Posts Tagged ‘Bengali’

Supreme Court remarks on illegal detention fly in face of India’s constitutional and international obligations: CHRI

May 5, 2019
Supreme Court of India. Photo The Hindu

Supreme Court of India. Image: The Hindu

New Delhi, May 1

The Supreme Court needs to reaffirm India’s constitutional and international obligations to rights on complex issues of nationality, detention and deportation and not be unmindful of its own commitment to these duties, the Commonwealth Human Rights Initiative (CHRI) has urged.

The following is the text of the statement, issued today, and signed by a group of eminent citizens including former Supreme Court Justice Madan Lokur, Wajahat Habibullah, CHRI’s Chair and former Chief Information Commissioner, Justice AP Shah, former Chief Justice of the Delhi High Court, and a number of senior former officials and civil society leaders:

As concerned citizens, we look to the Supreme Court to reaffirm India’s constitutional and international obligations to rights on sensitive issues.  That is why we are disappointed by recent statements by the Chief Justice of India on a complex matter relating to illegal detention and deportation, without heeding India’s own constitutional and international obligations.

While advocating greater detention of suspected ‘foreigners’, the Chief Justice brushed aside the Assam Chief Secretary with a stinging admonition for proposing a methodology for the release of a handful of foreign prisoners who had been in detention beyond their term of sentence for illegal entry. This was especially of concern for the case concerned the wilful violation of the human rights of hundreds of detainees who were languishing in what the court itself accepts are “inhuman conditions”.

We regard these remarks as unfortunate.

Article 21 is very clear in its intent, ambit and process. It binds all duty-holders and citizens with the ringing affirmation that no person in India (and we emphasize that there no special privileges here for Indian citizens) can be deprived of her/his right to life and liberty without due process.

NRC

NRC Official Logo

There is no deportation agreement with Bangladesh. International law lays down that such deportations can take place only with the consent of the country of origin. Bangladesh has consistently refused to accept that its citizens migrate in large numbers to India. Indeed, Bangladesh regards such unilateral efforts as harmful to a bilateral relationship that is critical for the security and stability of both countries and especially of our eastern region.

We cannot place ourselves in a situation where we are seen as forcing people out at gunpoint; it would be ethically unjust, wrong in law and draw international condemnation.

We are acutely sensitive to concerns in Assam and other parts of the North-east and across the country about the problem of illegal migration from Bangladesh, a long-standing issue that has defied official proclamations and pledges of “push back”, “deportation” and “detection”.

Whatever methods are used they must be undertaken within the rule of law frame, be just and fair and designed to minimise individual hardship and tragedy. We believe there is a need that this is a tragedy of growing intensity which is gathering momentum as a result of the current National Register of Citizens (NRC) exercise in Assam.

Accounts from Assam indicate that often arbitrariness not rule of law is used to define those who have come post-1971 from Bangladesh (of whatever religious denomination) and those who are Indian nationals.

NRC-FORMS, SABRANG INDIA

People submitting NRC applications, Photo: Sabrang India

Lakhs are in limbo and now fear that they may become “stateless” because of a process that is mired in a mix of complexity, confusion, lack of precision and prejudice.

Many of those at risk are from the bottom of the economic pyramid, unable to sustain the complex adjudication process needed to establish their citizenship. Large numbers are already in detention camps.

Although the Supreme Court mandated deadline for a ‘final’ list is July 2019, we understand that not less than 38 lakh persons out of the 40 lakh (four million) who had found themselves off the NRC last year have filed applications for inclusion.  Such a huge number of requests cannot be processed in two months and we urge that this not be hurried as the consequences are too devastating to contemplate. The efforts need to be steady and methodical so that the charges of arbitrariness, prejudice and poor record keeping, which have plagued the NRC process, do not stick.

It must be pointed out here that India is a signatory to the Universal Declaration of Human Rights in which its representatives played a stellar part in developing the language that all of us are familiar with in regard to equality, non-discrimination and gender.  Our international commitments are clear as to the rights of people affected in such situations.

It would also be unacceptable if any Indian of any religious denomination is harmed by negligence, wilful prejudice, wrongful confinement and prosecution.

Failure to address this critical situation adequately and justly would be seen internationally as a gross violation of human rights and a blot on India’s traditional record.  What is also of concern to us are social fault lines that could be exacerbated by insensitive handling that could leave many people desperate, particularly youth, with the potential of radicalization.

As concerned citizens, we appeal to the judicial system and the government to explore a solution that addresses the human dimension. The situation in Assam and inter alia other parts of the North-east represent unprecedented challenges and conditions that cannot be resolved by application of a routine legal framework which is designed to deal with individual cases.

Wajahat Habibullah, Chairperson, CHRI

Members:
Justice Madan Lokur

Justice AP Shah

Ms. Vineeta Rai (IAS, retd, former Revenue Secretary  to the Government of India)

Nitin Desai, former Under Secretary, United Nations)

Jacob Punnoose (IPS, retd)

Poonam Muttreja (Member, Executive Committee, CHRI)

Kamal Kumar (IPS, retd)

Ms. Maja Daruwala (Adviser, CHRI)

Jayanto N. Choudhury (IPS, retd)

Dr. BK Chandrashekar (ex MLC, Karnataka)

Sanjoy Hazarika (International Director)

——————————————————————————————————————The statement is a verbatim reproduction from CHRI website at http://www.humanrightsinitiative.org/press-releases/supreme-court-remarks-on-illegal-detention-fly-in-face-of-indias-constitutional-and-international-obligations-chri

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Assam: Abuse, threats, intimidation and false case against human rights defender, scholar and writer Prof. Tapodhir Bhattacharjee

July 9, 2018

Assam human rights defender and renowned literary theorist and litterateur of South Asia Mr. Tapodhir Bhattacharjee has been abused, threatened and booked for an article written by him exposing the discriminatory and arbitrary procedure of updating of National Register of Citizens (NRC).

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Prof. Tapodhir Bhattacharya

Please sign the petition HERE

Following the publication of an article in by Professor Tapodhir Bhattacharjee, on Tuesday 3rd July, 2018 in the “Aajkaal“, a leading Bengali daily news-paper published from Kolkata, West Bengal, titled “Assam e Bangalir Shoroshojja” meaning “Bengalis on a bed of thorns in Assam” pointing out the racist and anti-people aspects of ongoing updation process of National Register of Citizens in Assam, at first, a section of electronic as well as print media based in Guwahati including the Pratadin Times, News 18 Assam etc. and “Edinor Sangbad”, “Axomiya Pratidin” among the print media branded him as a conspirator against the Assamese community. Then on 8 July a complaint was filed for registering a false criminal case against him in Dispur Police Station purportedly under section 153A of the Indian Penal Code, 1860.

Mr Tapodhir Bhattacharjee is a renowned and award winning literary theorist and critic and exponent of the contemporary theory and comparative aesthetics. Along with it, he is an essayist, poet, story-writer and the editor of a widely circulated little magazine “Dwiralaap”. He is a dedicated Human Rights Defender and at present works as the President of the Citizens Rights Protection Co-ordination Committee(CRPCC). This organization has been working against arbitrary deprivation of citizenship rights of the citizens and against continuous enforced statelessness of people of Assam for a long time. He is also an honorary member of Barak Upottoka Bongo Shahitto O Sanskriti Sammelan (Barak Valley Bengali Literary and Cultural Association), a prestigious body of litterateurs and intellectuals of South Assam. He is also the former Vice-Chancellor of the Assam University, Silchar and Tagore Professor of Delhi University. His father late Mr. Tarapada Bhattacharya was a freedom fighter and a member of the Assam Legislative Assembly from Katigorah Constituency, Cachar. Both of his parents were teachers. His wife Mrs. Swapna Bhattacharya is also a renowned and award-winning story-writer. Defaming and intimidating a person of such a stature and popularity is designed to stop him from his constant work mainly through writing and raising awareness for protection of basic human rights of linguistic and ethnic minorities of Assam as well as other human rights defenders working on the issue of arbitrary deprivation of citizenship rights of people in Assam.

After the Bharatiya Janata Party (BJP) formed governments both at centre in 2014 and in Assam state in 2016, one hundred more Foreigners Tribunals were set up and a large number of people including the indigenous people of Assam were served notices by these Tribunals and in many cases notices are not properly served and decisions are taken ex -parte declaring the person referred to in the case as a foreign national under a procedure that puts burden of proof on the suspect. After such decision, people are kept in detention centres indefinitely. Moreover, since the updation of National Register Citizens for Assam is going on in the state under a questionable procedure, a sense of helplessness and desperation have developed among the vulnerable groups of people to such an extent that at least ten people, including a man from indigenous Boro community and rest from people of Bengali origin, have committed suicide. More recently through a letter dated 11 June 2018 addressed to the Minister of External Affairs, Government of India, United Nations’ Special Rapporteur on minority issues, the Special Rapporteur on contemporary from of racial discrimination, xenophobia and related intolerance, the Special Rapporteur on promotion and protection of right to freedom of opinion and expression, and the Special Rapporteur on freedom of religion or belief have expressed their concerns and asked for a report from the Government of India on the issue of discrimination faced by people of Bengali origin. In such a scenario the term “bed of thorns”, which is a metaphor taken from the Indian epic Mahabharata, appears to have been used in the post-editorial essay to denote this extremely stressful and uncertain situation prevailing in Assam as an outcome of discriminatory, arbitrary and irrational procedure adopted by the NRC authorities.

The complaint filed in Dispur Police Station is has invoked section 153A of the Indian Penal Code, 1860. Section 153A provides punishment for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony and is non-bailable. The opinion piece penned by Mr. Bhattacharya does not by any stretch of imagination falls under any penal provisions of law, let alone section 153A, IPC. He critiqued the state policies and actions that are resulting in arbitrary deprivation of citizenship of a large number of citizens of India including people of indigenous communities through a procedure already questioned by the United Nations Special Rapporteurs. There is not a single word in his entire essay that is calculated to promote enmity between communities. Rather the write-up seeks to promote harmony between communities through promotion and protection of equal rights of people of all communities living in Assam. The speech in the article is well within the protection of Article 19 of the Constitution of India as well as Article 19 of the International Covenant on Civil and Political Rights, 1966. And it does not fall under any of the eight items enumerated under Article 19(2).

His works as the president of CRPCC and member of other civil society organizations as well as in his individual capacity fall within the meaning of human rights works as contemplated under the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms and as such he is also protected under the declaration as a human rights defender.

In this background it appears that the defamation, threats and the false complaint against Mr Tapodhir Bhattacharya is an effort to create an environment of fear among the human rights defenders and progressive community workers. It is to be mentioned that earlier also in the 1970s and 80s, hundreds of community workers were killed in Assam after branding them as “Badan” meaning “conspirator and traitors”.

Therefore, Mr Tapodhir Bhattacharajee is at risk of getting physically assaulted and even killed by the extremists. He is also likely to be harassed by the police in connection with the complaint against him. There are also concerns about safety and physical and mental well being of his family and friends and other human rights defenders working in Assam, particularly on the issue of arbitrary deprivation of citizenship.

 

Please sign the petition HERE

 (For more information,  Taniya Laskar may be contacted at bhrpc.ne@gmail.com.)

NHRC notice to the Government of Assam over allegations of harassment to the people in the name of verification of their nationality (15.11.2017)

November 15, 2017

PRESS RELEASE

New Delhi, 15th November, 2017

The National Human Rights Commission, NHRC has issued a notice to the Chief Secretary, Government of Assam after taking suo motu cognizance of the allegations reported in the media about the harassment being meted out to the people by the police in the name of verification of their nationality in the State. Reportedly, due to the illegal immigration from Bangladesh to Assam, the people belonging to Bengali origin are under scanner for years together and the Assam Government has set up Foreigners’ Tribunals to deal with the doubtful cases.

The Commission has observed that it has carefully perused and examined the contents of the news report, carried on the 31st October, 2017. The steps taken to identify the suspect cases of illegal immigration and setting up of Foreigners’ Tribunals is a policy perspective of the government and it would not like to intervene into that matter but the allegations that in the name of verification, the poor people are being subjected to harassment and humiliation is a matter of concern for the Commission, as it amounts to violation of right to equality and dignity of the innocent victims.

According to the media report, there are detention centres in the State of Assam, where the people, under scanner, are lodged in two categories, Bangladeshis and D-voters. In many cases, once a person is declared an Indian citizen is again served notice by the police. It is further mentioned that at the time of hearing, the subjects are not allowed to wear their shoes and they have to enter barefoot, inside the Court, while the government officers and advocates are exempted.

A specific case of one Shri Moinal Molla has been mentioned in the media report. His parents, wife, children, brother and rest of the family are Indians and still his citizenship was rejected by the authorities. He spent more than two years at a detention centre. It was only after the intervention by the Apex Court, the justice was done in his case.

As mentioned in the report, there are 89,395 people estimated as illegal immigrants in Assam till August, 2017 and currently there are more than 2,000 people languishing in the detention centers, across the State, who are, allegedly, being subjected to discrimination.
*****

The Press Release was published in the NHRC website and it is reproduced here verbatim: http://nhrc.nic.in/dispArchive.asp?fno=34386

How the NRC updation in Assam threatens to render a large section of Bengali settlers in the state stateless

September 13, 2015

Joydeep Biswas

A riot victim woman whose house was burnt down by the militants takes shelter at a relief camp in Narayanguri village in Baksa district of Assam. Photo: The Hindu

A riot victim woman whose house was burnt down by the militants takes shelter at a relief camp in Narayanguri village in Baksa district of Assam. Photo: The Hindu

Very few in mainland India are aware at the moment that a process of citizens’ registration on the basis of racial profiling is under way on the eastern fringe of the country. The national media — both print and electronic — has not cared even to report the ongoing preparation of the National Register of Citizens (NRC), leave alone analysing the legal nuances involved in the action and the possible plight of the ‘denizens’.

This exercise, initiated through a gazette notification dated December 5, 2013 by the Registrar General of India, was initially due to be completed within a time span of three years. But the judgment delivered by a Division Bench of the honourable Supreme Court (Coram JJ, R. Gogoi, R.F. Nariman), dated 17 December 2014, advanced the due date of publication of the final NRC to January 1, 2016. The whole exercise, set off in a selective manner only for the State of Assam, is meant for detection, detention and deportation of the illegal migrants who crossed over to Assam from Bangladesh on or after March 25, 1971.

The vexed issue of infiltration and expulsion of foreigners in Assam, which has dominated the political theatre of the State for over three decades, has got close links with the very history of the subcontinent. Colonial history of the State dates back to 1826 when, under the Treaty of Yandabo, the then geography of what is now called Assam came under the British rule. And the tract was made a part of the Bengal Presidency which, of course, included the erstwhile East Bengal as well.

The first partition of Bengal

In a different turn of events, Cachar, now one of the three districts forming the Barak Valley in southern Assam, was annexed by the Britishers after the fall of the Kachari Kingdom in 1832, and was also made a part of the huge Bengal Presidency. Such arrangements were made much before the first Government of India Act, 1858 through which control over the Indian territories held by the British East India Company was vested in the British queen.

They effectively meant that people of Bengal and of Assam — transcending ethnicity, language and culture — lived within the same administrative jurisdiction and under the same political dispensation.

In 1874, by a whimsical decision of the British government, two districts of East Bengal — Sylhet (along with Cachar) and Goalpara — were separated from the Bengal Presidency, and were joined with Assam to create a new administrative unit which was placed under a Chief Commissioner. This was technically the first Partition of Bengal, a development that unfortunately escaped the attention of the mainstream scholarship.

Much has been written and read about the partition of Bengal in 1905, and its eventual rollback in 1911. However, surprisingly enough, historians of modern India have shown cruel indifference to the cultural knifing of 1874, due to which the Bengalis of Sylhet and Goalpara of the then East Bengal, for no fault of theirs, had to shift their allegiance to a completely different cultural geography.

The colonial power had its own fiscal logic. Sylhet, a revenue-rich district in British India, was tagged with a revenue-deficit Assam to address the administrative purpose of fiscal rationalisation. These two districts thereafter continued to exist inside the administrative boundary of Assam for the remaining length of the colonial rule. In 1947, Sylhet was lost to Pakistan on the basis of the outcome of an allegedly rigged referendum.

The communal carnage that took over the subcontinent resulted in the biggest displacement of people in the recorded history. The humanitarian crisis had its ramifications both on the eastern and the western boundaries of the newly liberated India. But in terms of number, intensity and continuity, impact of the exodus felt on the eastern front far exceeded that on the west. The internal political turmoil, coupled with communal riots first in East Pakistan, and then in Bangladesh, made sure movements across the boundary remained a regular feature even after 1971.

This repeated redrawing of political map of Assam, along with that of the twin valleys of Surma and Barak by the colonial rulers, showing utter disregard to the sentiments of the Assamese and the Bengalis, is causally connected to the emergence of the parochial political patriarchs who assumed power in the Assam in the post-Independence India. Assamese middle-class saw in the British actions of administering Bengali settlement on their own land an evil design of linguistic hegemony. Hence, in the post-colonial Assam, they tried to correct history.

In a bid to retaliate, the Assamese elites, who by then had got a fair share of political power, began to treat Bengali settlers on Assam’s soil as ‘cultural foreigners’. The genesis of the anti-foreigner movement, spearheaded by the All Assam Students’ Union (AASU) during 1979-85, thus, dates back to the series of above happenings where politics played mayhem with culture.

The bogey of ‘infiltration’

There was no evidence provided by either the government or the academia about the scale of cross-border movement of people. Despite that, the xenophobic movement launched by the AASU during the early 1980s was successful in convincing the Indian establishment that a ‘marauding infiltration’ by Bangladeshi nationals from across the border was putting the Assamese language and culture in great danger.

The six-year-long violent agitation, which left hundreds dead and thousands traumatised, culminated in the inking of the Assam Accord on August 14-15, 1985. This tripartite memorandum of settlement between the Centre, the Assam government and the AASU leadership was considered ‘historic’ in the Brahmaputra Valley. The Citizenship Act, 1955 was suitably amended by the Parliament to incorporate Section 6(a), bringing in a special provision of citizenship for Assam.

The legislative passage engineered by the Rajiv Gandhi government, which had a brute majority in both the Houses, did not care for the history, geography and anthropology of colonial Assam. The Nellie pogrom of February 18, 1983, in which more than 2,000 Bengali-speaking people, including women and children, were butchered, was conveniently forgotten by the Indian state. That gory incident has never been given enough attention in the media.

Legitimisation of racial violence

Successive governments have not been able to bring the killers to justice. To the contrary, the metamorphosis of AASU into Asom Gana Parishad and its eventual victory in Assembly elections has practically legitimised the racial killings.

The Bengali speaking citizens in Assam now face a new kind of terror, this time, from the Indian government. On the strength of an agreement, the State government is now active in the preparation of the National Register of Citizens. This is aimed at labelling lakhs of Bengali-speaking citizens as ‘illegal Bangladeshi infiltrators’.

The relevant rules and provisions in the statute book, including the Citizenship Act, 1955; the Foreigners Expulsion Act, 1946; the Immigrants (Expulsion from Assam) Act, 1950; the Foreigners Tribunals Order, 1964; and the Citizenship Rules, 2003 (as amended in 2009 and 2010), have all been very carefully crafted over the years to evict from Assam the Partition victims of erstwhile East Pakistan, now Bangladesh.

The Indian government has decided to upgrade the NRC only for the State of Assam even though, ideally, the exercise should have covered the entire country. The purpose of this official action is not difficult to decipher. The stringent set of conditions attached to the process requires the Bengalis of Assam to prove their Indian citizenship solely on the basis of their or their ancestors’ names appearing on the electoral rolls published up to 25 March 1971 and the NRC of 1951, failing which they would be thrown out of the updated NRC.

To make things complicated for these people, such electoral rolls are found to be both incorrect and incomplete. On the other hand, their Assamese and tribal counterparts would find easy inclusion, by virtue of being the ‘original inhabitants of Assam beyond reasonable doubt’.

The key question that confronts us now is: what would happen to these hapless Bengali settlers? In the absence of any bilateral arrangement between India and Bangladesh, the latter is not ready to take them back. This implies that lakhs of such Indian citizens, who have had their names on the Indian electoral rolls for the past four decades, and who are in possession of Electoral Photo Identity Card, would be rendered stateless. Going by the existing deportation norms and practices, they will just be evicted to the no man’s land on the Indo-Bangla border, that too in the dead of night. It will be a shameful moment for India, a proud signatory to the Universal Declaration of Human Rights.

(Joydeep Biswas is an associate professor of economics in Cachar College, Assam (Central) University.E-mail: joydbiswas@gmail.com)

The piece was first published in the Hindu and can be accessed here http://www.thehindu.com/opinion/lead/the-starkness-of-being-nowhere/article7633845.ece

Assam Clashes: From Humanitarian Crisis to Ethnic Pluralism

August 6, 2012

Prasenjit Biswas*

The perpetual fear in the eyes of 126 years old Jagat Basumatary and his wife Malati Basumatary in a camp 70 kms away from their home located at Bengtoli village of Chirang district tells it all. Jagat Basumatary’s appeal for peace and tranquility in the midst of attack and counter-attack raises a concern for mutual respect and bond between Bodos and Bengali Muslims. The apparent difference of identity between an immigrant Bengali Muslim and a Bodo indigenous person gets dissolved in the remarkable story of Parbotjhora subdivisional area of Kokrajhar where both the sides resisted any attempt to disturb peace. So also goes the example of Kukurmari village at Chirang district where both the communites stood guard at each other’s doors.

Assam map

Assam map

Among the most dastardly attacks on human dignity and persona is the one in which Sumana Basumatary, a woman in her late thirties had to leave her house at Salkocha-Bansbari at Kokrajhar district with two of her minor children leaving behind her husband Chubja Basumatary, suffering from typhoid and immobile. Sumana recounted the horror tale of watching her house burn with her husband inside. The whole household, paddy-stack and the animals reared were reduced to ashes. In another incident of retaliation four members of the family of motor mechanic Manowar Hussein were subjected to brutal attack. Reportedly four members of his family, namely, Manowar Hussein, his wife Bachibon Bibi, son Muktar Hussein and three months old daughter Rukchana Khatun were abducted. Bachbon Bibi was allegedly raped and murdered. The same fate was meted out to Manowar Hussein and their three months old daughter, while the son Muktar Hussein sustained injuries. All the four of them were thrown into Gaurang river from the bridge over Ganga talkies in Kokrajhar town. The surviving son Muktar Hussein could recount the horror tale to the rescuers, who could rescue him from the river in a badly bruised state. The whole story came out in vernacular media. In another such pathological incident, the dead body of a deaf and dumb person was found floating on the river Champaboti at Khagrabari of Bongaigaon district. The dead man was identified as Samsul Hoque by his family members, who went missing after some armed men attacked their home and village at Khagrabari.

Photo: samaylive.com

Photo: samaylive.com

The spate of hatred and mistrust led to a huge exit and displacement of a massive population of about 4 Lakhs from their villages spread across three Bodoland territorial autonomous districts of Kokrajhar, Chirang and Baksa and its adjoining Dhubri district. Almost 400 villages belonging to both Bodo and Muslim communities are vacated. The condition of the relief camps has been such that there is widespread food poisoning, viral fever and dysentery resulting into at least thirteen reported deaths including six infants. Apart from total absence of a sense of human security, the poor hygienic conditions in the camps only tell the apathy of the both local and the state government.

Photo courtesy: Jagaran.com

Photo courtesy: Jagaran.com

Much after the initial spate of riots, on 1st of August, there are incidents of arson and burning down of homes at Majorgaon in Chirang district, where rioters burnt down seven houses belonging to victims of the minority community. Once again there is a planned flare up in Chirang district. In another similar incident, houses at Churaguri village near Bijni township of Chirang district are again set on fire by an armed mob in presence of Police and security officials. Already 40 houses of the same village are burnt down on 24th July and on 2nd august, rest of the houses are all burnt down. The whole action is carried out apparently keeping in view that the Muslim inhabitants should not return and reclaim their households. The whole incident happened when some of the affected people were returning from Matilal Nehru relief camp at Bijni to their households at Majorgaon near Bijni town. On the assurances from the government; they thought they can safely return now. They were astounded to see the presence of some people in fatigue, reminding them of the trauma that they already suffered. Soon after, the remaining seven houses were gutted in presence of police. Many of the Bodo inhabitants are still refusing to go back to their homes, as they fear retribution and retaliation. Out of the 43 camps in Bijni and Kajalgaon subdivision, there are still over a lakh of minority Muslim population. A contradictory pattern emerges in these camps. As Bodo inhabitants are going back to those villages which are not affected by violence but from which people took shelter out of apprehension, the minority population from 29 villages of Chirang district worst affected by arson and killing are still not out of the trauma of what they have gone through.

Photo: Outlook.com

Photo: Outlook.com

The worst affected areas where sizeable number of deaths occurred are Gosaigaon subdivision and in and around Kokrajhar town. A large number of villages dominated by minority population were burnt down. The villagers were forewarned by the neighbours to leave for safe shelter and as they left homes, the homes were easily burnt down. Such villages include Duramari, Moujabari, Hekaipara, West Tabuchar, Namapara, Nayapara, Kalapani, Bamungaon etc. in Kokrajhar, from where large number of people came to safe shelters. A few who were left to take care of abandoned homes were also killed by armed gangs.In Gosaigaon area, villages such as Ballamguri, Hacaharabari, Palasguri, Malguri etc, are burnt down. Large scale arson continued in these villages for a week since 19th July, despite some presence of security forces. In two other districts of Chirang and Baxa, villages are burnt down in a similar fashion. Some of the worst affected villages of Chirang district include Bechborbari, Nathurbari and Mothapur in Bijni subdivision ; Ulubari and Pakriguri in Kajalgaon subdivision.

Photo: Thehindu.com

Photo: Thehindu.com

The account of such rioting and displacement brings to mind the existing public discourse of immigrant versus indigenous conflict. What is very peculiar in this situation is the claim made by some of the indigenous pressure groups that most of the displaced Muslim Bengali minorities are not genuine Indian citizens. As the homes of these people are burnt down, it is quite possible now to turn them into Bangladeshis. As their return to homes is becoming more and more insecure, what is needed to be done is not merely a packaged rehabilitation, but saving the camp dwellers from this test of citizenship to which they are sure to fail, owing to burning down of their last shred of papers.

Although the immediate context of the entire rioting is now known as killing and counter-killing between Bodo and minority Muslim groups, yet a look at demographic situation would be worth. In four BTAD districts out of a total population of 31,55, 359, Bodo and other plain tribes are only 10,50,627. But in terms of land holdings, Bodos have higher access and ownership to land as their land rights were safeguarded by chapter X of the Assam Land and revenue regulation Act,1886. So the picture that emerges is that the effective right to livelihood and hold over land by the Bodos is in no way threatened by the presence of Bengali Muslims, Asomiya and other plain non-tribal communities.

Photo: Thehindu.com

Photo: Thehindu.com

The absurd question is, can anyone reverse this demographic picture overnight by ethnic cleansing and displacement?

Photo: thenational.ae

Photo: thenational.ae

The Bodoland territorial Council accord signed between GOI and leaders of Bodo liberation Tigers (BLT) in its clause 4.3 allowed the non-tribals to hold onto their existing holdings; while both the Bodo and non-Bodo people, in general, could buy and sell land after due legal formalities. The argument that land held by Bodos will be bought over by crafty Muslims does not hold much water, as the indigenous Bodos continue to depend on their farmland and homestead economy. As a matter of fact, the Bodos allow share-cropping on their land by Muslim peasantry, which is a culture of shared livelihood that no amount of violence can erase. In a nutshell, Bodos do enjoy full political power in the Bodoland autonomous area, while Non-Bodos enjoy other economic, social and cultural rights. Measures of protective discrimination under sixth schedule of the Constitution are working well for Bodos and other tribal communities. Therefore, there is no effective endangerment and emasculation of the rights of indigenous population in the whole of Bodoland as some make it out to be. Ethnic violence is only a symptom of breakdown of ethnic inter-relationship in an ethnically plural society of Bodoland, within which every community is actually secured and protected with their due constitutional rights. The contributions made by Muslim Bengali citizenry to the indigenous economy and society and to the growth and sustenance of Asomiya as state language of Assam cannot be shelved under the carpet by any deviant categorization. The shared space of life between Bodos and Muslim Bengalis also cannot be destroyed by violence alone, as the life-force generated by such camaraderie is far stronger than any disruptive attempt. The rhetorical difference between Bengali Muslims and Bodos is only a hypothetical ploy to experiment with various contingencies of political power sustained by an engineered trauma and insecurity, which needs to be dealt using law. It is also not yet too late to realize that peace and tranquillity between ethnic minorities in a ethnically plural Bodoland is the only way to ensure social justice and economic progress.

Photo: ibtimes.com

Photo: ibtimes.com

 

* The writer is Professor at the Department of Philosophy in the North Eastern Hills University, Shillong, Meghalaya and Director, Research, Barak Human Rights Protection Committee (BHRPC), Silchar, Assam.

 

Universal Declaration of Human Rights in Bengali

April 4, 2011
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