the creation of new state within the framework of the Constitution in Assam. But it is also considered that further division of Assam would not be a wise step.

The proposed 'Bodo-land' area according to A.B.S.U. will include the whole area of Kokrajhar Districts, northern parts of Dhubri, ^oalpara, Nalbari, Kamrup, Darrang and Sonitpur districts, the whole of Lakhirapur district and Majuli area of Jorhat and Sodiya of Dibrugarh district. The area of the proposed state will be 25,478.1 sq. km. with a population •j which the A.B.S.U. claims, is 70 per cent tribal. However, the census figuresof 1971 shows that the tribal population in the northern bank of Brhamputra nowhere constitute more than 30 per cent of the total population. According to 1971 census the Kokrajhar district has a tribal population of

1. A Statistical Hand-book 1984 88 <8.67 per cent Darrang district has 15.40 percent, the Lakhira- pur district has 28.78 per cent, Barpeta district 7.97 per cent and Nalbari district 14.32 per cent. All these districts are on the north bank of the river Brahmputra falling in the proposed state area of A.B.3.U. In other parts of the state also the per-centage of plain tribal population do not exceed 30 per cent.

Thus, it appears that the demographic factors for crea­ ting a separate state is not in favour of the plain tribals of Assam. Moreover, the Bodos and other plains tribals do not inhabit in adjoining, area. There are several villages where different ethnic groups live side by side. In a communication of the then Union Home Minister dated October 16, 1984 to the Plains Tribal Council of Assam (PTCA), this factor was brought into focus. It said, 'regarding the demand for a separate union territory/state comprising the majority plain tribal areas, it is seen that areas indicated by the P.T.G.A. for the proposed state as union territory are not geographically adjoining . It has also not been established that the plains tribal population constitutes a majority in all these areas. It has also not been possible to substantiate the inaccuracies pointedout in the 1971 census as regards alleged miscounting of tribal population. The demand, therefore, for

2. Divide Assam Fifty-Fifty, A.B.3.U. Pamphlet, August 23, 1987, p. 13 89

a separate political unit does not appear to be in the larger interest of the plain tribals of the north eastern region as a whole.'-^ However, their demands and other problems can be otherwise solved aympathetically to ameliorate their economic, educational and social conditions.

3. As quoted by Udayon Mishra, p. II48. BIBLIOGRAPHY

Books

Bordoloi, N.B., "Tribes of Assam", Part-1 , Tribal Thakur Sarmah C.G., Research Institution Popular Series Saikia CM. Barua, Hem "The Red River and the Blue Hill" Gauhati 1984 (Reprint of 1962 edition) Bhuyan, S.K. (edited) •Kachari Buranji", Dept. of Historical and Antiquarian Studies, 1951. Barua» L.K. "Early History of Kamrupa", 1966 Basu, D.D. Constitution of India Chatterjee, S.K. "Kirata-Jana Kriti", 1951 Chatterjee, S.K. "The Place of Assam in the History and Civilization of India", Gauhati University, Publication 1970.

Chaube, S.K. "Hill Politics in North-East India" Bombay 1973. Dutta, D. "History of Assam", Sirbhumi Publica­ tions, Calcutta 1986. Endle S. Rev "The Kacharis" Reprint Delhi, 1975. Gait E.A. Sir "A History of Assam" (Reprint 1965) Grierson, G.A. "Linguistic Survey of India" Vol.Ill Part II, 1903 Gohain, H.N. Assam : A burning question. Spectrum Publication, Gauhati, 1985. Tribal Movement in India, Vol. I & II, Monhar, New Delhi, 1982. Pandey, J.N. "The Constitutional Law of India", Central Law Agency, Allahabad. 11

Articles from Journals & Ifewapapers

Burman Roy B.K. 'State and Tribes in India' Mainstream Nov. 26, 1983. Bhatta C.P. •A Pew Elements of the Indo-Mongoloid Boro-Culture', Published in the Journal of the Assam Research Society, Vol. XVI 1962

Brahma, M.M. 'A brief Introduction of the Bodo Kacharis of Assam' Bulletin of the Tribal Research Institute, Vol.1, 1983 Bharali, N.P. Economic Transition of Tribal Society (Comparative case Study of 2 Deori villages) B.ordoli, B.N. 'Strategies for Tribal Development in Nbrth-East India with special reference of As sam'. Brahma G. •Daknitar Katakali Neto Aro Bodo Kari Nisto Tulonamulok Alochona' (Assamese) Published in the Souvenir of the All Assam Tribal Sanga, 20th Session 1977 (Assamese).

Lahari M. 'Bodo Sahitar Bikas', published in the Souvnir of the All Assam Tribal Sanga, 20th Session 1977 (Assamese).

Sarma C.T. : 'The Indo-Mongoloids and their Contri­ bution to the Culture and Civilization of India' Bulletin of the T.R.I. Assam, Vol. 1, 1983. "Contemporary Culture and Political Movement among the Bodos of Assam", Seminar paper included in Tribal Movements in India, Vol.1, Edited K.S. Sing, 1982.

Newspapers

Barooah, S. •AGP Apathy made Bodos turn Violent', The Hindustan Times, 17th March 1990. Barooah, S. 'Bodo Stair puts AGP on Test', The Hindustan Times, Gauhati, April 17, 1990. Barooah, S. 'Crucial ABSU Meet Today', The Hindustan Times, May 4, 1990, Gauhati. J-J-i

Chinai, R. : 'Fighting for Cultural Identity', Indian Express, 22nd Sept., 1985, New Delhi.

Munahi, D. : 'Bodo Leaders firm on Separate State', The Times of India News Service, May 2, 1991, Kokrajhar.

Sonwalkar, P. : 'Bodo talks Begin Today*, The Times of India, 28th August, 1989. Sonwalkar, P. : 'Land Alienation is the main problem for Bodos', The Times of India, 23rd Feb., 1989, Hew Delhi. Sonwalkar, P. : 'Bodo Land Issue, High Court Suspends Penal Working', The Times of India News Service, April 13, 1991, New Delhi. Tharyan, P. : 'Bodos and Assam far better or far Worse'? The Hindustan Times, April 27, 1989. Thapa Bijay : 'AGP is the problem not Bodos', The Times of India (an Interview of Bodo Leader) 'Headway at talks on Bodo Problem', The Hindustan Times, April 18, 1990, New Delhi. 'A.B.S.U. denies link with ULFA', Shillong May 17, 1990 The Hindustan Times.

'A.B.S.U. Reiterates Bodo Land Demand', The Hindustan Times, Sept. 12, 1990, New Delhi. 'Centre Proposes Penal on Bodos', Sept. 13, 1990, New Delhi.

'Talks on Bodo Issue from Today', The Hindustan Times, April 17, 1990, Gauhati.

Memorandum & Bulletins Memorandums 'Why Separate State', A Memorandum submitted" by the A.B.S.U. to the President of India, the Prime Minister of India and the Home Minister of India, 1987. 'Divide Assam Fifty-Fifty', Fifty three questions and Answers, Central Committee, All Bodo Students Union passed in the Central Executive Committee Meeting held at Kokrajhar 1987. IV

'Bodo Hntyar Patibad' (Assamese), Memorandum submitted to the President of India by A.B.S.U.

•Assam Accord', 15th August 1985, New Delhi.

Bulletins

Bulletin of the Tribal Research Institute, Vol. 1, No. 1, 1983 Tribal Research Institute, Assam Gover.nment, Assam, Gauhati. Bulletin of the Tribal Research Institute, Vol.1, No. VI, 1989, T.R.I. Assam, Government of Assam, Gauhati. Bulletin of the Tribal Research Institute, Vol.1, No.V, 1987, Gauhati.

Bulletin of the Tribal Research Institute, Vol. 1, No. Ill, 1935, Government of Assam, Gauhati.

Bulletin of the Tribal Research Irstitute, Vol. I, No. IV, 1986 Assam.