What the new generation should know of the Assam Accord?

What the new generation should know of the Assam Accord?

STAFF REPORTER

GUWAHATI: With the CAA (Constitutional Amendment Act) getting echoed across the length and breadth in Assam, ‘Assam Accord’ has become the buzzword yet again. What does the Accord exactly spells out on the issue of ‘foreigners’ and ‘constitutional safeguards to the Assamese people’?

The Assam Accord is a Memorandum of Settlement (MoS) signed by the AASU (All Assam Students’ Union) and the Union Ministry of Home Affairs (MHA) in the presence of the then Prime Minister Rajiv Gandhi on August 15, 1985. While on behalf of the AASU, the Accord was signed by its then president Prafulla Kumar Mahanta and general secretary Bhrigu Kumar Phukan, it was the then Union Home Secretary RD Pradhan who signed it on behalf of the Union Ministry. While Clause 5 of the Accord spells out the foreigners issue, its Clause 6 speaks of Constitutional safeguards to the ‘Assamese people’. A tragic reality is that even after 34 years of signing of the Accord, the stakeholders in the State have not been able to define the phrase ‘Assamese people’ mentioned in Clause 6 of the Accord.

On the foreigners issue, the Clause 5 of the Accord spells out in clear terms that –

(1) For the purpose of detection and deletion of foreigners, 1-1-1966 shall be the base date year.

(2) All persons who came to Assam prior to 1-1-1966, including those amongst them whose names appeared on the electoral rolls used in 1967 elections, shall be regularized.

(3) Foreigners who came to Assam after 1-1-1966 (inclusive) and up to 24th March, 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners Tribunals Order, 1939.

(4) Names of foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registrations of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.

(5) For this purpose, the Government of India will undertake suitable strengthening of the governmental machinery.

(6) On the expiry of the period of ten years following the date of detection, the names of such persons which have been deleted from the electoral rolls shall be restored.

(7) All persons who were expelled earlier, but have since re-entered illegally into Assam, shall be expelled.

(8) Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and expelled in accordance with law. Immediate and practical steps shall be taken to expel such foreigners.

Clause 6 of the Accord says the ‘constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people’.

Among other issues, the Accord says ‘the international border shall be made secure against future infiltration by erection of physical barriers like walls, barbed wire fencing and other obstacles at appropriate places. Patrolling by security forces on land and riverine routes all along the international border shall be adequately intensified. In order to further strengthen the security arrangements, to prevent effectively future infiltration, an adequate number of check posts shall be set up.

‘Besides the arrangement mentioned above and keeping in view security considerations, a road all along the international border shall be constructed so as to facilitate patrolling by security forces. Land between border and the road would be kept free of human habitation, wherever possible. Riverine patrolling along the international border would be intensified. All effective measures would be adopted to prevent infiltrators crossing or attempting to cross the international border.’

The Accord further says that ‘it will be ensured that relevant laws for prevention of encroachment of government lands and lands in tribal belts and blocks are strictly enforced and unauthorized encroachers evicted as laid down under such laws.

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