Citizenship Act Protest In Assam

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Unrest in the east

Assam is witnessing one of the most violent protests by the people in its history
Railway stations, post office, bank, bus terminus and many other public properties being set ablaze or totally damaged.
At least 2 people have been killed during protests.
Army and Assam Rifles have been deployed in Assam
Internet remained snapped as the state government feels the use of WhatsApp and social media could trigger rumour-mongering.

The Citizenship Amendment Bill 2019 is a legislation which will amend the Citizenship Act of 1955.
The Citizenship Amendment Bill 2019 proposes granting Indian citizenship to the persecuted minorities such as Hindus, Jains, Christians, Sikhs, Buddhists and Parsis fleeing Bangladesh, Pakistan and Afghanistan.
The legislation seeks to make it easier for non-Muslim refugees and illegal immigrants from the three Islamic majority nations , to gain Indian citizenship.
The legislation is applicable to groups who arrived in India on or before December 31, 2014.
Large parts of the other North-eastern states have been exempted from the ambit of the CAB, although there have been protests there too.
On the other hand, the larger part of Assam is under CAB.
Can there be two citizenship laws applicable to the same state?

The Sixth Schedule relates to special provisions in administration of certain North-eastern states.
It provides special powers for Autonomous District Councils (ADCs) in these states. ADCs have powers to enact laws in areas under their jurisdiction on a variety of subjects.
Assam has 3 Autonomous District Councils

Assam, which was ruled by the Ahom dynasty for centuries came into the hands of the British East India Company in 1826.
Assam was placed under the administration of Bengal and Bengali was declared the language of the courts and education.
In late 19^th century , inspired by English missionaries, Assamese people started the Assamese language movement.
In 1930s , Gopinath Bordoloi, a congress stalwart charged the then Muslim League government of Assam under Mohammed Saadulla of altering the demographic composition and culture of Assam by encouraging immigration of Bengalis – primarily Bengali Muslims – in the province to consolidate its electoral position.

Assam has seen large-scale migration during British rule and after Independence
Two major waves of migration came after British rule :-

1979 – 1985 : All Assam Students’ Union (AASU) led protests to identify and deport illegal immigrants

For inclusion in NRC – applicants need to prove that they or their parents, grandparents were citizens before March 25, 1971
Assam Accord sets March 24, 1971 as the cut-off for Indian citizenship.
This is also the cut-off for theNational Register of Citizens (NRC) in Assam
Under CAB, the cut off date is December 31, 2014, for Hindus, Christians, Sikhs, Parsis, Buddhists and Jains from 3 countries
For those who came after December 31, 2014, the regular route of seeking refuge in India will apply. If they are regarded as illegal immigrants, they cannot apply for citizenship through naturalisation, irrespective of religion.
Despite exemptions provided to a large part of North east India, majority of Assam will be under the ambit of the new law.
The protesters are worried about the prospect of the arrival of more migrants, irrespective of religion, in a state whose demography and politics have been defined by migration.

CAB undermines the Assam Accord of 1985
1985 Assam Accord – illegal migrants were to be identified and deported
“Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and practical steps shall be taken to expel such foreigners.”

The final NRC (National Register of Citizens) was released on August 31 and an estimated 19 lakh people were excluded from the final list.
A large number of these 19 lakhs are said to be Hindus (~5 lakh)
CAB gives a fresh chance to the Bengali Hindus left out to acquire citizenship, whereas the same benefit will not be available to a Muslim left out, who will have to fight a legal battle.

People left out of NRC can get their names cleared at a foreigners tribunal .
It is an expensive and often exhausting affair .
They could use provisions of CAB to apply for citizenship.
But they would have to “prove that they came to India due to religious prosecution”.
They are reluctant to take “advantage” of the bill because that would mean them accepting that they are a foreigner.

As far as illegal immigrants are concerned, India does not have a national policy on granting asylum or refugee status.
The government has dealt with refugees on a case-by-case basis by either granting them work permits or long-term visas.

As of December 31, 2014, the government had identified 2,89,394 “stateless persons in India” (Home Ministry date,2016)

Bangladesh (1,03,817)
Sri Lanka (1,02,467),
Tibet (58,155),
Myanmar (12,434),
Pakistan (8,799)
Afghanistan (3,469).

Assam accord – “Constitutional, legislative and administrative safeguards, as may be appropriate shall be provided to protect, preserve and promote the culture, social, linguistic identity and heritage of the Assamese people.”
Definition of Assamese people??