Union Home Minister Amit Shah on Monday Dec 09,2019 tabled the controversial
Citizenship (Amendment) Bill (CAB), 2019, in Lok Sabha that seeks to
grant Indian citizenship to non-Muslim refugees from Pakistan,
Bangladesh and Afghanistan escaping religious persecution there
293 votes in favour of introduction of Citizenship Bill
While there were 82 votes against the introduction of the contentious Bill
CAB does not apply to certain States
In the revised version of CAB, the BJP Govt has exempted certain areas in the Northeast, where the Bill has been facing protests
In effect, it
exempts the whole of Arunachal Pradesh, Nagaland and
Mizoram, almost the whole of Meghalaya, and parts of Assam and Tripura,
but keeps all of Manipur under its ambit.
states: “Nothing in this section shall apply to tribal areas of Assam,
Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the
Constitution and the area covered under ‘The Inter Line’ notified under
the Bengal Eastern Frontier Regulation, 1873.”
The
Inner Line Permit(ILP) System prevails in Arunachal Pradesh, Nagaland and Mizoram. In Nagaland, Dimapur town is not under ILP as of now
How does the ILP system work?
ILP is a special permit that citizens from other parts of India
require to enter the three states. It can be obtained after applying
online or physically, and specifies dates of travel and areas which the
ILP holder can travel to
When the regime was introduced under the Bengal Eastern Frontier
Regulation Act of 1873, the objective was to protect the Crown’s own
commercial interests by preventing “British subjects” (Indians) from
trading within these regions. In 1950, the Indian government replaced
“British subjects” with “Citizen of India”, to address local concerns
about protecting their interests.
What does this exemption mean for beneficiaries under CAB?
In ILP states, there are already a large number of migrants from
other Indian states. They live and work there equipped with long-term
ILPs, and renew these. The question now being asked, therefore, is
whether a person who becomes an Indian citizen through CAB can, or
cannot, apply for an ILP and work in such states, just like any other
Indian citizen
Also, multiple restrictions and regulations exist on entry and stay
of “outsiders” (Indian citizens from outside that state/area) in areas
under the Inner Line system or the Sixth Schedule. These existing rules
are expected to put the same restrictions on someone who has acquired
citizenship through CAB
The exemptions appears to imply, however, that no immigrant
non-citizen living in these areas can be regularised as an Indian
citizen through CAB. “The exemption means that no… Bangladeshi will be
allowed to settle in Mizoram and other ILP states under CAB. That is
what our demand was — that even if CAB is passed, a state like Mizoram
should be exempted,” said Vanlaruata, president of the central committee
of the influential Young Mizo Association
What is the Sixth Schedule, and which areas are exempted from CAB?
The Sixth Schedule of the Constitution, described in Articles 244(2)
and 275(1), relates to special provisions in administration of Assam,
Meghalaya, Tripura and Mizoram and provides special powers for Autonomous District
Councils (ADCs) in these states. ADCs have powers to enact laws in
areas under their jurisdiction on a variety of subjects, with the
objective of ensuring development of tribal areas and boosting
self-governance by tribal communities
Mizoram is covered under the ILP regime in any case. Among the other
three states that have areas protected under the Sixth Schedule,
tribal-majority Meghalaya has three ADCs that cover practically the
entire state, except for a small part of Shillong city. Assam has three
ADCs and Tripura one, all with Sixth Schedule powers.
So, why has Manipur been an exception to both these kinds of regimes?
Manipur, like Tripura, was a princely state. When they joined the
Indian Union (both in 1949; they became full-fledged states in 1972),
they were out of the scheme of the Sixth Schedule, said
L Lam Khan
Piang, assistant professor at the School of Social Sciences in JNU.
“Only from 1985, the Sixth Schedule was implemented in Tripura’s
tribal areas. When Tripura was given, the Centre had said that even in
Manipur it would be extended shortly —but it never turned out to be a
reality. However, in Manipur the state government had recommended three
times for the Sixth Schedule… they recommended three times but they did
not pursue it properly,” Piang said.
What about Manipur’s tribal areas?
Manipur has two geographically distinct areas. The valley, which
includes Imphal, constitutes roughly 10% of the geographical area but
holds around 60% of the state’s population. These belong mostly to the
dominant Meitei community. The remaining 90% is hill areas, home to the
other 40% that include a wide range of tribes, including Nagas and
Kukis.
Piang said the Centre, while granting statehood, was aware that
certain problems could come up for tribals and hence introduced Article
371C.
But what is Article 371C?
It mentions special provisions for Manipur: “… The President may, by
order made with respect to the State of Manipur, provide for the
constitution and functions of a committee of the Legislative Assembly of
the State consisting of members of that Assembly elected from the Hill
Areas of that State, for the modifications to be made in the rules of
business of the Government and in the rules of procedure of the
Legislative Assembly of the State and for any special responsibility of
the Governor in order to secure the proper functioning of such
committee.”
It adds, “The Governor shall annually, or whenever so required by the
President, make a report to the President regarding the administration
of the Hill Areas in the State of Manipur and the executive power of the
Union shall extend to the giving of directions to the State as to the
administration of the said areas.”
Piang said powers granted through this provision protect the tribals
of Manipur in the Assembly, primarily through the Hill Areas Committee
of the Manipur State Legislative Assembly — which comprises MLAs from
the hill areas of the state
Are there any other provisions for Manipur?
The Manipur (Hill Areas) District Council Act, 1971, passed by
Parliament, paved the way for establishment of six Autonomous District
Councils in Manipur in 1972. Piang notes, however, that without the
Sixth Schedule in place, these Councils have much lower powers in
comparison to ADCs under the Sixth Schedule
Last year, the Manipur People Bill, 2018 was passed by the Assembly.
Said to be awaiting presidential assent, it proposes to several
regulations on “outsiders” or “non-Manipuri people” in the state. The
Bill had undergone series of negotiations on defining the “Manipuri”
people, after which a consensus was reached on 1951 as the cut-off year
What about other states in the Northeast?
In Nov'19, the Meghalaya Cabinet approved amendments to
the Meghalaya Residents Safety and Security Act 2016, which will lead to
laws that require non-resident visitors to register themselves
The
move came in the backdrop of demands for an ILP-like regime and concerns
expressed by civil society and political leaders, including Chief
Minister Conrad Sangma, that people excluded from the National Register of Citizens(NRC) in Assam might try to enter Meghalaya
In Assam too, there have been demands by certain sections for the
introduction of an ILP regime. Groups such as the Asom Jatiyatabadi Yuba
Chatra Parishad, a youth organisation, have been organising
demonstrations seeking ILP throughout the state.
