[Originally written on 6 December 2006]
We are estimated to have at least somewhere between 10 million to 20 million Bangladeshis in our country who are supposed to be illegal migrants.
Mr Inderjit Gupta, the then Home Minister of India(who was from the Communist Party of India – that so-called secular party and not from BJP or Shiv Sena) had stated in Parliament on May 6, 1997, that there were 10 million illegal migrants residing in India.
Likewise, quoting Home Ministry / Intelligence Bureau sources, India Today in its issue of August 10, 1998, had given the breakdown of these about 10.83 million illegal migrants by the States:
| West Bengal | 5.4 million |
| Assam | 4 million |
| Tripura | 0.8 million |
| Bihar | 0.5 million |
| Maharashtra | 0.5 million |
| Rajasthan | 0.5 million |
| Delhi | 0.3 million |
| Total | 10.83 millions |
This was in 1997-1998. Today, in 2006 end, the number of illegal Bangladeshis is estimated to be much larger than 10 million and is estimated to be around 20 million.
One fails to understand why the Government, which is not able to provide basic amenities to its own population of the size of 1100 million (OK, let it be 1080 million if we exclude about 20 million illegal Bangladeshis living in this country), is so keen to woo these illegal Bangladeshis migrants?
Ultimately there has to be a limit to the vote politics. One can understand (though one may not agree) the Government trying to woo a particular section of the Indian citizens for its petty vote politics, but how can the Government be permitted to show extra favours to the illegal migrants at the cost of the Indian citizens? And, that too from a country which is supporting anti-India terrorist organisations? What a pity!Bangladesh allows training camps on its land to anti-India terrorist organisations andIndia in turn allows food, shelter, employment and extra favours to about 20 million illegal Bangladeshis migrants!
It is in this context that we have to see yesterday’s (December 5, 2006) landmark judgment of the Supreme Court [Sarbananda Sonowal (II) v. Union of India, (2007) 1 SCC 174] by which it quashed the UPA government notification that put the onus of proving an illegal migrant into the country solely on the complainant. The Supreme Court directed the Centre to constitute within four months sufficient number of tribunals to detect infiltration of large number of Bangladeshis into Assam.
It is pertinent to point out that in July, 2005, in the case of Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, the Supreme Court had struck down as unconstitutional the Illegal Migration Detection by Tribunal (IMDT) Act. But, the Government did not like it. Playing its usual and now-infamous hide-and-seek game with the Supreme Court, the Centre Government came out with a notification in February, 2006, vide which it issued the Foreigner (Tribunals forAssam) Order, 2006.
This Order was challenged by AGP MP Sarbananda Sonowal and others. The petitioners alleged that this notification was nothing but a repetition of the quashed IMDT Act which put the onus of proving a person an illegal foreigner on the complainant. The Central Government tried to defend the notification.
However, the Supreme Court quashed the said controversial notification. In fact, the Supreme Court went a step further and also imposed a fine of Rs 25,000 on the Central Government to be paid to the petitioners.
We, the citizens ofIndia, must whole-heartedly welcome this Supreme Court judgment.
It is germane to mention that in its earlier decision of July, 2005, vide which it had quashed the IMDT Act, the Supreme Court had made the following important observations in paragraphs 62 and 63 of the judgment, which are reproduced below in full as these are very important observations:
“62. The very first sentence of the Statement of Objects and Reasons of the IMDT Act says:“The influx of foreigners who illegally migrated intoIndiaacross the borders of the sensitive Eastern and North-Eastern regions of the country and remained in the country poses a threat to the integrity and security of the said regions.”It further says that “continuance of these persons inIndiahas given rise to serious problems”. The preamble of the Act says that “the continuance of such foreigners inIndiais detrimental to the interests of the public ofIndia”. The Governor of Assam in his report dated 8-11-1998 sent to the President of India has clearly said that unabated influx of illegal migrants of Bangladesh into Assamhas led to a perceptible change in the demographic pattern of the State and has reduced the Assamese people to a minority in their own State. It is a contributory factor behind the outbreak of insurgency in the State and illegal migration not only affects the people ofAssambut has more dangerous dimensions of greatly undermining our national security.Pakistan’s ISI is very active inBangladeshsupporting militants inAssam. Muslim militant organisations have mushroomed inAssam. The report also says that this can lead to the severing of the entire landmass of the North-East with all its resources from the rest of the country which will have disastrous strategic and economic consequences. The report is by a person who has held the high and responsible position of the Deputy Chief of the Army Staff and is very well equipped to recognise the potential danger or threat to the security of the nation by the unabated influx and continued presence of Bangladeshi nationals inIndia.Bangladeshis one of the world’s most populous countries having very few industries. The economic prospects of the people in that country being extremely grim, they are too keen to cross over the border and occupy the land wherever it is possible to do so. The report of the Governor, the affidavits and other material on record show that millions of Bangladeshi nationals have illegally crossed the international border and have occupied vast tracts of land like “Char land” barren or cultivable land, forest area and have taken possession of the same in the State of Assam. Their willingness to work at low wages has deprived Indian citizens and specially people of Assam of employment opportunities. This, as stated in the Governor’s report, has led to insurgency inAssam. Insurgency is undoubtedly a serious form of internal disturbance which causes grave threat to the life of people, creates panic situation and also hampers the growth and economic prosperity of the State of Assam though it possesses vast natural resources.63. This being the situation there can be no manner of doubt that the State of Assam is facing “external aggression and internal disturbance” on account of large-scale illegal migration of Bangladeshi nationals. It, therefore, becomes the duty of the Union of India to take all measures for protection of the State of Assam from such external aggression and internal disturbance as enjoined in Article 355 of the Constitution. Having regard to this constitutional mandate, the question arises whether the Union of India has taken any measures for that purpose.”
It is thus clear that the Supreme Court itself had observed that the State of Assam was facing an “external aggression” on large-scale illegal migration of Bangladeshi nationals. It had also quoted in its observations as to how thePakistan’s ISI was very active inBangladeshsupporting the militants inAssam. And, yet the Government of India wanted to favour the same illegal migrants fromBangladesh! Should we say then that the Government of India is itself trying to support the aforesaid “external aggression” and thePakistan’s ISI and the militants inAssam!
Let the Indian citizens be aware as to what our political parties can do while sitting in the Government itself for their narrow political gains.
