INTRODUCTION

With the passing of Citizenship Amendement Bill, 2016, in the Lok Sabha, the spotlight is once again on the issue of influx of millions of illegal immigrants from Bangladesh. As one of the most important issues needed to be addressed by the national leadership of India, this problem is a multi-dimensional one, posing threat to India’s economic stability, demographic balance, national security and integrity. Yet, rather than being addressed, this problem was deliberately side-lined by various political parties and groups in pursuance of vested interests.

UNDERSTANDING THE NATURE OF THE PROBLEM

India and Bangladesh (East Pakistan till 1971) share a long border spanning 4,096 km (across the states of West Bengal, Assam, Meghalaya, Mizoram and Tripura) since the partition of India on religious lines in 1947. The bloodshed which accompanied the partition saw large scale migrations of people on both sides of the border. Ever since, India has been recipient of millions of migrants who cross the border as result of various factors, political as well as economic.

The issue of illegal immigration was the root cause of the Assam Movement (1979-1985) led by All Assam Students Union (AASU). The central issue raised by the AASU was of ‘foreigners swamping Assam and the need for a national response to a national problem.’[1] The Assam Accord signed on Aug 15, 1985, failed to solve this problem even after Assam Gana Parishad (AGP) born out of this ‘anti-foreigner agitation’ two terms in power in 1985-1990 and 1996-2001 period. Now, the situation has acquired alarming proportions with the illegal migrants, included in electoral roles are supported by vote bank politics, leading to the suppression of the citizens of our country.

A.   Gigantic number of estimated illegal immigrants

While there is no reliable figure available on exact numbers of Bangladeshis staying in India unlawfully, there is no doubt that the flow of illegal immigrants continue unabated. According to analyses from census reports in 1971-2011 period, the figures are estimated to exceed 15 million. On Nov 16, 2016, Kiren Rijiju, Union Minister for Home Affairs stated in Rajya Sabha that an estimated 20 million illegal Bangladeshi migrants are staying in India.[2] Most of these migrants are said to have settled in Assam and West Bengal while many have moved into the interiors of the country, even reaching metros like Delhi and Mumbai.

B.    Main threats of Bangladeshi infiltration.

1.      Huge changes in demographic pattern resulting in ethnic and communal conflicts, and finally danger of a second partition.

An important result of the influx of Bangladeshi migrants and their enrolment as voters was the alteration of religious demography in certain areas – especially Assam and West Bengal, showing a sharp decline of share of Hindus with a rapid rise in the share of Muslim population.

Table 1: Religious Demography of Assam 1971-2011

Table 2: Religious Demography of West Bengal 1971-2011[3]

Sources: Census of India.

A major point in regard to demographic imbalance is the fact that in 2011 Census, nine districts out of 27 in Assam have turned to be Muslim majority, up from six in 2001 with Dhubri in lower Assam emerging as an important pocket for infiltrators. The result of this alteration of demography on religious and linguistic lines, have resulted in rising danger of ethnic conflicts and communal riots, with the most recent one in being the 2012 Assam violence.[4] Most important threat is the looming danger of a “second partition” with the loss of Lower Assam aided and abetted by international Islamic terrorist groups along with Pakistan’s ISI.

In 1998, then governor of Assam S.K. Sinha had, in a report on illegal influx of Bangladeshi immigrants into Assam, warned that the "silent demographic invasion of Assam may result in the loss of the geo-strategically vital districts of Lower Assam".[5]

In the words of former Assam Governor SK Sinha, “The rapid growth of international Islamic fundamentalism may provide the driving force for this demand. The loss of lower Assam will severe the entire North-East from the rest of India and the rich natural resources of that region will be lost to the nation.”[6]

The effect of the altering demographic patterns are clearly visible in politics of Assam where All India United Democratic Front (AIUDF) led by perfume baron Badaruddin Ajmal has seized a portion of the opposition space with 3 MPs in the Lok Sabha. AIUDF is known as a pro-immigrant party and is accused for encouraging infiltrators. Further, Upamanyu Hazarika Commission report mentioned that illegal migration from Bangladesh is threatening to reduce the indigenous population of Assam to a minority by the year 2047.[7]

C.   The need for Differentiation between refugees and infiltrators

While understanding the issue of Bangladeshi immigrants, it is necessary to differentiate between the refugees and ‘other immigrants’. The genuine refugees, mainly Hindus flee to India due to religious persecution since 1947. Political instability, constant communal riots, terrorism and the sense of insecurity of the Hindu minority has contributed to the large-scale refugee inflow into Assam and West Bengal.[8]

But, the issue of illegal immigrants, who can be termed as ‘economic migrants’ cannot be considered as refugees. Their constant inflow has created competition for jobs, land and other scare resources, resulting in continuous law and order problems and huge economic hardship for the country. Hereby, the authorities need to be differentiate between genuine refugees and ‘economic migrants’ while dealing with this complex issue.

D.   Existing Legal Framework and Policy for dealing with this problem

It should be noted that as of now, India doesn’t have a uniform national law for dealing with inflow of refugees or illegal immigrants. All Foreigners in India are covered under Foreigners Act, 1946, which defines a foreigner as “a person who is not a citizen of India.”[9] A major drawback of this law is that it doesn’t properly distinguish between refugees and illegal immigrants, nor does it define refugees as a specific category needing humanitarian protection. The worst sufferers are genuine refugees from Bangladesh (mostly Hindus) with no one to look after their interests.[10]

Another important law passed by the Indian Parliament with regard to this problem was the Illegal Migrants (Determination by Tribunal) Act, 1983, which was a miserable failure and was set aside by the Hon’ble Supreme Court in 2005. Further to note that this IMDT Act was in fact favourable for the migrants with a provision that the onus of establishing the nationality rests not on the illegal immigrant, not even on the government, but on the private individual who must also pay a fee to lodge a complaint and do so under stipulated jurisdiction.[11]

WHAT ARE THE SOLUTIONS?

A.   A specific law for accommodating refugees from Bangladesh.

As per international norms, refugees, are people who left their home country to take shelter in foreign countries on account of persecution of the grounds of religion, ethnicity, politics etc.[12] This itself qualifies the persecuted minorities of Bangladesh for asylum in India as against the case of ‘economic migrants’. Hence, a specific law for refugees from Bangladesh is a must to distinguish the genuine refugees and illegal immigrants. The Citizenship (Amendment) Bill, 2016, introduced by the Narendra Modi government is a welcome step in this direction.[13]

But measures must be also taken to prevent the illegal immigrants from making use of the law for refugees. As far as the re-settlement of the refugees was concerned, Assam and West Bengal should not be given the burden. The refugees should be re-settled across the country and should not be allowed to concentrate in the North-East, which would prevent the any sort of animosity with the local people.

B.    Forging a bilateral agreement with Bangladesh

The Indian Government should take steps to sign a bilateral agreement with Bangladesh on the issue of immigrants. The important conditions and follow-up action after a bilateral agreement can be as follows:-

1.      Providing work permits to certain specified categories and numbers of Bangladeshi migrants (after proper verification and necessary travel documents)

2.      The persons with work-permits must be allowed only in certain restricted locations and specified employment.

3.      A separate electronic database must be made about the details of all refugees as well as the immigrants with work places for surveillance. It must also be made accessible to all the police stations in the country.

C.   Identifying and deporting illegal immigrants.

One of the biggest headaches of the government regarding the immigrant issue is on identification, verification and deportation of the infiltrators. Various pull-factors like proximity and kinship, common language, interested religious and political elements etc. make the task of the government near impossible. This is mainly due to the local politicians and government functionaries who enable the infiltrators to procure ration cards, enabling them to enrol as voters.

Only a series of steps will enable us to tackle this problem. The proposed steps are as follows:-

1.      Amending Foreigners Act, 1946 to impose stricter penal provisions for facilitating illegal immigration, harbouring a foreign national and concealing their presence.

2.      The process of updating of National Register of Citizens must be completed without delay.

3.      Non-Governmental Organizations and people must be encouraged to assist in the identification of the infiltrators.

4.      A joint verification mechanism with Bangladesh must be activated for the purpose of verifying the nationality of the persons concerned and ensure smooth deportation.

D.   Preventing further infiltration

The major cause of immigration influx is the porous Indo-Bangladesh border of which one-fourth is riverine, and 63 km is maritime. The issue of enclaves in each other’s territory was resolved by the bilateral Land Boundary Agreement, signed by Indian Prime Minister Narendra Modi and his Bangladeshi counterpart Sheikh Hasina in 2015.[14]

India is also working on barbed-wire fencing including electrification and installation of flood-lights. Vigorous patrolling, electronic surveillance and ensuring better communication and co-ordination among various security agencies have helped in curbing the infiltration to a great extent, but still much needs to be done. Strict action must be taken against agents who facilitate infiltration, considering the magnitude of this issue.

CONCLUSION

As stated above, the infiltration from Bangladesh must be curbed at the earliest for the ensuring the integrity of the country. None other than our Prime Minister Narendra Modi himself has spoken about the seriousness of this problem. The passing of the Citizenship Amendment Bill by the Lok Sabha is a good beginning.

Let us hope for the best and stand united.

[1] Archana Upadhyay, the ‘Infiltrator’ Issue, Economic and Political Weekly, Vol. 40, No. 28 (July 9-15, 2005), pp. 3002-3004.

[2] http://indianexpress.com/article/india/india-news-india/two-crore-illegal-bangladeshis-living-in-india-government-4379162/ (accessed on 03-02-17 at 18:15)

[3] http://www.thestatesman.com/opinion/bengal-s-topsy-turvy-population-growth-93152.html

[4] http://www.firstpost.com/india/assam-riots-fruits-of-living-in-denial-over-bangladesh-influx-390536.html (accessed on 03-02-17 at 20:26)

[5] http://timesofindia.indiatimes.com/india/Muslim-majority-districts-in-Assam-up/articleshow/48682463.cms (accessed on 03-02-17 at 19:44.)

[6] http://www.rediff.com/news/1999/feb/13secu.htm (accessed on 03-02-17 at 20:50)

[7] http://indianexpress.com/article/india/india-news-india/rss-likely-to-pass-resolution-on-population-imbalance/ (accessed on 03-02-17 at 20:23)

[8] Datta, P. (2004). Push-Pull Factors of Undocumented Migration from Bangladesh to West Bengal: A Perception Study, The Qualitative Report, 9(2), 335-358, p. 15.

[9] Foreigners Act, 1946, Section 2(a).

[10] Sanjeev Tripathi, Article, Illegal Immigration from Bangladesh to India: Towards a Comprehensive Solution, (June 29, 2016)

[11] Archana Upadhyay, the ‘Infiltrator’ Issue, Economic and Political Weekly, Vol. 40, No. 28 (July 9-15, 2005), pp. 3003.

[12] Ibid.

[13] http://www.ibtimes.co.uk/indian-citizenship-possibility-hindus-facing-persecution-pakistan-bangladesh-1563549 (accessed on 04-02-17 at 19:34).

[14] http://indiafacts.org/examining-the-indo-bangla-land-boundary-agreement/ (accessed on 04-02-17 at 19:27).