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Regular-article-logo Friday, 06 June 2025

Call for law to safeguard resource rights

Senior Supreme Court lawyer and convener of Prabajan Virodhi Manch, Upamanyu Hazarika, today said a legislation providing resource rights, namely over land, to those citizens who were living in Assam before 1951 and their descendants was the only solution to protect indigenous people.

Rajiv Konwar Published 06.09.16, 12:00 AM

Guwahati, Sept. 5: Senior Supreme Court lawyer and convener of Prabajan Virodhi Manch, Upamanyu Hazarika, today said a legislation providing resource rights, namely over land, to those citizens who were living in Assam before 1951 and their descendants was the only solution to protect indigenous people.

The Manch comprises several indigenous organisations.

Hazarika told The Telegraph that their organisation would launch a movement to make people aware of the necessity of such a legislation and put pressure on the government to enact the rule. He said their movement was against those who have encroached upon government land. Hazarika said the National Register of Citizens (NRC) is not a solution to the long-pending illegal migrants issue in the state.

"Updating the NRC cannot go on forever. Within a year we will know where we stand. The NRC will tell how many people are citizens and how many are non-citizens. Until and unless one is declared a foreigner, one can still get benefits of illegal encroachment on government land," he said.

"Those excluded from the NRC will be suspected foreigners. They will not be declared foreigners. Declaring one a foreigner requires a judicial process involving the foreigners tribunals. Even if one is declared a foreigner by a tribunal, he or she can approach a high court or the Supreme Court," he said.

"Look at the case disposal rate of the foreigners tribunals and the time taken by them. In the past 31 years, we have sent out only 2,442 of 60 lakh foreigners," Hazarika said. "While declaring foreigners through tribunals has not worked, we should look in another way. The Bangladeshis come to Assam for land and other resources. We need to ensure that they are deprived of all those," he said.

Hazarika said there has been a very concerted attempt by the political parties to shy away from the issue.

He said the first chief minister of Assam, Gopinath Bordoloi, had said in 1938 that no person from erstwhile East Bengal would be given patta (land possession document) in the state. A suggestion was made to make it a policy. But that was never implemented.

"Now the situation is such that by virtue of the Citizenship Act, children born of illegal migrants after 2004 are citizens of the country. In this situation, NRC cannot save us from becoming a minority that we are going to become soon," said Hazarika.

The advocate said in Assam a person who entered after 1951 can easily produce documents they got with the help of corrupt government officials.

The Manch has been vocal about encroachment on government land by suspected foreigners. Hazarika said although the state government should take strong steps to evict these people, nothing has been done.

Earlier, Hazarika had said that for decades the Citizens Act and its amendments had been in place, the Assam Accord had been signed and the Illegal Migrants (Determination by Tribunal) Act, 1983, had been withdrawn, but these did not help identify foreigners and deport them.

Hazarika said that various organisations had come forward to lend them support. "The All Assam Students' Union and student organisations of the Muttocks and Deuris have taken part in our programmes," he said. The lawyer believes the major legal hurdle today for the indigenous people of Assam is identifying foreigners.

Some of the constituents of the Manch are Sangrami Satirtha Sanmilan, Dakshin Paschim Goal Xantha, Assam Tea Tribes Students Association, Veer Lachit Sena and Ahom Sena.

President of AJYCP Biraj Kumar Talukdar appreciated the work done by PVM against illegal infiltrators and said they are willing to join hands with all like-minded organisations and individuals for a united fight against foreigners problem.

AASU general secretary Lurin Jyoti Gogoi said, "If we are fighting for the same cause and there is no difference of opinion then we are not averse to joining hands with any organisation, including the PVM, for detection and deportation of illegal Bangladeshi migrants."

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