MD. Kamaruddin, a Pakistani national contested Assam Assembly election in 1996 from the 90 No Jamunamukh LAC. Mr Kamaruddin had close political links and hoped to prove that his ‘Indian citizenship’ in the court. Gauhati High, finding his true identity, ordered his expulsion. The hon’ble court observed “the petitioner was in possession of a passport issued by the Pakistan government, on the strength of which he travelled to Dhaka from where he sneaked into Assam and even contested the election. This can happen only in Assam.” He was deported to his own country on 3.2.1998. This clearly indicates the seriousness of the illegal migrant issue in Assam.
Supreme Court’s verdict on 17th October, 2024 upholding of the section 6A of the Citizenship Act which sets March 24, 1971 as the cut off date for entry into Assam for granting citizenship legalises more than 30 lakhs infiltrators and their children from East Pakistan. It stamps on two rules for one country in granting citizenship. E.H.Pakyntein the then superintendent of census sent a confidential report to the Govt on 07-06-1961 stated that ‘by March 1, 1961 the number of Muslims in Assam rose to 27,65,502 or an absolute increase of 7,69,556 over the already high figure of 1951.Allowing the maximum increase of 20%, the number of new immigrants into Assam during the decade 1951-1961 is 3, 70, 379. As there is practically no influx from other parts of India, these new comers must have come from East Pakistan.’ During 1961-2011 period Muslim population increased 201.05% in Assam. At this percentage of increase this 3,70,379 migrants no would be 11 Lakhs 15 thousand and 25.As per the census report of 1971 total no of people born in Pakistan but residing in Assam stood at 9,03,429 in 1971. During 1971-2011 Assam’s population increased 113.69 per cent. As such this 9,03,429 no of illegal migrants have increased to atleast 19 lakhs 30 thousand five hundred and thirty seven. Decadal variation of population for the country was 24.8% during 1961-71. Durng the same period this variation was 35% in Assam. During 1951-1961 period this variation for the whole country was 21.5%. This was again 35% for Assam. While the cut off date for detection and deportation of illegal migrants for the rest of India is 19th July, 1948, it is now ‘legally’ 24th March, 1971 for Assam. Along with the rest of the country 19th July 1948 was in force for Assam as well before the signing of the Assam Accord on 14th August, 1985 which stipulates 24th March, 1971 as the cut off date for detection and deportation of illegal migrants from Assam. Assam Govt’s Home Department Document ( File No C 357/59) reveals that clear instruction was given to all electoral registration officers to investigate thoroughly the documents of persons who migrated to India after 19th July, 1948: “…all other persons who migrated to India after the 19th July, 1948 should produce their citizenship certificates under article 6(b)(ii) of the constitution or certificates issued to them by the Registering Authorities under the Citizenship Act, 1955, as evidence.” The Assam Accord could have been renegotiated and set 1951 ( since 1951 NRC is available ) as the cut off date though not 19th July, 1948.
While the hon’ble supreme court recognizes the gravity of the problem of illegal migrants in Assam and calls for stricter implementation of laws against illegal migration and judicial monitoring of the implementation of immigration and citizenship legislations, its verdict will have serious implication for the indigenous people of the state. The immigrant community has outnumbered the indigenous population in 9 districts of Assam. They have come to play determining role in more than 40 assembly constituencies in the 126 member Assam assembly. The Harisankar Brahma Committee formed by the then Sarbananda Sonowal led Govt said in its report that 63 lakhs bighs of land are under encroachment. Forest land, lands belonged to the Vaishnavaite satra institution, wetlands, grazing land, agricultural lands have been encroached upon by the suspected illegal migrants. People belonged to indigenous communities like the Koch, Kalita, Nath in the lower Assam, Tribal people belonged to Bodo Rabha and other communities have been forced to flee their home by the suspected illegal migrants. The immigtant Muslims known as Miya people in Assam have developed their own religio-linguistic identity in the char (riverine areas) and have started demanding separate state like status. Jihadi groups have found a fertile ground in the immigrant dominated border districts (Assam shares 262 km border with Bangladesh).
