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A STUDY ON ILLEGAL IMMIGRATION AND ITS
IMPACTS ON INDIGENOUS PEOPLE IN ASSAM
Author: Swarup Singha
Designation: BA 6th Semester student, History Major, Dispur College
Corresponding author: Nibha Kumari
Designation: BA 6th Semester student, History Major, Dispur College
**This paper has been presented in an ICSSR sponsored International
Seminar organized by Dept. Of Political Science, Dispur College on
27-28 February 2023. Which was held in Shrimanta Shankardeva
Kalakshetra & Dispur College Auditorium.
© All Rights are reserved by the authors.
Abstract:
The study 'A Study on Illegal Immigrants and Its Impacts on Indigenous people in Assam'
aims to give an analysis report of illegal immigration and its socio-political, economic, ethnic
and other impacts in Assam amongst its indigenous people. From the long past Assam
witnessed a huge mass immigration in it. During the Medieval period the greater Ahoms
arrived here by crossing the Patkai range, then in the 18th century the Burmese from
Myanmar invaded Assam for political reasons. The Burmese had ruled here for almost half a
decade. The Assamese indigenous people suffered from high inhuman rule and torture during
the Burmese rule so they wanted to end up their rule at any measure. Finally in 1826 AD with
the Treaty of Yandaboo the Burmese were expelled from Assam but at the same time the
Britishers captured the administrative power of Assam in their own hands. After attaining
Assam's administrative power they had settled many tea gardens in Assam and wanted to
cultivate its virgin lands to gain more revenue. For which they were needed a huge number of
workers but the indigenous Assamese people refused to work on their field and gardens.
Therefore a big number of skilled workers and cultivators migrated into Assam from Bihar,
Bengal, Punjab, Eastern Bengal (present Bangladesh), and other parts of the country. The
number of migrated workers was so high that the demography of Assam completely changed.
Later, although in 1947 India gained its independence from British rule the flow of
population into Assam did not stop. Specially from Bangladesh a massive number of
immigrants entered into Assam during the Bangladesh war of 1971, which had threatened its
indigenous people. The Assamese indigenous threatened to be a minority in their own land
Assam as happened in Tripura and Sikkim. Thereby to overcome this situation in 1979 the
famous Assam Agitation started by the Assamese indigenous which lasted till 1985. On 15th
August 1985 a Memorandum of Understanding signed between the Union government and
the Agitation leaders known as The Assam Accord. According to the Accord all those
persons who entered Assam before 25th March 1971 shall be able to settle in Assam and the
rest fall in the category of illegal migrant or immigrants. In this paper we have given an
historical and analytical analysis of illegal immigrants of Assam, further we have also
featured the present debate of Citizenship Amendment Act 2019 related to immigrants issues
and indigenous rights.
Keywords:
Illegal Immigration, indigenous people, Bangladeshi, migration, Assam
Introduction:
There has been written a lot of documentation on immigration and its impact on indigenous
people of Assam with each passing century. No doubt Assam can be termed as the land that
has witnessed immigrants or migrants of various classes and groups with varied social,
political, and economic influence etc. Immigration on a huge scale gives rise to intense
existential fear and anxiety among indigenous people of Assam. Whereas Assam's history of
immigration probably started with the coming of Mongoloid, Austro-Mongoloid and also
migrated by the Aryans etc. The very famous ruler of Assam, and the founder of Ahom
Dynasty Sukapha, even came from China after crossing the Patkai range.
In the 19th century the British had encouraged a lot of people from different parts and
provinces and countries to come to Assam to work in tea gardens. The British even
encouraged the Bengali Muslims from Bangladesh to move to lower Assam and do the
cultivation of their uncultivated lands. Bengali Muslim people were even allowed to come
and settle down in Assam for political reasons. Apart from these significant immigration also
happened during the Bengal partition and even during the war of Bangladesh, 1971. The
Hindu immigration termed as refugees whereas the Muslim immigrants termed as economic
migrants, they were the two dominant classes of immigrants which particularly swamped
Assam, the north-eastern state of India. Approx 10 million people had entered Assam during
the Bangladesh war 1971 (Doley, 2020).
Assam is a meeting place of various ethnic groups, speaking different languages, religions
and customs. Since time immemorial Assam and its people, has always been a spectator of
migrants or immigrants of different castes and communities. The indigenous people of Assam
have been generally known as amiable to outsiders. However during the colonial period in
the 19th century the local elites aired an articulated form of anti-outsider sentiment for the
first time (Sharma C K, 2012). Even today the Marwari had monopoly control over Trade and
Commerce in the state. The presence of warehouses in the villages throughout Assam show
their stronghold over Trade and Commerce. An anti-Marwari sentiment was reverberated by
the petition of Maniram Dewan to Moffat Mills and some restiment versus the groups was
built up among the indigenous people of Assam, without any violence anti-Marwari action
witnessed till 1960. However, the Marwari sentiment came to occupy a significant space in
the Assamese nationalist discourse. In 1960 the Marwari misused their control over the
wholesale food market to trigger an artificial shortage of food to gain illegal profits. During
1964-1966 the whole India was reeling under a severe food crisis and there were popular
protests movement against the prevailing situation all over the country. In 1965, protests
began in Assam too. All Assam Students union (AASU) led an anti-Marwari movement when
there was shortage of food owned by Marwari businessmen in the urban center throught out
the brahmaputra valley were searched and ransacked. whereas the post colonial history of
Assam has been overloaded by the burden of immigration especially from the neighboring
countries like Bangladesh, Pakistan, Nepal and Afghanistan etc.
In the 20th century the British ruler imported people from different provinces to run their
administration. The next wave of Nepali influx, they were allowed to settle the colonial
administration, except for the region under North East Frontier Agency (NEFA), in some
excluded areas where even Assamese were not allowed to settle. They used to settle mainly in
the lower Assam area and remote forest area of Assam. They occupied the waste land and
char land, most of them were traded in milk and some in smuggled timber sold as firewood.
The British brought trained people from different parts of provinces, so they migrated
because the Assamese population had no proper idea to run the administration. This led to the
permanent settlement of people. Moreover due to the availability of land there was an influx
of people from east Pakistan. Even after the partition of the country compelled many people
to move to different neighboring states. The Assam movement was a major issue in Assam
due to illegal immigration. The indigenous people of Assam were feared that illegal
immigrants could abolish the true identity and culture or custom of the local indigenous
people of Assam. During the period of Assam Agitation or Assam Movement people have
been regarded as sacrifices of the 855 martyrs later on 60 as submitted by AASU (All Assam
Students union), in the movement of historic Assam (1979-1985). People sacrifice their lives
in the hope of an "infiltration free Assam". The people of Assam movement (1979-85) were
demanding the identification and deportation of illegal immigration from Assam. In the year
1985 finally the Assam Accord was signed between the government of India, state
government of Assam and the leaders of Assam Movement or Assam Agitation honored "The
Assam Accord " as an official, legislative and administrative measure to safeguard, legal
instrument that ensures the protection of their land, language, social, culture, linguistic
identity and customs of the indigenous people of Assam.
Objectives:
The major objective of this paper is to give a detailed and analytical report on illegal
immigration into Assam and the impacts on the indigenous people of Assam. The paper also
makes an objective to give a historical background of migration and immigration into Assam,
its major reasons and the recent debate in Assam related to The Citizenship (Amendment)
Act, 2019.
Methodology:
The paper is proposed mainly on the basis of secondary sources such as books, journals,
newspaper articles etc. Both qualitative and quantitative methods of social sciences research
are used here and it emphasizes here that all the datas available at hand has been properly
interpreted and presented.
Historical Background of Immigration into Assam:
The history of migration into Assam is far long, it is not adequately possible to point out all
those matters into one article and also most of the migration cases are not engraved or
described in any form. Therefore the colonization period of India and Assam is taken here as
the prime background of immigration into Assam. Before the emergence of the British the
Burmese invaded Assam in 1817 AD and ruled till 1826 AD. But on 24th February 1826 AD
with the Treaty of Yandaboo the Burmese rule was completely withdrawn from Assam and
the British colonial rule started. The colonial period witnessed a large-scale migration into
Assam, mainly from Bihar, Odisha, Rajasthan, Bengal, Eastern Bengal (present Bangladesh),
and some other parts of the country. It was mainly because there was a lack of eligible people
in Assam to run the administration, lack of skilled workers, and also they had established a
number of tea gardens in Assam where they needed a huge number of workers, on the other
hand the indigenous people of Assam were not interested to work in tea gardens. Besides
these the Britishers wanted to cultivate the virgin lands of Assam to gain more revenue so a
large scale cultivators from Eastern Bengal imported into Assam. Hereby the population of
Assam continuously increased. From population census data of India 1911 it can be seen that
the Assam's population increased to +16.99 percent in 1911 as compare to 1901 population
census, where in India it was increased to +5.75 percent; accordingly in 1921 Assam's
population increased to +20.48 percent where in India it was only +0.31 percent. A table
showing decadal growth of population in Assam from 1901-2011 given below:
Table 1: Decadal Growth of Population in Assam (1901-2011)
Decades Decadal growth of Assam
(in %)
Decadal growth of India
(in %)
1901-1911 16.99 5.75
1911-1921 20.48 0.31
1921-1931 19.91 11.00
1931-1941 20.40 14.22
1941-1951 19.93 13.31
1951-1961 34.98 21.6
1961-1971 34.95 24.80
1971-1981 23.80 24.66
1981-1991 23.80 23.85
1991-2001 18.85 21.34
2001-2011 16.93 17.64
Table1 source: Medusmita Borthakur (2018)
The demography of Assam continuously uplifting during British rule. Although in 1947 India
gained its independence it was divided into two major countries namely India and Pakistan
based on religious majority. From the partition of India the East Bengal and the Sylhet district
of Assam went to Pakistan's dominion since these were Muslim majority areas. After
partition the majority Hindus of Bangladesh and undivided Sylhet flew to Assam since they
had to face many religious riots and torture in there. Which resulted in an increase of
population density in Assam (see table 2).
Table 2: Population density in Assam (1901-2011)
Years Density in Assam (per
kilometer)
Density in India (per
kilometer)
1901 42 77
1911 49 82
1921 59 81
1931 71 90
1941 85 103
1951 102 117
1961 138 142
1971 186 177
1981 * 216
1991 286 267
2001 340 325
2011 398 382
Table 2 source: Census of India 2011
*Census not conducted in Assam in 1981
During the Bangladesh war, 1971 it is estimated that around 10 million refugees from East
Pakistan entered Assam of whom only 1.5 million returned. The remaining 8.5 million people
permanently settled in Assam (Doley, 2020). Which adversely affected the demography of
Assam hence in the year 1971 the population density of Assam crossed the population density
of overall India (referred table 2). It was mainly because of availability of better economic
opportunities in Assam, fertile land, better security that most immigrants did not want to
return again to Bangladesh. The other reasons not to return to Bangladesh were lack of job
opportunities in Bangladesh, lack of land, repeated drought and flood, etc. With the
settlement of such a huge number of population in Assam, its population increased to 34.95
percent in 1971 where in India it was 24.80 percent. The immigrants occupied almost all the
forest land, waste land of Assam. The indigenous people were feared to be minority in their
own origin thereby to keep themselves in power they had started the historical Assam
Agitation against the non indigenous in 1979 which was continued till 1985. The Agitation
reflected some positive results to indigenous communities. Since in 1971 the population
census was not conducted in Assam it was estimated that the population of Assam decreased
to 23.80 percent in 1981 from 34.95 percent in 1971. The Agitation ended with the famous
Assam Accord, 1985 signed between All Assam Students Union (AASU) leaders, All Assam
Gana Sangram Parishad (AAGSP) and the Union of India. The Accord termed that all the
persons who came to Assam on or after 25th March 1971, were considered as illegal
immigrants into Assam and they will be deported from Assam.
Illegal Immigrants into Assam:
As per The Citizenship Act of 1955 section 2(1)(b) "illegal migrants" are those who entered
India-
1. Without a valid passport or other valid documents; or
2. With a valid passport or other prescribed document but remains in India beyond the
permitted period of time.
Saikia. Nandita and et. al. (2016) it is stated that, "both direct and indirect estimates revealed
that Assam is the destination for the migrants mainly from East Pakistan/Bangladesh, Nepal
and Myanmar before and after India’s independence. On average, ninety percent of
immigrants in Assam are of Bangladeshi or Pakistani origin. Census report on immigrants
has been substantially under reported in post Assam movement period. Indirect estimates
shows assuming 1951 as reference period, the number of ever-immigrants and their
descendants in Assam rose as high as 4235124 in 2001."
Figure 1: Proportion of immigrants from Bangladesh/Pakistan to all immigrated
persons in Assam, 1961-2001
Source: Saikia. Nandita and et. al (2016)
According to The Assam Accord, 1985 all the foreigners who came into Assam on or after
the 25th day of March 1971 shall be detected and expelled in accordance with law; which
directly means them as 'illegal immigrants'. However, The Assam Accord also mentioned it
that the foreigners who came into Assam after 01.01.1966 (inclusive) and upto 24th March
1971 shall also be detected in accordance with the provisions of The Foreigners Act, 1946
and Foreigners (Tribunal) Order, 1964. All those persons whose name detected shall be
deleted from electoral rolls for a period of 10 years and after 10 years their names will be
restored in the electoral roll by naturalization process.
Here an important facts related to illegal immigrants need to keep in mind that there is a
special provision in The Citizenship Act of 1955, section 3 related to citizenship status by
birth. Section 3 clearly indicates that a person shall be considered as citizen of India is he of
she born in India -
1. On or after 26th day of January 1950, but before the 1st day of July 1987.
2. On or after 1st July 1987, but before the commencement of Citizenship (Amendment)
Act, 2003 and either of whose parents is a citizen of India at the time of his birth.
3. On or after the commencement of The Citizenship (Amendment) Act, 2003, where-
Both of his parents are citizen of India or
One of whose parents is a citizen of India and other is not an illegal migrant at
the time of his birth, shall be a citizen of India.
S K Sinha (1998) mentioned that in the years 1970 the total population of Bangladesh was
7.5 crore but in 1974 it decreased upto 7.14 crores. According to him, on the basis of average
3.1 percent of annual population growth the population in 1974 should have been 7.7 crore.
The shortfall of 6 million people can be explained only by large-scale migration.
It is important to note that both Hindu and Muslim communities migrated to Assam on a
large scale. S K Sinha mentioned that in 1971, 39 percent of Hindu population in Bangladesh
was reduced and in 1981 it was reduced to 36 percent. Sinha described that most of them
specially come to Assam (S K Sinha)
Sinha further stated that the Decadal growth of Hindus and Muslims in Assam was much
higher during the periods of 1951-61 and 1961-71 than the All India figure. Although in the
period 1971-91 (since there was no population census in 1981) the Hindu population rate in
Assam was less than the All India figure (refer table 3), which was mainly due to the large
scale mass movement of non-Assamese Hindus during the Student Movement and the
militancy activities in the state. But in the case of Muslims their population was much higher
than the All India rate. This point the Muslims continued to migrate into Assam.
Table 3: Community wise population growth in Assam, 1951-1991
Year Assam India
Hindu (in %) Muslim (in %) Hindu (in %) Muslim (in %)
1951-1961 33.71 38.35 20.29 25.61
1961-1971 37.17 30.99 23.72 30.85
1971-1991* 41.89 77.42 48.38 55.04
Table 3 Source: S K Sinha (1998)
*Since the population census was not conducted in Assam in 1981 two decades combined
here.
The Citizenship (Amendment) Act, 2019, illegal immigrants and indigenous rights:
The Citizenship Act of 1955 already defined the term illegal migrants or immigrants but in
2019 the Union Government of India amended the parents Act and provided the opportunity
of Indian citizenship to those who entered into India before 31st December of 2014.
The amendment states that, "any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or
Christian community from Pakistan, Afghanistan or Bangladesh who entered into India on or
before 31st day of December 2014 and who has been exempted by the central government by
under clause (c ) of sub-section (2) of section 3 if Passport (Entry into India) Act, 1920 or
from the application of the provisions of The Foreigners Act, 1946 on any rule or order made
thereunder shall not be treated as illegal migrants of this act". But it is to be noted that the
amendment excluded the Muslim residents of India.
The All Assam Students Union (AASU) and other all indigenous people of Assam strictly
opposed this Amendment to be enacted in Assam. The AASU filed a petition under Article
32 of the Indian Constitution, against it. AASU says in their petition that the Amendment is a
complete violation of The Assam Accord, 1985, and the section 3 of The Citizenship Act,
1955. AASU also argued that the amendment did not follow the United Nations Declaration
on the Rights of Indigenous Persons 2007 (UNDRIP), which granted the rights to indigenous
people to access and maintain all their land and culture among other things. The Declaration
also imposed a duty on states to protect their rights. Therefore it has been a major debate in
Assam.
The major impact faced by the indigenous people of Assam were as follows:
Economic impact:
It is important to highlight that there were both positive and negative impacts of migrants or
immigrants on the economy.
As in the above we have discussed that the British brought the peasants from east Bengal in
the beginning of the 20th century and brought better cultivation techniques and greater
varieties of crops. They even introduced the multiple cropping that has not been practiced by
the indigenous people. Because of their better cultivation techniques and ideas, there was an
increase in agricultural production. Assam had a surplus of rice and also had a number of
vegetables and crops which were earlier unknown in the state by as early as 1947.
The negative impact of migrants or illegal immigrants led to the over labor consequences.
Migrants or immigrants have a particular supply of cheap labor, even though there is an
apprehension that they take away jobs from native workers. The influx of illegal immigration
don't Even pay tax and thus they don't even contribute to government revenue. Cultivation
income – except for income from cash crops like tea - is not taxed. Furthermore the
immigrants don't even pay taxes but then also the government spends on providing basic
infrastructure like power supply, water supply, health and education to the immigrants. Even
the funds are allotted by the government. Apart from this, the state government had
established special departments like the minority development corporation, the char Area
development and primarily for the development of the immigrants from Bangladesh. A huge
amount of money is spent by the government every year in providing relief to the flood
victims in which the immigrants were living and subsidies on food items through fair price
shops etc.
Political impact:
Migrants or immigrants were employed as a vote bank of Indian political parties. Immigrants
were invited by the political parties in their respective states. Most of Bangladesh got their
name listed in the voting list illegally. The political parties used migrant or immigrant votes
to win the election. They used them to gain the vote. The migrants or immigrants group of
people cast their vote to political leaders who gave them the proper government facilities etc.
In Assam, The All Assam Student Union(AASU) said that the BJP led government enacted
the citizenship (Amendment) Act, 2019 for vote bank Politics. This act gives Indian
citizenship for illegal immigrants from Pakistan, Bangladesh and Afghanistan etc. The
indigenous people of Assam face a major identity threat as a result of influx of migrants or
illegal immigrants. Pakistan ISI has been active in Bangladesh supporting militants
movements in Assam(S K Singh, 1998).
The final update for NRC for Assam was published on 31st August, 2019. It contains about
3,11,21,004 persons' names out of 33 million people. It excluded 1,906,657 people from the
final NRC(Doley, 2020).
Social impact:
The influx of migration or immigration on a large scale led to a serious identity threat to the
indigenous people of Assam. The culture and customs of Assam indigenous people will be in
jeopardy, their political power will be weakened and the opportunities of employment will be
undermined by such migration or illegal immigrants. The immigration from Bangladesh
speak the language similar to the indigenous Bengali speaking Muslim of Assam, so it
becomes very difficult to identify and deport the migrants or immigrants from Assam. As
Assam being a Hindu majority state, the indigenous people were fearful that it would become
Muslim dominated due to the influx of migration or immigrations. The fear is conspicuous in
the violence that held in Udalguri and Goalpara district between the Bodos and Bangladesh
immigrants was a flare up based on social fear arising in the death of nearly 36 people. One
more similar incident took place in Kokrajhar district in July 2012. Migrants or immigrants
occupied the large area of forest land and waste land for settlement and did the cultivation
there. The state covered around 39% of land that was covered by forest in 1951-52 to about
30% now. Declining of forest land and settlement of indigenous people led to a serious
problem for the wildlife and the climate conditions etc.
Ethnic Impact:
The influx of immigration in huge scale led to an increase in ethnic tension between the
state's and indigenous people and Bengal immigrants. Muslim migrants were attacked by the
Bodo separatists rebels in Kokrajhar. More than 100 migrants were killed in a raid in
Bansbari, a makeshift camp for displaced Muslim in 1993. Communal violence happened
between the indigenous Bodos and Bengali Muslim speaking people in the month of July
2012. On 8th August 2012, over 400,000 people were taking shelter in 270 relief camps,
after being displaced from almost 400 villages. From which 77 people had died and eleven
people had been reported missing.
Conclusion:
After this study we came to the conclusion that the most of the illegal immigrants into Assam
came during the British period and the Bangladesh war of independence, 1971. The large
number of illegal immigrants made a serious threat to the indigenous people of Assam, the
Assam Movement 1979-85 was one of the major results of this problem. But Assam is not
freed from the illegal immigrants issues. Immigrants continuously came to Assam illegally. It
is not completely stopped even today. The issue of immigrants made a big change to Assam's
demography, political, and economic situations. In 2019 the government of India Amended
The Citizenship Act, 1955 for their vote bank politics, with this another controversy arose in
Assam. Now it is a matter of under consideration of these illegal immigrants and their
Citizenship status with respect to indigenous peoples rights.
Reference:
1. Baruah, S. (1986). Immigration, Ethnic Conflict, and Political Turmoil--Assam,
1979-1985. Asian Survey, 26(11), 1184–1206. https://doi.org/10.2307/2644315
2. Borthakur, M. (2018). Conflict emanating from migration. Nilima: A Journal of Law
and Policy, 1(2).
3. Bora A.C. (ed) (2012). Immigration and Demographic Transformation in North East
India, Purbanchal Prakash.
4. Deb, M. K., & Mahato, A. (2017). Understanding the politics around illegal migration
from Bangladesh into Assam and Tripura. Asian Journal of Research in Social
Sciences and Humanities. https://doi.org/10.5958/2249-7315.2017.00456.7
5. Doley, B. (2020). MIGRATION INTO ASSAM AND ITS POLITICAL AND
SOCIAL IMPACTS ON SOCIETY. European Journal of Molecular & Clinical
Medicine, 7(4), 3064–3067. https://ejmcm.com/article_5074.html
6. Dikshit, K. R., & Dikshit, J. K. (2014). Migration and Its Impact on the Society and
the Economy of North-East India. Advances in Asian Human-Environmental
Research, 457–502. https://doi.org/10.1007/978-94-007-7055-3_13
7. Guha, Amalendu (1977). Planter-Raj to Swaraj – Freedom Struggle and Electoral
Politics inAssam 1826-1947. New Delhi: Indian Council of Historical Research.
8. J, D., & D, T. (2016). Socio-Economic and Political Consequence of Illegal Migration
into Assam from Bangladesh. Journal of Tourism and Hospitality, 05(02).
https://doi.org/10.4172/2167-0269.1000202
9. Kalita, A. (2016). FORCED MIGRATION: PLIGHT OF THE HINDU MINORITY
IN BANGLADESH AND PRESENT CRISIS IN ASSAM. Global Research Forum
on Diaspora and Transnationalism, 3.
10. Kumar B B (2001). Illegal Migration From Bangladesh, Concept Publishing
Company, NewDelhi.
11. Mohan, R. (2020). Economic And Political Impacts Of Illegal Migration On Assam.
Ilkogretim Online - Elementary Education Online, 19(4).
https://doi.org/10.17051/ilkonline.2020.04.765129
12. Nath, H. K., & Nath, S. K. (2011). Illegal Migration into Assam: Magnitude, Causes,
and Economic Consequences. Social Science Research Network.
https://doi.org/10.2139/ssrn.1750383
13. Ragi, S. K. (2016). Infiltration of Illegal Immigrants and Electoral Politics in Assam.
Indian Journal of Public Administration. https://doi.org/10.1177/0019556120160316
14. Sarma Suresh K (2006). Documents in North East India: Assam Vol-V Mittal
Publications, New Delhi.
15. Sarma, C. K. (2012). The immigration issue in Assam and conflicts around it. Asian
Ethnicity, 13(3). http://dx.doi.org/10.1080/14631369.2012.676235
16. Sharma, N. (2019). Issues Of Migration, Ethnicity and Women During the Assam
Movement. LAP LAMBERT Academic Publishing.
17. Supreme Court Observer. (2022, September 12). CAA: Writ Petition Summary (All
Assam Students’ Union).
https://www.scobserver.in/reports/indian-union-muslim-league-citizenship-amendmen
t-act-caa-writ-petition-summary-all-assam-students-union/amp/
18. Sarma, M. (2022). AN ANALYTICAL STUDY OF ILLEGAL MIGRATION WITH
SPECIAL REFERENCE TO ASSAM. Indian Politics & Law Review Journal
(IPLRJ), 7, 22–32.
https://thelawbrigade.com/wp-content/uploads/2022/03/Mrinal-Sarma-IPLR.pdf
19. Saikia. N. et. al. (2016). Trends in immigration from Bangladesh to Assam,
1951-2001 Evidence from direct and indirect demographic estimation. Cross Border
Migration in Assam during 1951-2011: Process, Magnitude, and Socio-Economic
Consequences.
20. Sinha, S. K. (1998) “Report on illegal migration into Assam”. Submitted to the
president of India.

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A STUDY ON ILLEGAL IMMIGRATION AND ITS IMPACTS ON INDIGENOUS PEOPLE IN ASSAM

  • 1. A STUDY ON ILLEGAL IMMIGRATION AND ITS IMPACTS ON INDIGENOUS PEOPLE IN ASSAM Author: Swarup Singha Designation: BA 6th Semester student, History Major, Dispur College Corresponding author: Nibha Kumari Designation: BA 6th Semester student, History Major, Dispur College **This paper has been presented in an ICSSR sponsored International Seminar organized by Dept. Of Political Science, Dispur College on 27-28 February 2023. Which was held in Shrimanta Shankardeva Kalakshetra & Dispur College Auditorium. © All Rights are reserved by the authors. Abstract: The study 'A Study on Illegal Immigrants and Its Impacts on Indigenous people in Assam' aims to give an analysis report of illegal immigration and its socio-political, economic, ethnic and other impacts in Assam amongst its indigenous people. From the long past Assam witnessed a huge mass immigration in it. During the Medieval period the greater Ahoms arrived here by crossing the Patkai range, then in the 18th century the Burmese from Myanmar invaded Assam for political reasons. The Burmese had ruled here for almost half a decade. The Assamese indigenous people suffered from high inhuman rule and torture during the Burmese rule so they wanted to end up their rule at any measure. Finally in 1826 AD with the Treaty of Yandaboo the Burmese were expelled from Assam but at the same time the Britishers captured the administrative power of Assam in their own hands. After attaining Assam's administrative power they had settled many tea gardens in Assam and wanted to cultivate its virgin lands to gain more revenue. For which they were needed a huge number of workers but the indigenous Assamese people refused to work on their field and gardens. Therefore a big number of skilled workers and cultivators migrated into Assam from Bihar, Bengal, Punjab, Eastern Bengal (present Bangladesh), and other parts of the country. The number of migrated workers was so high that the demography of Assam completely changed. Later, although in 1947 India gained its independence from British rule the flow of population into Assam did not stop. Specially from Bangladesh a massive number of immigrants entered into Assam during the Bangladesh war of 1971, which had threatened its indigenous people. The Assamese indigenous threatened to be a minority in their own land Assam as happened in Tripura and Sikkim. Thereby to overcome this situation in 1979 the famous Assam Agitation started by the Assamese indigenous which lasted till 1985. On 15th
  • 2. August 1985 a Memorandum of Understanding signed between the Union government and the Agitation leaders known as The Assam Accord. According to the Accord all those persons who entered Assam before 25th March 1971 shall be able to settle in Assam and the rest fall in the category of illegal migrant or immigrants. In this paper we have given an historical and analytical analysis of illegal immigrants of Assam, further we have also featured the present debate of Citizenship Amendment Act 2019 related to immigrants issues and indigenous rights. Keywords: Illegal Immigration, indigenous people, Bangladeshi, migration, Assam Introduction: There has been written a lot of documentation on immigration and its impact on indigenous people of Assam with each passing century. No doubt Assam can be termed as the land that has witnessed immigrants or migrants of various classes and groups with varied social, political, and economic influence etc. Immigration on a huge scale gives rise to intense existential fear and anxiety among indigenous people of Assam. Whereas Assam's history of immigration probably started with the coming of Mongoloid, Austro-Mongoloid and also migrated by the Aryans etc. The very famous ruler of Assam, and the founder of Ahom Dynasty Sukapha, even came from China after crossing the Patkai range. In the 19th century the British had encouraged a lot of people from different parts and provinces and countries to come to Assam to work in tea gardens. The British even encouraged the Bengali Muslims from Bangladesh to move to lower Assam and do the cultivation of their uncultivated lands. Bengali Muslim people were even allowed to come and settle down in Assam for political reasons. Apart from these significant immigration also happened during the Bengal partition and even during the war of Bangladesh, 1971. The Hindu immigration termed as refugees whereas the Muslim immigrants termed as economic migrants, they were the two dominant classes of immigrants which particularly swamped Assam, the north-eastern state of India. Approx 10 million people had entered Assam during the Bangladesh war 1971 (Doley, 2020). Assam is a meeting place of various ethnic groups, speaking different languages, religions and customs. Since time immemorial Assam and its people, has always been a spectator of migrants or immigrants of different castes and communities. The indigenous people of Assam have been generally known as amiable to outsiders. However during the colonial period in the 19th century the local elites aired an articulated form of anti-outsider sentiment for the first time (Sharma C K, 2012). Even today the Marwari had monopoly control over Trade and Commerce in the state. The presence of warehouses in the villages throughout Assam show their stronghold over Trade and Commerce. An anti-Marwari sentiment was reverberated by the petition of Maniram Dewan to Moffat Mills and some restiment versus the groups was built up among the indigenous people of Assam, without any violence anti-Marwari action witnessed till 1960. However, the Marwari sentiment came to occupy a significant space in the Assamese nationalist discourse. In 1960 the Marwari misused their control over the
  • 3. wholesale food market to trigger an artificial shortage of food to gain illegal profits. During 1964-1966 the whole India was reeling under a severe food crisis and there were popular protests movement against the prevailing situation all over the country. In 1965, protests began in Assam too. All Assam Students union (AASU) led an anti-Marwari movement when there was shortage of food owned by Marwari businessmen in the urban center throught out the brahmaputra valley were searched and ransacked. whereas the post colonial history of Assam has been overloaded by the burden of immigration especially from the neighboring countries like Bangladesh, Pakistan, Nepal and Afghanistan etc. In the 20th century the British ruler imported people from different provinces to run their administration. The next wave of Nepali influx, they were allowed to settle the colonial administration, except for the region under North East Frontier Agency (NEFA), in some excluded areas where even Assamese were not allowed to settle. They used to settle mainly in the lower Assam area and remote forest area of Assam. They occupied the waste land and char land, most of them were traded in milk and some in smuggled timber sold as firewood. The British brought trained people from different parts of provinces, so they migrated because the Assamese population had no proper idea to run the administration. This led to the permanent settlement of people. Moreover due to the availability of land there was an influx of people from east Pakistan. Even after the partition of the country compelled many people to move to different neighboring states. The Assam movement was a major issue in Assam due to illegal immigration. The indigenous people of Assam were feared that illegal immigrants could abolish the true identity and culture or custom of the local indigenous people of Assam. During the period of Assam Agitation or Assam Movement people have been regarded as sacrifices of the 855 martyrs later on 60 as submitted by AASU (All Assam Students union), in the movement of historic Assam (1979-1985). People sacrifice their lives in the hope of an "infiltration free Assam". The people of Assam movement (1979-85) were demanding the identification and deportation of illegal immigration from Assam. In the year 1985 finally the Assam Accord was signed between the government of India, state government of Assam and the leaders of Assam Movement or Assam Agitation honored "The Assam Accord " as an official, legislative and administrative measure to safeguard, legal instrument that ensures the protection of their land, language, social, culture, linguistic identity and customs of the indigenous people of Assam. Objectives: The major objective of this paper is to give a detailed and analytical report on illegal immigration into Assam and the impacts on the indigenous people of Assam. The paper also makes an objective to give a historical background of migration and immigration into Assam, its major reasons and the recent debate in Assam related to The Citizenship (Amendment) Act, 2019. Methodology: The paper is proposed mainly on the basis of secondary sources such as books, journals, newspaper articles etc. Both qualitative and quantitative methods of social sciences research
  • 4. are used here and it emphasizes here that all the datas available at hand has been properly interpreted and presented. Historical Background of Immigration into Assam: The history of migration into Assam is far long, it is not adequately possible to point out all those matters into one article and also most of the migration cases are not engraved or described in any form. Therefore the colonization period of India and Assam is taken here as the prime background of immigration into Assam. Before the emergence of the British the Burmese invaded Assam in 1817 AD and ruled till 1826 AD. But on 24th February 1826 AD with the Treaty of Yandaboo the Burmese rule was completely withdrawn from Assam and the British colonial rule started. The colonial period witnessed a large-scale migration into Assam, mainly from Bihar, Odisha, Rajasthan, Bengal, Eastern Bengal (present Bangladesh), and some other parts of the country. It was mainly because there was a lack of eligible people in Assam to run the administration, lack of skilled workers, and also they had established a number of tea gardens in Assam where they needed a huge number of workers, on the other hand the indigenous people of Assam were not interested to work in tea gardens. Besides these the Britishers wanted to cultivate the virgin lands of Assam to gain more revenue so a large scale cultivators from Eastern Bengal imported into Assam. Hereby the population of Assam continuously increased. From population census data of India 1911 it can be seen that the Assam's population increased to +16.99 percent in 1911 as compare to 1901 population census, where in India it was increased to +5.75 percent; accordingly in 1921 Assam's population increased to +20.48 percent where in India it was only +0.31 percent. A table showing decadal growth of population in Assam from 1901-2011 given below: Table 1: Decadal Growth of Population in Assam (1901-2011) Decades Decadal growth of Assam (in %) Decadal growth of India (in %) 1901-1911 16.99 5.75 1911-1921 20.48 0.31 1921-1931 19.91 11.00 1931-1941 20.40 14.22 1941-1951 19.93 13.31 1951-1961 34.98 21.6 1961-1971 34.95 24.80 1971-1981 23.80 24.66 1981-1991 23.80 23.85
  • 5. 1991-2001 18.85 21.34 2001-2011 16.93 17.64 Table1 source: Medusmita Borthakur (2018) The demography of Assam continuously uplifting during British rule. Although in 1947 India gained its independence it was divided into two major countries namely India and Pakistan based on religious majority. From the partition of India the East Bengal and the Sylhet district of Assam went to Pakistan's dominion since these were Muslim majority areas. After partition the majority Hindus of Bangladesh and undivided Sylhet flew to Assam since they had to face many religious riots and torture in there. Which resulted in an increase of population density in Assam (see table 2). Table 2: Population density in Assam (1901-2011) Years Density in Assam (per kilometer) Density in India (per kilometer) 1901 42 77 1911 49 82 1921 59 81 1931 71 90 1941 85 103 1951 102 117 1961 138 142 1971 186 177 1981 * 216 1991 286 267 2001 340 325 2011 398 382 Table 2 source: Census of India 2011 *Census not conducted in Assam in 1981 During the Bangladesh war, 1971 it is estimated that around 10 million refugees from East Pakistan entered Assam of whom only 1.5 million returned. The remaining 8.5 million people permanently settled in Assam (Doley, 2020). Which adversely affected the demography of Assam hence in the year 1971 the population density of Assam crossed the population density
  • 6. of overall India (referred table 2). It was mainly because of availability of better economic opportunities in Assam, fertile land, better security that most immigrants did not want to return again to Bangladesh. The other reasons not to return to Bangladesh were lack of job opportunities in Bangladesh, lack of land, repeated drought and flood, etc. With the settlement of such a huge number of population in Assam, its population increased to 34.95 percent in 1971 where in India it was 24.80 percent. The immigrants occupied almost all the forest land, waste land of Assam. The indigenous people were feared to be minority in their own origin thereby to keep themselves in power they had started the historical Assam Agitation against the non indigenous in 1979 which was continued till 1985. The Agitation reflected some positive results to indigenous communities. Since in 1971 the population census was not conducted in Assam it was estimated that the population of Assam decreased to 23.80 percent in 1981 from 34.95 percent in 1971. The Agitation ended with the famous Assam Accord, 1985 signed between All Assam Students Union (AASU) leaders, All Assam Gana Sangram Parishad (AAGSP) and the Union of India. The Accord termed that all the persons who came to Assam on or after 25th March 1971, were considered as illegal immigrants into Assam and they will be deported from Assam. Illegal Immigrants into Assam: As per The Citizenship Act of 1955 section 2(1)(b) "illegal migrants" are those who entered India- 1. Without a valid passport or other valid documents; or 2. With a valid passport or other prescribed document but remains in India beyond the permitted period of time. Saikia. Nandita and et. al. (2016) it is stated that, "both direct and indirect estimates revealed that Assam is the destination for the migrants mainly from East Pakistan/Bangladesh, Nepal and Myanmar before and after India’s independence. On average, ninety percent of immigrants in Assam are of Bangladeshi or Pakistani origin. Census report on immigrants has been substantially under reported in post Assam movement period. Indirect estimates shows assuming 1951 as reference period, the number of ever-immigrants and their descendants in Assam rose as high as 4235124 in 2001." Figure 1: Proportion of immigrants from Bangladesh/Pakistan to all immigrated persons in Assam, 1961-2001
  • 7. Source: Saikia. Nandita and et. al (2016) According to The Assam Accord, 1985 all the foreigners who came into Assam on or after the 25th day of March 1971 shall be detected and expelled in accordance with law; which directly means them as 'illegal immigrants'. However, The Assam Accord also mentioned it that the foreigners who came into Assam after 01.01.1966 (inclusive) and upto 24th March 1971 shall also be detected in accordance with the provisions of The Foreigners Act, 1946 and Foreigners (Tribunal) Order, 1964. All those persons whose name detected shall be deleted from electoral rolls for a period of 10 years and after 10 years their names will be restored in the electoral roll by naturalization process. Here an important facts related to illegal immigrants need to keep in mind that there is a special provision in The Citizenship Act of 1955, section 3 related to citizenship status by birth. Section 3 clearly indicates that a person shall be considered as citizen of India is he of she born in India - 1. On or after 26th day of January 1950, but before the 1st day of July 1987. 2. On or after 1st July 1987, but before the commencement of Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth. 3. On or after the commencement of The Citizenship (Amendment) Act, 2003, where- Both of his parents are citizen of India or One of whose parents is a citizen of India and other is not an illegal migrant at the time of his birth, shall be a citizen of India. S K Sinha (1998) mentioned that in the years 1970 the total population of Bangladesh was 7.5 crore but in 1974 it decreased upto 7.14 crores. According to him, on the basis of average 3.1 percent of annual population growth the population in 1974 should have been 7.7 crore. The shortfall of 6 million people can be explained only by large-scale migration.
  • 8. It is important to note that both Hindu and Muslim communities migrated to Assam on a large scale. S K Sinha mentioned that in 1971, 39 percent of Hindu population in Bangladesh was reduced and in 1981 it was reduced to 36 percent. Sinha described that most of them specially come to Assam (S K Sinha) Sinha further stated that the Decadal growth of Hindus and Muslims in Assam was much higher during the periods of 1951-61 and 1961-71 than the All India figure. Although in the period 1971-91 (since there was no population census in 1981) the Hindu population rate in Assam was less than the All India figure (refer table 3), which was mainly due to the large scale mass movement of non-Assamese Hindus during the Student Movement and the militancy activities in the state. But in the case of Muslims their population was much higher than the All India rate. This point the Muslims continued to migrate into Assam. Table 3: Community wise population growth in Assam, 1951-1991 Year Assam India Hindu (in %) Muslim (in %) Hindu (in %) Muslim (in %) 1951-1961 33.71 38.35 20.29 25.61 1961-1971 37.17 30.99 23.72 30.85 1971-1991* 41.89 77.42 48.38 55.04 Table 3 Source: S K Sinha (1998) *Since the population census was not conducted in Assam in 1981 two decades combined here. The Citizenship (Amendment) Act, 2019, illegal immigrants and indigenous rights: The Citizenship Act of 1955 already defined the term illegal migrants or immigrants but in 2019 the Union Government of India amended the parents Act and provided the opportunity of Indian citizenship to those who entered into India before 31st December of 2014. The amendment states that, "any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian community from Pakistan, Afghanistan or Bangladesh who entered into India on or before 31st day of December 2014 and who has been exempted by the central government by under clause (c ) of sub-section (2) of section 3 if Passport (Entry into India) Act, 1920 or from the application of the provisions of The Foreigners Act, 1946 on any rule or order made thereunder shall not be treated as illegal migrants of this act". But it is to be noted that the amendment excluded the Muslim residents of India. The All Assam Students Union (AASU) and other all indigenous people of Assam strictly opposed this Amendment to be enacted in Assam. The AASU filed a petition under Article 32 of the Indian Constitution, against it. AASU says in their petition that the Amendment is a
  • 9. complete violation of The Assam Accord, 1985, and the section 3 of The Citizenship Act, 1955. AASU also argued that the amendment did not follow the United Nations Declaration on the Rights of Indigenous Persons 2007 (UNDRIP), which granted the rights to indigenous people to access and maintain all their land and culture among other things. The Declaration also imposed a duty on states to protect their rights. Therefore it has been a major debate in Assam. The major impact faced by the indigenous people of Assam were as follows: Economic impact: It is important to highlight that there were both positive and negative impacts of migrants or immigrants on the economy. As in the above we have discussed that the British brought the peasants from east Bengal in the beginning of the 20th century and brought better cultivation techniques and greater varieties of crops. They even introduced the multiple cropping that has not been practiced by the indigenous people. Because of their better cultivation techniques and ideas, there was an increase in agricultural production. Assam had a surplus of rice and also had a number of vegetables and crops which were earlier unknown in the state by as early as 1947. The negative impact of migrants or illegal immigrants led to the over labor consequences. Migrants or immigrants have a particular supply of cheap labor, even though there is an apprehension that they take away jobs from native workers. The influx of illegal immigration don't Even pay tax and thus they don't even contribute to government revenue. Cultivation income – except for income from cash crops like tea - is not taxed. Furthermore the immigrants don't even pay taxes but then also the government spends on providing basic infrastructure like power supply, water supply, health and education to the immigrants. Even the funds are allotted by the government. Apart from this, the state government had established special departments like the minority development corporation, the char Area development and primarily for the development of the immigrants from Bangladesh. A huge amount of money is spent by the government every year in providing relief to the flood victims in which the immigrants were living and subsidies on food items through fair price shops etc. Political impact: Migrants or immigrants were employed as a vote bank of Indian political parties. Immigrants were invited by the political parties in their respective states. Most of Bangladesh got their name listed in the voting list illegally. The political parties used migrant or immigrant votes to win the election. They used them to gain the vote. The migrants or immigrants group of people cast their vote to political leaders who gave them the proper government facilities etc. In Assam, The All Assam Student Union(AASU) said that the BJP led government enacted the citizenship (Amendment) Act, 2019 for vote bank Politics. This act gives Indian citizenship for illegal immigrants from Pakistan, Bangladesh and Afghanistan etc. The indigenous people of Assam face a major identity threat as a result of influx of migrants or
  • 10. illegal immigrants. Pakistan ISI has been active in Bangladesh supporting militants movements in Assam(S K Singh, 1998). The final update for NRC for Assam was published on 31st August, 2019. It contains about 3,11,21,004 persons' names out of 33 million people. It excluded 1,906,657 people from the final NRC(Doley, 2020). Social impact: The influx of migration or immigration on a large scale led to a serious identity threat to the indigenous people of Assam. The culture and customs of Assam indigenous people will be in jeopardy, their political power will be weakened and the opportunities of employment will be undermined by such migration or illegal immigrants. The immigration from Bangladesh speak the language similar to the indigenous Bengali speaking Muslim of Assam, so it becomes very difficult to identify and deport the migrants or immigrants from Assam. As Assam being a Hindu majority state, the indigenous people were fearful that it would become Muslim dominated due to the influx of migration or immigrations. The fear is conspicuous in the violence that held in Udalguri and Goalpara district between the Bodos and Bangladesh immigrants was a flare up based on social fear arising in the death of nearly 36 people. One more similar incident took place in Kokrajhar district in July 2012. Migrants or immigrants occupied the large area of forest land and waste land for settlement and did the cultivation there. The state covered around 39% of land that was covered by forest in 1951-52 to about 30% now. Declining of forest land and settlement of indigenous people led to a serious problem for the wildlife and the climate conditions etc. Ethnic Impact: The influx of immigration in huge scale led to an increase in ethnic tension between the state's and indigenous people and Bengal immigrants. Muslim migrants were attacked by the Bodo separatists rebels in Kokrajhar. More than 100 migrants were killed in a raid in Bansbari, a makeshift camp for displaced Muslim in 1993. Communal violence happened between the indigenous Bodos and Bengali Muslim speaking people in the month of July 2012. On 8th August 2012, over 400,000 people were taking shelter in 270 relief camps, after being displaced from almost 400 villages. From which 77 people had died and eleven people had been reported missing. Conclusion: After this study we came to the conclusion that the most of the illegal immigrants into Assam came during the British period and the Bangladesh war of independence, 1971. The large number of illegal immigrants made a serious threat to the indigenous people of Assam, the Assam Movement 1979-85 was one of the major results of this problem. But Assam is not freed from the illegal immigrants issues. Immigrants continuously came to Assam illegally. It is not completely stopped even today. The issue of immigrants made a big change to Assam's demography, political, and economic situations. In 2019 the government of India Amended The Citizenship Act, 1955 for their vote bank politics, with this another controversy arose in
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