Identifying the ‘Outsider’
applicable to Assam alone. 19 Over the years, some steps were taken by the Central
Government to identify and expel ‘foreigners’, but the numbers of ‘outsiders’
identified could not pacify the sentiments of the Assamese groups who wanted
their territory purged of Bengali speaking persons, and especially Bengali
speaking Muslims who were accused of migrating from East Pakistan to Assam. 20
In 1971, Bangladesh won its freedom from Pakistan, which was persecuting the
residents of East Pakistan (now Bangladesh) on linguistic lines. This also resulted
in Bengali speakers migrating to India, particularly the culturally similar provinces
of Assam and West Bengal. 21
Between 1979 and 1985, there was a massive movement led by students of
Assam to protect Assamese culture. 22 The movement gained popular support
when it was projected that the change in the voting population of Assam as
compared to the previous decade was disproportionate, and could affect the
election outcome. 23 The protests ended with the inking of the Assam Accord
between the government of India, the government of Assam and the All Assam
Students Union and the All Assam Gana Sangram Parishad — bodies that were
representing the protestors. 24 The Assam Accord of 1985 obliged the government
of India to identify who arrived in India after 24 March 1971 and expel them from
India as ‘foreigners’ after disenfranchising them. 25 Those who were found to have
arrived between 1 January 1966 and 24 March 1971 were to be disenfranchised
for a period of 10 years from the date of their detection, but were not to be rendered
stateless. 26
The government also undertook to examine the dissatisfaction of the people of
Assam with the manner and the pace at which the process of identification of
foreigners was taking place in Assam. It was thus agreed that any person who was
residing in Assam prior to 24 March 1971 would be regarded as an Indian citizen,
and thus, the general rules that apply to the rest of India would not apply to Assam.
Subsequently, in order to ensure that a non-citizen does not vote, the Election
Commission of India took upon itself the task of ‘doubting’ the citizenship of
Assamese residents, which resulted in the exclusion of lakhs of voters, mostly
women, as they were marked as ‘D Voter’. 27
In 1983, the government of India had enacted the Illegal Migrants
(Determination by Tribunal) Act, 1983, which was
19
20
21
22
23
24
25
26
27
Immigrants (Expulsion from Assam) Act, 1950 (n 14) s 2; Foreigners Act, 1946 (n 10) s 3.
Vani K Borooah, ‘The Killing Fields of Assam: Myth and Reality of Its Muslim Immigration’
48(4) Economic and Political Weekly, 43, 43–44.
See generally Rounaq Jahan, ‘Genocide in Bangladesh’ in Samuel Totten and William S
Parsons (eds), Centuries of Genocide: Essays and Eyewitness Accounts (Routledge 2013)
249.
Sanjib Baruah, ‘Immigration, Ethnic Conflict, and Political Turmoil — Assam, 1979–1985’
(1986) 26(11) Asian Survey 1184.
ibid 1191–92.
‘Assam Accord’ (1985) 20(33) Economic and Political Weekly 1369, 1369–70, discussing
Accord between AASU, AAGSP and the Central Government on the Foreign National Issue
(Assam Accord), signed 15 August 1985 (Memorandum of Settlement)
<https://peacemaker.un.org/sites/peacemaker.un.org/files/IN_850815_Assam%20Accord.pd
f> (‘Assam Accord’).
Assam Accord (n 24) art 5.8.
ibid arts 5.2–5.6.
A ‘lakh’ is a unit of 100,000 in the Indian numbering system. Nazimuddin Siddique,
‘Discourse of Doubt’ (2019) 54(10) Economic & Political Weekly 25.
116