Amplifying voices: Legal advocacy and social change in Assam

Dr. Hriday Sarma

(The writer is a Guwahati-based advocate working

on sustainability and cross-border investment matters) 

In recent years, Assam has become a battleground for legal advocacy and social change, with various movements highlighting the state’s pressing socio-political issues. This surge in legal activism reflects both the deep-rooted challenges faced by marginalized communities and the proactive role of civil society in challenging policies perceived as unjust and ensuring accountability from authorities at different levels.

This article delves into legal advocacy in Assam, addressing challenges such as CAA and NRC impacts, land rights disputes, and ethnic tensions, underscoring its transformative impact on social justice and community empowerment, and stressing collaborative efforts for comprehensive reforms and equitable outcomes.

The Citizenship Amendment Act (CAA) protests are a prime example of how legal advocacy has played a critical role in voicing the concerns of Assam’s marginalized communities. The CAA, passed in 2019, aimed to provide a pathway to citizenship for non-Muslim immigrants from neighbouring countries, sparking widespread fear and unrest among the indigenous Assamese population. Critics argue that the Act undermines the secular principles of the Indian Constitution and threatens the cultural and linguistic identity of the region. Legal practitioners, along with civil society organizations, have been at the forefront of challenging the CAA in court, emphasizing the need to protect Assam’s unique heritage and prevent demographic imbalances.

Another contentious issue has been the implementation of the National Register of Citizens (NRC), which culminated in the exclusion of nearly two million residents from the final list in August 2019. These individuals now face the daunting prospect of statelessness and detention. Legal advocates have been working tirelessly to provide aid to those affected, guiding them through the appeals process and representing them in foreigners’ tribunals. Organizations like the Human Rights Law Network (HRLN) have highlighted procedural flaws in the NRC process and the human rights violations occurring in detention camps. Their efforts underscore the critical role of legal advocacy in safeguarding the rights of vulnerable populations.

Land rights remain a perennial issue in Assam, particularly for indigenous and rural communities, but also in Kamrup (Metro). Land-related disputes in the state have escalated, with data showing a significant increase in registered legal cases and protests against land acquisitions over the past decade. The expansion of infrastructure projects (both under construction, such as the North East Gas Grid, and recently completed, such as the Bogibeel Bridge), industrial activities, and urbanization have led to widespread displacement. Consequently, there is an urgent need for comprehensive land reform policies that protect the rights of local communities while accommodating industrial and infrastructure development responsibly.

Legal advocacy groups have been essential in defending the land rights of these communities, challenging illegal acquisitions, and advocating for fair compensation. The Bogibeel Bridge project, for instance, saw some families of local communities displaced without adequate rehabilitation and without post-rehabilitation support, showcasing the importance of legal interventions in such scenarios. These efforts are vital in ensuring that development projects do not come at the expense of the rights and livelihoods of local populations.

Assam is also a mosaic of diverse ethnic groups, and inter-ethnic tensions have sometimes escalated into violence. The Bodoland Territorial Area Districts of Assam (BTAD) have experienced ethnic clashes, resulting in significant loss of life and displacement. Legal advocates have played a crucial role in seeking justice for victims, holding perpetrators accountable, and promoting reconciliation. Following the ethnic violence in BTAD in 2012, legal practitioners assisted victims in filing cases, securing compensation, and rebuilding their lives. These initiatives demonstrate the importance of legal advocacy in healing and restoring communities affected by ethnic strife.

Legal advocacy in Assam extends beyond courtroom battles to encompass a broader strategy of raising awareness, building community capacity, and engaging with policymakers. Advocacy groups often collaborate with grassroots organizations, media, and academic institutions to amplify the voices of marginalized communities. Empowerment through legal education is a cornerstone of these efforts. Workshops, legal aid camps, and awareness programmes are conducted across rural and urban areas, educating people about their rights and available legal remedies. By equipping individuals with knowledge and resources, advocacy groups enable them to navigate legal challenges more effectively.

Strategic litigation is another powerful tool used by legal advocates to address systemic issues and create lasting change. By taking up cases with broader implications, advocates aim to set legal precedents and influence public policy. The challenges to the CAA and NRC are prime examples of strategic litigation designed to protect constitutional values and human rights.

Engaging with policymakers is also crucial for bringing about systemic change. Advocacy groups in Assam, North East Network (NEN) and similar grassroots organizations, actively participate in consultations, submit policy briefs, and lobby for reforms that address the root causes of social and legal issues. Their efforts have led to policy changes and the introduction of new legislation that better protects the rights of marginalized communities.

The journey towards social change in Assam is fraught with challenges, but the resilience and determination of legal advocates and community activists provide hope for a more just and equitable future. The synergy between legal advocacy and grassroots movements is pivotal in addressing the complex issues faced by the state. The efforts to amplify voices through legal advocacy in Assam highlight the power of the law as a tool for social justice. As advocacy groups continue to challenge injustices and empower communities, they pave the way for a more inclusive and equitable society. The stories of resistance and resilience emerging from Assam serve as a testament to the enduring spirit of its people and their unwavering quest for justice.

At this critical juncture, the role of lawyers in Assam transcends traditional advocacy to becoming catalysts for societal change. Beyond representing clientele legal interests, they must engage actively with local communities and collaborate with governmental bodies to achieve social equity, justice, and economic prosperity. By fostering dialogue, empowering marginalized groups, and advocating for inclusive policies, lawyers can play a pivotal role in shaping a more just and equitable future for Assam. This collaborative approach is essential in addressing the multifaceted challenges faced by the state, ensuring that legal advocacy contributes effectively to broader social and economic transformation.