323 Half-an-hour [ ] Discussion 324

[Shri Maqsood Ali Khanl' tion has to be there. So this kind of dis- crimination is to be there and it will exist and nobody can resist it. (Time-bell rings).

6 P. M. SHRI DINESH GOSWAMI: Madam, I Half-an-hour Discussion on point arising have a point about how they are treating the out of answer to unstarred Questions 536 Half-an-hour Discussion on such an important given on the 28th July, 1983 regarding Re- subject. The Cabinet Minister, Mr. Sethi, starting of negotiations with the , should have been here. I have no disrespect agitation leaders. for Mr. Laskar. THE VICE-CHAIRMAN [DR. (SHRI THE VICE-CHAIRMAN [DR. (SHRI- MATI) NAJMA HEPTULLA]: You MATI) NAJMA HEPTULLA]: Mr. Laskar continue afterwards. Now we will take up the comes from that area arid he knows better, I Half-an-hour Discussion arising out of the think. answer given in the Rajya Sabha on the 28th July, 1983 to Unstarred Question No. 536, SHRI DINESH GOSWAMI: That does not regarding restarting of negotiations with the make him the Cabinet Minister. About this Assam agitation leaders. I have before me aspect, I thought I would put my protest and eight names. You will speak, then the say that the Cabinet Minister ought t

Now, Madam, on 28th of July, three without revision of the electoral rolls. Then questions were answered by fife Home on the 7th of January when the leaders of the Minister on the Assam issue. And with Assam movement returned from the particular reference to the resumption of. negotiation table, tfiey were all arrested at the talks, the Home Minister stated that the doors Gauhati Airport, thereby the Government are open. Now, what this open door policy of deliberately starting a new phase of the Government of , and especially of the confrontation. Home Ministry? TJoes it mean that the Home And, thereafter, what happened in Assam is Minister keeps the doors of his house open and anybody can enter his drawing room a long story of extensive measures of without any invitation? f would like the repression and oppression, tactics to divide the Minister tP clarify. people on communal and religious lines and of a calculated campaign to incite religious Now, Madam, I would be very brief; and to and linguistic violence and communal ism save time, I will just put only the points that I among different sections of the people. This want to make here. I have raised this was done with the calculation of winning the discussion to know from the Home Minister election in an atmosphere of tension and con- the real intention of the Union Government flict. There is no doubt that through all these about the solution of the foreigners problem, measures the Home Minister has achieved his for which the people of Assam have been main object of installing a Government of his struggling for four years and have sacrificed party in Assam, of course, at the cost of* more than 200 young men and women to the thousands of lives of the Slate. police bullets, and about 4,000 people at the Madam, the report of this election in Assam alter of bloody election that was imposed on published by the Election Commission the people. The Home Minister's answers to recently remains a standing proof of the fact my questions on resumption of the that the February election ^jn Assam was negotiations on the Assam talks, about the undesirable, that it was illegal and tribunals to detect foreigners, about repression unconstitutional and that it was against all throughout the State, have given no national interest of the Country. The 60-page information to enlighten the House on this document of the Election Commission is a issue but rather made an attempt to avoid an further proof that a wholesale disaster answer and hide the mind of the Government. envelopes the country when the statutory This is the most regrettable part of the Home authority of the Election Commission allows Minister's attitude in this matter. itself to be a -willing handmaid of the ruling Madam, the last* round of the discussions party in Delhi. was held by the Government with the leaders Madam, I refer to another document to of the Assam movement on the 5th of January show that the real intention of the this year. The participants left the negotiation Government is not to hammer out a solution table With an assurance from the Home at the discussion table but to suppress the Minister that the negotiations would be people's movement for a getv-nine cause by resumed very soon. But the events' since then maligning and misrepresenting it. This have shown that the Home Minister's assurances cannot be taken at their face value. booklet is entitled: "Assam Events in After the 5th of January the Government was Perspective". Madam, I demand that the found to move in the direction opposite of External Affairs Ministry should supply a negotiation and peaceful solution. On the very copy of this booklet to every Member of next day, that is on the 6th of January, Parliament so that he can come to know, how elections in Assam were announced contrary our Government is functioning, how our to the earlier declarations in this House not Government is maligning our own citizens in only By the'Home Minister but also by the the foreign lands and how the Home Ministry Law Minister that no elections in Assam has done a tremendous harm to the country. would be held without removal of the names ihis booklet entitled "Assam Events in Pers- of foreigners and pective", printed in English, Arabic. 327 Half-an-hour [ RAJYA SABHA ] Discussion 328

[Shri Ajit Kumar Sharaa] ing against the people of Assam and that is Persian and Japanese and circulated to all why there has been no solution of this foreign countries, is full of untruths, half- problem up till now. The Home Ministry is truths and malice and a total misrepresentation interested only in suppressing the people in of the people of Assam and their struggle for order to bring in more people from existence. The Government of India's action in Bangladesh and ultimately annihilate the publishing this booklet amounts to fighting a entire Assamese society there. This is the war against an enemy country in Assam. May sinister game that the Home Minister is I tell the Home Minister that by doing this, the playing. That is why I demand that the Government is only cutting up its own nose to Government of India must come out with a spite its face. By using all sorts of intemperate full statement as to why this particular booklet language as false charges against the Assam has been issued to different foreign countries. movement, the Government has only Now in this booklet a reference has been succeeded in expressing its own guilty made to the killing of Mr. Paratha-sarthy, who conscience in the pages of this booklet. On the was a Commissioner there, and it is said in this 19th instant in this very House, while replying booklet that the peple of the movement have to a question of mine on this booklet, the killed him. I want to know from the Home External Affairs Minister admitted that the Minister: does he have proof? It is still in the booklet was prepared by the Home Ministry court. There is no proof because nobody and that his Ministry published and circulated knows. If I say that the Government or the it at the instance of the Home Ministry. I Chief Minister or the IGP has killed this would like to know the intention of the Home particular person, that will be equally valid like Ministry on this point because possibly this is this allegation that the movement people have the first booklet published by the Government killed him. May I point out, Madam, how this of India since independence against its own Government, the Home Ministry has heen people and circulated throughout the world. campaigning? At one time the Home Ministry Here we find the evil intention of the Home circulated the news that the brother of Mr. K. Ministry. May I also point out that the very P. Tripathi, who" was a Congress candidate, first sentence of this booklet—I will read out was killed by the agitation people and the the sentence; "The present agitation in Assam Prime Minister also sent a message of started in August 1979 with the ostensible condolence to Mr K P. Tripathi. But Mr. K. P. purpose of deleting the names of "foreigners" T ;-.*v<, brother was nlive and kicking. So thi- from the electoral rolls."— is part of one of is how the propaganda has been <••-'■ jo ' ' 'hi the two paragraphs which the Home Minister Home Ministry against the ivo"1'* of Assam. withdrew while placing a statement in this At another stage, thi very TJ^TTI, Minis'ry very House on the 19th March, 1983. From carried a compaign that 'h» nephew of the one of those withdrawn paragraphs this par- Chief Minister of Assam was killed by the agi- ticular sentence has been taken. So the Home tation peop!<\ but sifter one week it was found Ministry has started with a very sinister aim of that h* had been killed in a Bengali locality, maligning not only the people of Assam but dominated by Bangladesh nationals in the Indian people, Indian citizens. I would call Tinsukia town So this is how the Home for a explan-nation from the Home Minister Ministrv has been going on in the matter and also from the External Affairs Minister as campaigning against the people of Assam. to why, for what specific purpose, this booklet Now, the booklet condemns the Assam was issued and whether the Government of movement leaders by saying that they have India has ever sent out any booklet, any gone back on their words. But, Madam, what campaign like this in foreign countries against about the Government? On the 20th November its own people at any time. 1980 the then Home Minister, Gianiji, wrote a Now this booklet conclusively proves printed letter to all MPs on the Assam that the Home Ministry has been conspir- problem, wherein he categorically stated, "The Gov- 329 Half-an-hour [ 25 AUG. 1983 ] Discussion 330 eminent have, therefore, decided that the work movement remain in suspension If the of detection of foreigners who came to Assam government were sincere, they would have after March 31. 1971 will bo taken up invited the leaders to resume negotiations vigorously on a priority basis. Arrangements and soIve the problem. But what have they will be made to issue identity cards to voters been doing? They have only forced them to in Assam on the revision of electoral rolls." restart the movement instead of resuming May I know from the present Home Minister negotiations. In fact, the Government itself what happened to this decision of the has created a situation of confrontation by Government. The Government decided that arresting, harassing and suppressing the they would start detection with effect from people. March 31, 1971. In spite of this decision, why did they hold the election on the basis of the (3) What are the reasons and purposes 1979 electoral rolls which, according to the for which the Home Ministry circulated the Election Commission itself, contained a very booklet on Assam to foreign countries large-scale inclusion of foreigners' names? Is through the External Affairs Ministry? it not betrayal of the people of Assam? How What was the real design behind it? Has the can this Home Minister claim honesty and Home Ministry at any time in the past, in sincerity on his part in finding a solution to its history, circulated any such pamphlet or this problem? Now, instead of trying to solve booklet against the Indian citizens to any the problem peacefully, the Government has foreign countries? continued extensive repression all over the (4) Why is the Home Ministry carrying State, particularly on the students and on the savage repression on the people and teachers. I personally visited one college when is it going to end? Ha* the Home which is near me Chief Minister's home Ministry taken any steps to control this village. The police carried on repression on extensive police repression in the State of the teachers and one police officer went to a Assam? Even during the independence teacher's house at midnight and threatened struggle such large numbers of students and teacher that he would rape his wife and he teachers were not arrested. But now the actually dragged the wife out; fortunately, whole campaign is some people gathered and the lady was saved. against the students and teachers in This is what is being done by the Home Assam. Ministry in Assam, to repress and suppress the people of Assam. I would like to have a (5) When are you going to institute ';i specific answer from the Home Minister on judicial inquiry into all these cases of this question of repression. I sent in details repression and killings in Assam? about cases of repression. What happened to (6) Lastly, when are you going to them? I made a complaint to the Home publish a White Paper on Assam, as has Minister. Has tile Home Minister inquired into been demanded from both sides of the that? If so, what is the final report? House for a very long time? I would now place my questions before the To conclude, in this very House we hod a Home Minister: debate on Sri Lanka. The Prime Minister has (1) What are th; specific points of given a call to the Sri Lankan Government to disagreement between the Government and immediately start negotia-tiosn with the Tamil the Assam movement leaders which have people who have been demanding a separate stood in the way of a satifactory settlement State. While trying to mediate for a foreign up till now? country, is it not the duty of the Prime (2) When is the Government inviting Minister to solve first the problem in her own the Movement leaders to resume nego- country and then go to solve the problem of a tiations? Is it only keeping the doors open foreign country? I would Kke to know from or is it issuing invitations? I may mention the Government what actual steps the the movement was suspended on 2*th Government is taking to arrive at a solution March last. POT these months the OH the foreign national proWem 331 Half-an-hour [ RAJYA SABHA ] Discussion 332

discussed at length on a number of occasions. We have taken the House into confidence on every such occasion and have shown our willingness to discuss frankly various aspects of the Assam problem. We have passed a unanimous Resolution in this very House in which we have appealed to the people of Assam to restore peace and normalcy. In accordance with the letter and spirit of the unanimous resolution of the House, we have taken steps to restore peace and normalcy and to render relief and rehabilitation to those who THE MINISTER OF STATE IN THE have suffered in the disturbances. This was MINISTRY OF HOME AFFAIRS (SHRI real-ly a gigantic task because more than three NIHAR RANJAN LASKAR): Madam, you lakhs of the population had been affected. have rightly said that this half-an-hour Because of the efforts of the State Gov- discussion arises from the reply given to ernment almost cent percent of the affected Unstarred Question No. 536 on 28-7-1983 people have been rehabilitated. This is not a wherein I had stated as follows: mean achievement which has been accomplished in the shortest period of time. "Government have made its stand clear We have beerv heir ing the State Government in Parliament that its doors are open for with whatever help is needed by them and a further talks on the foreigners issue and that sum of Rs. 49.71 crores, have been released Government are anxious to find a just and by the Central Government. satisfactory solution in consultation with the State Government and all other interest] SHRI AJIT KUMAR SHARMA: Madam, concerned. The Government are making you kindly ask the Minister to answer my efforts to restore normalcy and to create specific questions. conditions congenial and conducive to a fruitful dialogue." SHRI NIHAR RANJAN LASKAR: That is what I am doing. A sum of Rs. 49.71 crores To elucidate further I hoped that my friend has already been released by me Central will limit himself to this reply only. But he Government to the Government of Assam has discussed practically the entire problem of towards the relief and rehabilitation of the Assam which we have discussed in this very refugees. Also, the Ministry of Social Welfare House not once, but on several occasions. So, has released a sum of Rs. 19.75 lakhs as the we have already replied to all these points and first instalment for the rehabilitation of .most of the Members in this House are aware children in the Darrang and Nowgong of this problem. My friend need not have gone districts, for looking after 500 children who over all those points once again. He could have been rendered destitutes as a result of the have limited to the starting of negotiations and recent disturbances there. These are some of the Government's thinking on it. Everybody, the things which the State Government is particularly from Assam, and all of us want trying to do and on this. Madam, I would like the situation to cool down and peace to be to appeal to my friend and others who would restored in the area as early as possible. And follow him to confine themselves to this things are moving in that direction. It should aspect and to appreciate what the State be our effort, both inside the House and outside, to see that this continues and Government is doing there to restore peace normalcy is restored in Assam because it is and order and for the settlement of these food for the people of Assam and for the affected people. entire country. Now, Madam, he has put two or three Before I answer the specific questions he specific questions. The first one is about the has put, I would like this House to recall that resumption of talks. In this regard, the situation In Assam has been 333 Half-an-hour t 25 AUG. 1983 ] Discussion 334.

Madam, we have stated earlier also, and I said already, and it is a gigantic task to think the Home Minister has made it quite rehabilitate all those people and all their clear several times in this House and the other energies are now concentrated on this task House, that so far as the question of and once they have completed their job, I resumption of talks with the leaders of the think they will be ready to discuss and we can Assam movement is concerned, we are fix the date. But, at the moment, it is very prepared to start th« negotiations I congenial difficult for us to give any target date for this. atmosphere prevails. Now, when the things are settling down, it is unfortunate that the There is another point. He said that there is agitation leaders have thought it fit to give a some distortion by the Government in the call for a bandh and so on and we are very statement made by the Government about the anxious about-this. We have also tried movement which js totally a wrong thing to towards a solution as will be evidenced by suggest. He has alleged that the Government certain facts which I will state before the has initiated a campaign in foreign counties House now. to mis-reprensent the people in Assam. This is an allegation by him and this is a baseless As you know, Madam, w have so far held e allegation. It is entirely baseless "fourteen plus seven, that is, twenty-one rounds of talks' with the ASSU and AASGSP up till SHRI AJIT KUMAR SHARMA: It is here, now. Not only that We have also talked "wilh written words. several leaders of the different groups and parttes in Parliament and we have come to SHRI NIHAR RANJAN LASKAR: It certain understanding with the agitation leaders is the duty of the Government to project the also. On the pre-1961 and post-71 period, there happenings in Assam in a correct perspective in the face of distorted Versions being put out is some understanding and there is no y problem. Now, the real problem is in between 1961 and by several vested interests. 1971 and there we could not meet each Other's SHRI AJIT KUMAR SHARMA; May I point. However, the Government is determfnd" know whether it is the correct perspective that to continue its efforts to firfd a satisfactory solu- you have put out here? tion and we are Bkely to lave the talks as early as possible as soon. as the situation become THE VICE-CHAIRMAN [DR. (SHRI- normal there. Even now we are continuing with MATI) NAJMA HEPTULLA]: Let him our relief work. answer. SHRI AJIT KUMAR SHARMA: The SHRI NIHAR RANJAN LASKAR; It Chief Minister of Assam has declared that the is the duty of the Government to project the situation is completely normal there. Now happenings in Assam in a correct perspective what is your assessment, your Ministry's in the face of distorted versions being put out assessment? by several vested interests. We have to preserve the precious image of our country. SHRI NIHAR RANJAN LASKAR: I have already said that the State is also willing [Tlie Viee-Cbainnan (Shri R. Rama- for discussion as soon as normalcy returns Krishna) in the Chair] there. Some elements, may be in Assam and tome interested groups, veiled interests there, have SHRI AJIT KUMAR SHARMA; This is a rt> vague statement. When are you going to start been spreading a false P " paganda in the the negotiations"? This Is the question. For foreign Missions in Delhi on the eve of such four months you have been saying all these important events like th© NAM to tarnish the things. fair name of our country and our democratic and Secular traditions. Naturally it was the SHRI NIHAR RANJAN LASKAR: duty Of th* Government to- give a corfSSl They, the State Government are also pre- picture/ to. the countries outside so that the pared. But tE)ey fire busy with the relief image of our country does not go down. work and with the settlement~~of the people who have been displaced.from their homes. More than three lakhs, as I hare 335 Half-an-iwur I RAJYA SABHA ] Discussion 336

[Shri Nihar Raman Laskar] nine speakers more. So we will adopt the super-fast method to go through it. Shri Shiva Another point he has raised is about Chandra Jha. repression. He saTd that repression is there. He used the words "extreme repression" on the people of Assam. I would like to say that there has becn a widespread recognition of the excellent work done by the present Government in restoring law and order in the State. Sir, peace and normalcy must come first for relief and rehabilitation work, which is now going on smoothly. In the process the State Government may have taken some preventive measures, but hardly this can be called repression. It may be recalled that while the Government were trying to find a satisfactory solution, and a human solution, to the problem and they Were patiently having negotiations withl the agitators for several months, the agitators did not eschew violence but escalated violence and when elections were announced there was violence 15 large1 areas. There had been persistent reports about the likelihood of violence spreading into more areas. Naturally we asked our paramilitary forces to be prepared for any eventuality. It is the duty of the Government to see that the interests of the peace-loving people are protected. That is ©indirection and wherever necessary, only extra police forces are used and they too have strict instructions not to use force as far as possible.

Then, another point he raised about disagreement in talk. I have already said thg disagreement was for the period between 1961 and 1971. We cannot accept their demand, because we have to" go \>y certain agreements, international agreements existing laws and other things. We discussed it thoroughly, but we cannot accept their further demands. As I have kakl, the Government is determined and would like to solve these problem throufthi discussions. Thank you! SHRI AJIT KUMAR SHARMA: What about the other points? There are two other questions T put. THE VICE-CHAIRMAN (SHRI R. KAMAKR3SHNAN): You have already spoken, Mr. Sharma. As my predecessor pointed out, half-an-Hour is already over. But it is w important matter. There are

SHRI DINESH GOSWAMI (Assam): Mr. Vice-Chairman, Sir, since the beginning of this Session, we are trying t« 337 IMf-nn-ttour [ 25 AUG. 1983 ] Discussion 338 have a discussion on Assam. And it is tions of the Assamese people and {hat has extremely unfortunate that in spite of the fact intensified the intensity. Secondly, I have no that in the last election more than 3,500 doubt in my mind that the youths of Assam, the people died, according to the official estimate, students of Assam will never he divided on communal lines. And if ever they are divided, a discussion could not be hekl, and that i9 a very sorry state of affairs. And what we are that will be the saddest day for the country having today js some sort of a consolation at because on that day, I think, the unity and the the fag end of the day through a Half-an-hour integrity of this country will be threatened. I discussion. But, still it will give us an oppor- would not like to go nyich into the other aspects. tunity of expressing some of our viewpoints. But, I remember. Sir, that when there was a stalemate in these discussions all sections of this THE VICE-CHAIRMAN (SHRI R. House made an appeal to the Home Minister to RAMAKRISHNAN): Something is better invite the Movement leaders for talks. And than nothing. Gianl Zail Singh, as the Home Minister—as he SHRI DINESH GOSWAMI: Yes, some- was then—responded to this appeal and invited thing is better than nothing, because, I the Movement leaders for talks. I, Sir, again request on my behalf, and 1 am sure, I will remember, Sir, that when 300 people died in have the support of all sections of the House to Labanon there wa an enquiry and somebody s request the Government and I am sure that they took responsibility. When there lakhs of will respond to invite the MoVement leaders for people are displaced and 3,000 people died, a talks. After all, we have got that Chur-chillian there is neither an enquiry nor is their concept: "Never feafTo negotiate; never anybody in the Government to take the negotiate out of fear." And, Sir, you know that responsibility. But let us leave it at that. the Movement leadersTiave given call for Sir, ithe Government has said that they are agitational programmes, and once these open for negotiations; the doors for agitational^ "programmes will start the attitude negotiation are open. And you and I know will be hardened, and the State will be again in how the doors of Ministers have been open turmoil. In fact, I thought that the GoveranWn't because you cannot get in there even being a ought to have taken advantage' of these five or sis Member of Parliament. And he said- that the months in which there was no agitational negotiations will be called when the situation programme. And, therefore, I wil] appeal that the will be normal. But, does he not realise that Home Minister should give a time limit that the normalcy of the situation is closely inter- within this time limit of a month or within one linEed wilh negotiations? If you have the and a half months we will invite the Movement negotiations and a solution, then only the leaders for talks. If the Home Minister is situation can be normal. Unless there is a prepared to give such an assurance, we will negotiated solution of the problem, the appeal to the students and movement leaders situation can never be normal. I have heard, of Assam that during this period in which he has Sir, in the corridors of power that what is the assured of a negotiated settlement, there should use of negotiations now because the intensity be no agitationaf programme and I have no of the movement has died down. hesitation in my mind that the student leaders or the movement leaders will respond to it. SHRI NIHAR RANJAN LASKAR No, : And, therefore, the first concrete suggestion no. ' that I am making and which wilf prove to a great SHRI DINESH GOSWAMI: What I have extent whether the Government has any ' bona heard in the corridors of'power is what is the fides in their approach that they warn the talks to use of negotiations because the State be resumed, is that the Home Minister should Government has been able to break AASU on have arid now invite the leaders for talks within a communal lines. I Will submit. Sir, with my specified time. After all, the Government are experience of Assam "Klbve-inettt that the gft'tog T# have the taMSr -1?ere 'and every day intensity of th© Movement has not died t»e down. In fact, there Is a strong feeling of insecurity ID different sec- 339 Half-an-hour [ RAJYA SABHA ] Discussion 340

[Shri EHnesh GoswaniiJ v abroad because the people ol this country are entitled to know, the Members of Parliament Ministers with all tBeir famTues are coming u are entitled to know what y° have stated and staying in the Assam House and about the Assam movement to the outside obviously if negotiations are resumed the world? According to you it is in corrSct affairs of the State will not come to a halt. perspective, but the Houie shall What I am submitting is that you give a ! have to judge whether the perspective is correct invitation for talks. I do not want you to fix or not the date foday. But you should inform the movement leaders that within a month or a SHRI BISWA GOSWAMI (Assam): Mr. month and a half the talks will be held. Let u s Vice-Chairman, Sir, at the outset I would like have an outside time limit and on ou part we r to appeal to' the Home Minis-j ter to abandon jwill appeal to the movement leaders In the hostile attitude towards I the people of Assam to suspend all agitational programmes Assam. Sir, we have discussed the Assam till that date. And, if the Government doe not s issue several times in this House and t do not respond to it, they wii! expose themselves that want To repeat all those things. I would only they are not sincere to these talks. request the Government to change their present attitude. You should change your attitude in 1 Now the Government and the Home the interests of peace and tranquility in the Minister has denied about repression. But the North-Eastern fegfcm and also in the national fact remains that human rights continue to be interest. Unless' y°u do that, if you simply try violated in Assam even today and that is to find fault with the agitational leaders only, extremely important. We criticise about nothing will come out. The Election violation of human rights in Sri Lanka and Commission Report has come. It has proved Pakistan but, at the same time, in one part of the that elections which you held in Assam were far territory 61 this country there is continued from free and fair. It was a farce. It has been violation of human rights. Let me point out proved by the Election Commission's Report. In that probably this is one of the reasons why we spite of that if you want to stick to your original could not and did not pass a resolution plan, then you will not serve the interests of the condemning violation of human rights in Sri people. Is it not a fact, I want to know from the Lanka. I have heard, again in corridors of hon. Home Minister, that a solution was in power, if we passed a resolution Here about sight before the elections were declared? Is it what is happening In Sri Lanka, somebody not a fact? There was every "possibility of*% may pass a resolution about Nelli in sbme solution of the problem. But suddenly the other PafiTament. India has always stood for attitude of the Government changed and election human rights and therefore, no was declared. Sir, now the hon. Home Governnfent has the right to violate human Minister says that the doors are open. What rights and let there be an assurance from the is the Government doing in Assam? I do not Home Minister that violation of human rights want to mention the details. I have got a will not be tolerated and if any officer or long representation from a college and I somebody is found guilty of violation of human would just read one sentence: Professor rights, he will be held guilty. In conclusion my Nath affcf arrest was asked to run to the two or three questions are: (1) Are you police outpost. Professor Nath was arrested in prepared to make an invitation and state that HTs house and then he was asked to run to the within a time limit the leaders are going to police outpost. On the way he was kicked and invite the movement leaders for talks and we he fell down. In the police Iocl-up, Professor request them to suspend the agitational Nam was asked to uridress himself and then the programme; (2) Are you prepared to give an police officer forcibly tore his shirt and trousers assurance that human rights will not a.nd he was repeatedly slapped. This is the type be~violated under any cost and steps will be of things happening there in the stafe of Assam. taken against those violating their rights, and Do you think' peace and tranquility can be (3) Are you prepared to lay on the Table ol the restored in that State "if the Government, House this document which you havS circulated 341 Half-an-hour # [ 25 AUG. 1983] Discussion 342 the so-called legitimate Government, indulges and participated in the election, are being in such type of activity? He is a professor of a hounded up; fines are charged and so many college. You have arrested many people therei of our workers have been killed. I want But ho*' many of I hose responsible for the to know as to what steps the Government genocide and for violent activities there, have is taking to protect the life of the people you arrested? You are lenient to those who and restore democratic righ s of I JS are involved in the violent activities and you political parties and trade union movement. want 10 terrorise peace-loving people. Sir, I Sir. recently, the Chief Ministers of Assam believe, a solution is possible. Therefore, I and West Bengal came to an understanding would appeal to tie hon. Home Ministe* to that 24,000 refugees will be taken back and stop these repressive measure and change s after that, the AASU and the ASGSP leaders their attitude and invite the agita-iional hav made a statement that they will not allow leaders for talks. Let the tripartite talk be e s them to come. I would like to know what resumed and within a time limit, as Shri steps the Government is going to take in this Dinesh Goswami said, we should solve this regard so that these refugees who had to issue, because without the solution of foreign vacate their homes and go out of Assam, to nationals issue, your declaration about save their lives, are allowed to stay and live construction of barbed wire fencing and there? Thank you, sir. institution of some tribunals, will not bring peace to that area. You must be prepared to solve the issue once and for all. It is a genuine problem; you try to realise it. Unless you do that, peace in the area will "not be possible. ] would like to know whether the State Assembly, this State Government should still continue even after the submission of the Election Commission's report. You should dismiss that Government and let a free and congenial atmosphere be created in Assam for solution of the problem. Are you prepared to do that? I once again appeal to you; please start negotiations. Unless you start negotiations, this problem cannot be solved and without a solution of this problem, peace and tranquility will not come to that part of the country.

SHRI HARKISHAN SINGH SUR-JEET (Punjab); Mr. Vice-Chairman, Sir. I share the views of my colleagues that negotiations should be started with all the interested parties in Assam, with the leaders of the movement as well as others concerned, to find a solution within the framework of our Constitution, relevant laws and international commitments. 1 want this assurance from the Minister so that this issue be settled once and for all. So far as we are concerned, we are the victims at the hands of both. The left is always the victim of the Government repression as well as violence at the hands of the agitators. Scores of our workers have been killed; we have no democratic rights there. Even today, those who disagreed,

343 Haij-an-hour I RAJYA SABHA ] Discussion 344

SHRI BAHARUL ISLAM (Assam): Mr. Vice-Chairman, Sir, Assam situation is very delicate and we most discuss this natter vtry dispassionately. Otherwise, the situatios may worsen. What I a«t 345 Hail-uii-hottr I 25 AUG. 1983 ] Discussion 346 going to submit is from my personal ex- you must properly diagnose the disease-That perience, I am not going to argue and also I is the first thing. If your diagnosis is wrong, am not going to speak from any political you can never cure the disease. Secondly, the angle at all. Regarding the Home Ministry application of the remedy must also be pamphlet, I have not seen it meyself but the correct. Yon have properly diagnosed it but question raised by Shri Ajit Sharma has been your medicine is wrong, you can never cure it. answered by Mr. Laskar. 1 have not seen it Therefore, Assam situation must be properly personally, but I want to point out one thing. understood, appreciated, then try to solve ^it. In the month of April, I attended the World Don't take it politically. Regarding the Islamic Conference at Baghbad. 1 met many election, was the election thrust? Election Muslim leaders in the Conference. The Commission has explained it. In this House propaganda carried on in the Muslim the Prime Minister and other leaders have countries by some three to four nations hostile explained that it was a constitutional to India was that there was a regular genocide obligation. What is the nature of the of the Muslims in Assam. This is what is what government functioning in India? Our one leader of a particular Muslim country told government is a parliamentary government, me. When I explained the actual situation of based on elected Legislatures—Parliament Assam to him, he said that it was in the here and State Legislatures in the States. newspaper that 25,000 Muslims had been Therefore, for all adult cftizens who are killed. I said that I had not seen it in any voters, it is a constitutional duty to go to the newspaper. He said that he had rea* it in the election booth and cast their votes. On the American newspaper. Another leader of a contrary, it is a constitutional impropriety, delegation said that the Government of India illegality or it is a failure of constitutional had admitted killing of 15000 Muslims. I told duty not to go and cast your vote. It is a him that the admission of (he Government at constitutional impro-priety, may be illegality that time was killing of 1200 people and not also to ask people not to cast their votes, and 15,000, only 1200. Then I explained the to boycott elections. situation that in that incident in Assam about 3000 lives were lost. I said so because at that 7 P.M time the Government had not giVen the figure Now, in Assam, election was held. It was a of 3000, but on my own I said so because I constitutional duty. As the Constitution was have got full idea of the topography of Assam not amended, and President's rule was not and the villages affected there. On my own extended beyond 18th of March, there would responsibility I said that about 3000 people have been no constitutional government in had been killed, of which about 2000 might be Assam on and from 19th of March. There Muslims. At least one thousand were non- would have been chaos and anarchy. I Muslims. Out of them about 500 were tribals believe, in that case many more persons who claimed themselves to be the aboriginals would have been killed than were killed in the of Assam. So, in such a situation how could last elections. Now who killed these people? you say that there was a regular genocide of Was this killing the result of the elections? the Muslims in India? Possibly to remove was With great respect, I submit, 'No'. The killing such misgivings that pamphlet issued. 1 was due to the resistance and boycott of the have not seen jt yet. elections. And who were the persons who were killed? Those who went to cast their Secondly, with regard to the nature of the votes and those who cast their votes. election and killing of these people because Therefore, those persons were killed because Mr. Ajit Sharma has used one expression—he they performed a constitutional duty. This is my dear younger friend—■ that the 'bloody was wrong. election' was thrust at the cost °f human lives. It is common knowledge that before yon cure Now the question is whether the talks a disease should be resumed. Again I speak from my personal experience. In the month 347 Half-an-hour [ RAJYA SABHA ] Discussion 348

[Shri Bahanil Islam] of June and July, I there. Therefore, I appeal to all sections of visited several districts in Assam. The the people, irrespective of caste, creed or situation is far from normal according to me. I religion... (.Interruptions). met people of various shades of political opinion. I met leaders of AASTJ; 1 met THE VICE-CHAIRMAN (SHRI R. leaders of Gana Sangram Parishad; I met RAMAKRISHNAN): Please don't interrupt. leaders of other political parties, including the He is asking for clarifications. Congress(I) leaders and non-political people also". I visited different bar associations and SHRI BAHARUL ISLAM:... w> help in met members of the bar. People are upset and restoration of complete normalcy? so that emotionally involved. Some people say: "We talks may be held and this issue wived once and for all. want a solution of this issTne later; What we need first is peace". There is so much of distrust and suspicion among the different THE VICE-CHAIRMAN (SHRI R. communities that nobody believes the other. RAMAKRISHNAN): Now I will ask the hon. Therefore, this restoration of trust, belief and Minister to reply. respect is of first importance. PROF. SOURENDRA BHATTA- CHARJEE (West Bengal): What about me? My name is there. Now the question is, certainly it is the THE VICE-CHAIRMAN (SHRI R. desire of every body that sooner this issue 's RAMAKRISHNAN): There are so many solved, the fjetftr for every body, there will be peace ariy tranquility. But the first question names. I fully appreciate the importance of Will lie, Is tne^Shialion such that if the talks Assam but already one hour and five are held, they will succeed? The result may be minutes have been taken. two-fold: namely, trie talks'Th'ay fail; the taflts may succeed. If the talks succeed, SHRI G. C. BHATTACHARYA certainly it will be most welcome; there will (Uttar Pradesh): We will only put questions. be nothing like that. But if the taHcs fail, what will be the consequence? The consequence THE VICE-CHAIRMAN (SHRI R. nobody knows. Nobody knows whether the RAMAKRISHNAN): Please listen. The same disturbances will not be repeated "or way things are going on, with due res what will happen. So these questions have to pect to the proceedings of this House, be seriously stu-dide and then talks should we must re-christen the Half-an-Hour be resumed. Discussion.... (Interruptions) please listen to me.

I, therefore, appeal to aft se'cTWHs" of the PROF. SOURENDRA BHATTA- people of Assam to"help in restoration of CHARJEE: We must not be compelled to say normalcy. I do not know whether the Chief so but it is very unfortunate, Mr, Vice- Minister has said that" Complete normalcy has Chairman. returned. Only 6ti 15th of August, there was a bomb blast at Nowgong, as a result of which one person was killed and anoffifcr was THE VICECHAIRMAN (SHRI R. injured. I am told there was a newspaper RAMAKRISHNAN): Please listen to me. We report that another person has been beaten to must re-christen the Half-an-Hour Discussion death in the Nalbari area and another has been as "one-and a half-hour discussion", the injured. So we cannot say that absolute Calling Attention must be called the "daily normalcy has returned. If not, then will it be debate" and the legislative business, which is wise to fta've Ihe talks just now? If the talks all important, mus be called "sideline busi- succeed, well and' good. If not, difficulty ness". If this is the way the business fs will be conductd... PROF. SOURENDRA BHATTACHAR- JEE: We are the victims. 349 Half-an-hour [ 25- AUG. 1983 ] Discussion 350-

THE VICE-CHAIRMAN (SHRI R. tes incitement and other things, which can RAMAKRJSHNAN): No, you are not the have no relevance abroad. So this is a victims. publication whiih ought not have been printed PROF. SOURENDRA BHATTACHAR- by the External Affairs Ministry. It is a JEE: ou cannot arbitrarily cut down one scandal, so to say, and the Government name. Can you do that? should come forward to express that it was wrong to put it abroad. THE VICE-CHAIRMAN (SHRI R. The next point is regarding the resumption RAMAKRISHNAN): I am not cutting out of talks, I do not know whether my friend anybody. There are three or four names. I am Prof. Bhattacharjee who took umbrage that putting them together. identification from the cut-off year, i.e. 1971, PROF. SOURENDA BHATTACHARJEE: was not begun by the Home Ministry, would If anyboy who is in the Chair is free to act as agree to the cutoff year. If that agreement is he likes, let him do that. there, I think everything will be well; negotiations can proceed at peace. But the Home Ministers declaration that when normalcy is restored, (he discussion will begin, is a lame one because it is for restoring normalcy that negotiations are necessary. Therefore, without delay, that process should be initiated, taking into account the national commitment, the international agreement, and the constitutional provisions, without passing the buck from one to the other.

Thank you.

I have not discriminated, Prof. Bhatta- SHRI G. C. BHATTACHARYA: Sir, I charya. There are three or four people. I ' have would just put two questions. One is that a not discriminated one against the other. All responsible Member of the Opposition in the right, Mr. Bhattacharjee, please proceed. I in the last Consultative Committee appreciate the feelings of the House. of the tflome Ministry brought to the notice of the Home Minister that large scale arms, SHRI G. C. BHATTACHARYA: One or ammunition and bombs are being collected, two questions, and we will finish. and these are coming from neighbouring PROF. SOURENDRA BHATTACHAR- coantries, Bangladesh, China and other JEE; No, Mr. Vice-Chairman, the only thing I sources. If that is a fact, what steps have been took exception to was to leave certain names. taken to prevent collection of this? You might have said that you had appealed. My objection was... And the other question is whether they have been able to find out the culprits who are THE VICE-CHAIRMAN (SHRI R. responsible for massacres in Nellie and other RAMAKRISHNAN): Now leave the ob- places. If not, what have they done about it? jection. Talk about Assam. These are the two questions which should be answered. These two questions are inter- PROF. SOURENDRA BHATTACHAR- connected. You always say that foreign hand IEE: Mr. Vice-Chairman, at the very be- is there. Now I am putting it to you. The ginning, I must say that this is a very peculiar foreign hand has to be identified. The performance of the External affairs Ministry to destabilize lion process has been started by a have put this picture abroad on behalf of the foreign power like America not only in regard Government. It shows they have a certain to what is happening in Assam but also io. amount of expertise. The Home Ministry publication 1 as it has been published appeals that nothing should be said and done which crea- 351 Half-an-hour [ RAJYA SABHA ] DUcussbm 352

[Shri G. C. Bhattacharjee] Punjab; and now starting with Tamil Nadu it is part and parcel of the same. THE VICE-CHAIRMAN (SHRI R. RAMAKR'SHNAN): Last but not the least: Shri Satva Pal Malik.

THE VICE-CHAIRMAN (SHRI R. RAMAKRISHAN): Now the hon. Minister will reply. SHRI NIHAR RANJAN LASKAR: Sir,... SHRI DINESH GOSWAMI: Let Mr. Sethi reply. SHRI NIHAR RANJAN LASKAR: About the first point, about the tribunals, the detection of the...

SHRI DINESH GOSWAMI: If Mr. Sethi is not prepared to reply... THE VICE-CHAIRMAN (SHRI R. RAMAKRISHNAN): He has taken, note of the points, and he wil! reply. SHRI DINESH GOSWAMI: If the Cabinet Minister is not prepared to reply, as a mark of protest I will walk out

THE VICE-CHAIRMAN (SHRI R. RAMAKRISHNAN): That is up to you. But there is no obligation on him. Mr. Sethi is also going out.

SHRI DINESH GOSWAMI: A point of order. The hon. Home Minister is here. When an important debate is going on, he has no right to leave. With all respect, he cannot leave.

SHRI NIHAR RANJAN LASKAR: Sir, the subject ijj mine. It is not the Home Minister's.

THE VICE-CHAIRMAN (SHRI R. RAMAKRISHNAN): There is no point of order. Maybe that somebody has called him, or something like that It may VJ 353 Half-an-hour { 25 AUG. 1983 ] Discussion 354.

a coincidence. How do you know? He might to do so. But walking out, of course, was have wanted to leave the House, and at the objectionable. I welcome his return. same time you raised the question. THE VICE-CHAIRMAN (SHRI R. SHRI DINESH GOSWAMI: He should RAMAKRISHNAN): Please don't waste have taken the permission. As a mark of further time. I think, Mr. Mathur, in fairness protest I walk out. you can ask Mr. Goswami to walk in now. THE VICE-CHAIRMAN (SHRI R. Yes, Mr. Laskar. (Interruptions) He has RAMAKRISHNAN): It is up to you to leave explained, Mr. Goswami. the chamber or not. I will appeal to you. You sft wtftf f*T«? (3rPC ST??)) : have raised very pertinent the points. The Minister of State has noted the points. You must give due respect and listen to him. If you SHRI NIHAR RANJAN LASKAR: Sir, are not satisfied, theD, you say you are not only I would like to say that we are really satisfied and then you walk out. discussing a very serious situation, but the SHRI DINESH GOSWAMI: Mr. Vice- way our friends are behaving here, I don't think they are serious about the matter. Chairman, the fact is that the Home Minister was here. The fact is that when I appealed to SHRI DINESH GOSWAMI. Why? What him to reply, when I raised (hat, he has gone. is the objection? The Home Minister will go Thijs is the greatest disrespect that can be out and I can't protest about it? shown by a Minister. As a mark of protest I THE VICE-CHAIRMAN (SHRI R. am leaving. This is the worst precedent in this RAMAKRISHNAN): Mr. Minister, please House. I think this is the worst precedent that confine yourself to the, reply. the Minister while the subject is under dis- SHRI NIHAR RANJAN LASKAR: cussion, can leave at his sweet will. Sir, T am Sir, about the point which Mr. Jha raised, not prepared to lilrten. about the tribunal and the detection of 'At this stage the hon. Member left the post-1971 people, we are Serious about it chamber) and we are committed. You know the attempts we are making. We are enlarg (At this stage the hon. Member left the ing the tribunals and immediately, by chamber) October, we hope there will be 20 tribu nals. We expect to cover every Assemb ly constituency; there are 126. We are in the process of selection of judges and other things. Because they have to be taken from outside Assam and West Bengal, we are finding some difficulties in getting these personnel, but our attempts are THE VICE-CHAIRMAN (SHRI R. there and it will be done. RAMAKRISHNAN): The Cabinet Minister has come back. Please listen to what be says. Then about the walls, there is no question of erecting walls on the entire border, but THE MINISTER OF HOME AFFAIRS definitely we are going in for erection of (SHRI P. C. SETHI): I had some other fencing, barbed-wise fencing throughout business. So, this was allotted to him. He has Assam, not only Assam border, but West been present here throughout. It is better that Bengal and Tripura borders also. First we will he replies. complete the Assam border withhi the course THE VICE-CHAIRMAN (SHRI R. of two years. That is our expectation. RAMAKRISHNAN): He has explained the position. SHRI JAGDISH PRASAD MATHUR: He has every authority to nsk his deputy 864 RS—12