November 8 still sends shivers down the spine for many Indians who saw 80 percent of the nation’s currency notes become illegal in one fell swoop. Even today the word “Mitron” meaning “friends” with which Prime Minister Narendra Modi began his famous nationwide address on that fateful night in 2016, causes panic and anxiety among many people. Therefore, on the fifth anniversary of that disastrous economic decision, the All Assam Minorities Students’ Union (AAMSU) decided to take the opportunity to highlight some of the more recent decisions of the regime that have proved to be disastrous for the state of Assam.

AAMSU held a demonstration in the national capital at Jantar-Mantar to highlight the plight of families who have been forcibly evicted from their homes in Assam. Calling the evictions “selective, arbitrary, illegal and inhuman”, AAMSU demanded that the state government stop them immediately. They also demanded that land pattas (land ownership documents) be given to all landless people in the state. This is a particularly powerful document, especially for those who became landless due to river erosion. An estimated 7 percent of Assams land has been lost to river erosion since independence. Many of these people are then forced to migrate to other areas where based on their religion, ethnicity or language, they are seen as “outsiders” due to paranoia surrounding illegal Bangladeshi immigrants infiltrating Assam. 

AAMSU also demanded that the process of finalising the National Register of Citizens (NRC) be completed soon. It is noteworthy, thathe Final NRC was published on August 31, 2019. However, it is yet to be notified by the Registrar General of India (RGI). This is particularly shocking given how the entire mammoth exercise was a Supreme Court monitored process. Ever since the NRC was published the BJP-led government in the state has refused to accept it, constantly asking for reverification despite the SC having denied the request once.  

The full list of AAMSU’s demands may be viewed here: 

Images from the protest may be viewed here:

Images courtesy Abul Kalam Azad,Education Secretary, AAMSU

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MHA once again gaslights public on NRC

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In yet another development in the ongoing controversy surrounding the use of communal words by a member of a Foreigners’ Tribunal in Baksa in an official letter, it has come to light that the FT member has issued a clarification giving a religion-wise break-up of people declared foreigners. But, instead of allaying fears, this has raised further red flags as FTs are quasi-judicial authorities, and therefore should not classify people whose matters are brought before them based on their religion.

Now the All Assam Minorities Students’ Union has written to the Home Secretary to look into the matter. AAMSU refers to a letter dated April 4, 2020, by Baksa FT member Kamlesh Kumar Gupta to Assam Health Minister Hemanta Biswa Sarma offering donations collected from other FT members. This letter however stipulated that none of the funds be used for providing relief to people who contracted the virus at the Tablighi Jamaat event organized in New Delhi’s Nizamuddin Markaz in March saying, “ “Our only prayer is that the help may not be extended to the members of Violators Tablighi Jamaat, Jehadi and Jahil.”

In their letter, AAMSU says, “That, the aforesaid letter by the Member of Foreigners Tribunal received wide condemnation and reported in national and regional media. Thereafter, the Member of Foreigners Tribunal, Baksa namely Kamalesh Kumar Gupta issued a self-proclaimed clarification on 11.04.2020 wherein stated that, as per records available with him, 9 persons belonging Hindu were declared not foreigners and 23 persons belonging to Muslim community were declared as not foreigners. It may be stated that the classification of persons based on religion by a Member of Foreigners Tribunal is not only condemnable but also improper.”

AAMSU adds, “It should be recalled that in the coming future the Members of Foreigners Tribunals would be responsible for deciding the appeals to be preferred by the people against their exclusion from the final National Register of Citizens (NRC). The letter dated 07.04.2020 is deeply prejudiced against a particular community.”

AAMSU brings up the possibility of his prejudice influencing his decisions and demands that Gupta be removed from his post saying, “That, the doctrine of bias is a unique judicial innovation consistent with the principle that the justice delivery system must be rooted in the confidence of the people and justice must not only be done but also appear to have been done. Therefore, the aforesaid Member of Foreigners Tribunal, Baksa may not be allowed to continue to decide the citizenship as there is reasonable apprehension in the mind of the people that there is the likelihood that his inherent bias and prejudice will influence his decision rather than the merit of the case.”

The entire letter by AAMSU may be read here:

Last week Barpeta MP Abdul Khaleque had also written to Assam Chief Minister Sarbanada Sonowal demanding that Gupta be fired. “By referring to member of one religious community (Muslims) as ‘Jehadi’ and ‘Jahil’ in writing that was widely circulated on Whatsapp and other media, the officer concerned has clearly stoked disharmony, ill-will, feelings of enmity and hatred between different communities, in the region and in the whole nation,” Khaleque had said.

Related:

Covid-19: Assam FT members donate to relief efforts, but stipulate funds not be used for ‘jehadis’
Assam MP asks CM to fire FT member who had called Muslims ‘Jehadi’ and ‘Jahil’

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On December 13, the arrested leaders and volunteers of the All Manipur Students’ Union (AMSU) were released unconditionally by the courts of CJM Imphal West and Imphal East after the state police submitted their final/closure report on the ground of insufficient evidence, reported The Sangai Express.

Front Line Defenders, in a press statement, has condemned the arbitrary arrest and detention of the AMSU leaders and office bears by the Indian state.

On December 9 and 10, almost as many as 11 leaders, including five office bearers of the AMSU were arrested by the Indian police in the state. Yumkhaibam Bijando, Sagolsem Ranjit and Sinam Bode were arrested on December 9 at around 7:30 PM from the AMSU office at the DM College Campus in Thangmeibamd without any warrant or reason given for the arrest.

The attack on AMSU and its leaders was linked to a total shut down or ‘bandh’ on 10 December called for by the North East Students’ Organisation (NESO) to protest the Citizenship Amendment Act. The AMSU as a member organization of NESO, supported the call for a total shutdown in protest against the new law.

Five office bearers Yumrembam Sanjit, W Deemocha, TH Thanil, M Bishal and Ng Toni were arrested on December 10 at around 4:30 PM from near the Nupilal Complex by the Jiribam Police and booked under Sections 143/145 and 506 of the Indian Penal Code that deal with unlawful assembly and criminal intimidation respectively.

The same day at around 9 PM, Pebam Bruce was arrested from his residence in Kwakeithel Takhel Leikai, Imphal west, by plainclothes officers. Around the same time, police officials from the Lamlai Police Station of Imphal East arrested Khumbongmayum Chaorel and Moirangthem Dikson were produced before Chief Judicial Magistrate Imphal East on 11 December and have been remanded in police custody for three days.

These arrests can only be said to be part of a larger crackdown by the Indian state against those opposing the Citizenship Amendment Bill, now Act, which has been widely condemned by rights groups for targeting the Muslim minority and also for being a deliberate attempt to change the demography of the North Eastern states and threaten the culture, language and identity of the indigenous people.

The central government had continued with using disproportionate force against protestors, by targeting student leaders and other human rights defenders, threatening, detaining and harassing them and also curbing essential internet services to control important factual information from being circulated to the people in the country.

Front Line Defenders had also questioned the conditions of detention and the safety of the leaders and members of the AMSU in custody.

In its press release it said, “The response of the Indian State to those protesting an inherently discriminatory and regressive state, by curtailing fundamental rights and freedoms including the freedom of assembly and association and freedom of expression, is a matter of grave concern. These rights embody the core of a human rights defenders work, without which they are unable to effectively carry out their peaceful work.”

Front Line Defenders had called on the Indian authorities to respect peaceful demonstrations and to recognize the right to people’s freedom of expression, values enshrined in the Constitution of India and in its international commitments; and put forth the following requests:

1. Immediately and unconditionally release Yumkhaibam Bijando, Sagolsem Ranjit, Sinam Bode, Bruce Pebam, Yurembam Sanjit, W Deemocha, Th Thanil, M Bishal, Toni Ng, Khumbongmayum Chaorel and Moirangthem Dikson as Front Line Defenders believes that they are being held solely as a result of their legitimate and peaceful work in the defence of human rights;

2. Ensure the safety of all those detained and grant them immediate and unfettered access to their families and lawyers and medical treatment;

3. Cease targeting all human rights defenders in India and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment;

4. Ease restrictions on communication and the use of internet in the North Eastern States.

Various news publications had also reported that apart from these members, the police had also arrested, Manipur University Students’ Union (MUSU) finance secretary Kenezia Ningthoujam, AMSU MUHRDC chairman RK Barun, members Moirangthem Bobison and Angom Kingson; SVC HQ members Rohen Khwairakpam, Salam Changkhonba and Aheibam Anganba and AMSU Imphal West VP Lukram Manglangba. Singjamei Police picked them up while the volunteers were carrying out the protest in front of Manipur University (MU).

Manipur is witnessing protests under the aegis of the NESO and AMSU. Last week on Thursday, General Secretary Kh Anjali of GP Women College Students’ Union warned that if the demand to release student leaders was not considered within 24 hours, the five colleges under the DM University umbrella would launch intense agitations with students of other colleges under MU and any untoward consequences arising out the students’ agitations would be the sole responsibility of the government, the Nagaland Post reported.

Related:

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Anti-CAB protests intensify in Assam
Assam simmers over CAB, protests spill over to Manipur too

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Dibrugarh, December 2, 2019: In an amusing twist to the Citizenship Bill saga, Assam Chief Minister Sarbananda Sonowal was, reportedly, compelled to flee from his house after All Assam Students’ Union (AASU) protesters reached the front of his residence in Dibrugarh. Reports in an online portal Inside Northeast said that a bike rally procession protesting the Bill was headed towards the Assam chief minister’s Lakhkhinagar residence. However, the chief minister chose not to confront them. “The Chief Minister left, because he had a prior engagement in Jorhat, and was afraid that he would be late if he did not leave early.”

However this is move of Sonowal is being interpreted as his decision to leave early in his chopper rather than face the wrath of the AASU members, who have been continually protesting against the Bill. AASU, along with 30 indigenous organizations, has launched bike protests, demanding the Government to immediately scrap the contentious Bill.

It may be mentioned here that many organizations from the Northeast Indian states have been protesting against the Bill, which is expected to be tabled during the ongoing winter session of the Parliament.

Meanwhile, Amit Shah, after a meeting with the various stakeholders, has assured that the tribal areas in Assam, Meghalaya, Tripura, and States protected with Inner Line Permit (ILP) would be safeguarded from the impact of the Citizenship (Amendment) Bill, according to reports.

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The post Sonowal, Assam CM escapes in chopper as AASU protesters reach his home appeared first on SabrangIndia.

The statement issued by AAMSU reiterates how the process of NRC was revived in Assam and gives details on how the NRC process in Assam was carried out under the supervision of the Supreme Court calling it a “fair process based on scientific methods”.

CAB in the Parliament

The statement mentions how, when the CAB, 2016 was introduced in the Lok Sabha and a Joint Parliamentary Committee was formed, AAMSU had submitted memorandum before the JPC expressing views on the Citizenship (Amendment) Bill, 2016 wherein it was categorically stated that the provisions of historical Assam Accord, 1985 shall be kept intact and the process of NRC shall be completed in time bound manner.

The gazette notification that laid down foundation for CAB

The statement makes mention of the Gazette notification dated September 7, 2015 in respect of Foreigners (Amendment) Order, 2015 whereby Order 3A has been inserted in the Foreigners Order, 1948 by amendment, exempting the persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution of fear of religious persecution and entered into India on or before the 31st December, 2014. These classes of people are exempted from prosecution under the Foreigners Act and orders made thereunder.

The same gazette notification also notified amendment of Passport (Entry into India) Amendment Rules, 2015 whereby Rule 4 (1) (ha) has been inserted having the same effect as the amendment to the Foreigners Act, thus effectively exempting Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution who entered India on or before December 31, 2014 from prosecution under the said Passport Rules.

A writ petition (WP(C) No.68/2016) is pending before a Constitution Bench at the apex court for considering the constitutionality of the aforementioned amendments notified in gazette notification of September 7, 2015.

Clause 6 of Assam Accord and the High Level Committee

Clause 6 of the Assam Accord deals with constitutional, legislative and administrative safeguards to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people. The drawback of this clause or the Assam Accord as a whole is that it does not define “Assamese people”. A high level Committee headed by Justice (retired) Biplab Kumar Sarma, consisting of 12 members is in the process of gathering feedback from the public for further recommending to the government on better and effective implementation of clause 6.

The statement mentions that there is also no definition of Assamese as community. In a book written by Dr. Lila Gogoi titled AsomorSanskriti, there is reference to the fact that no particular caste can be represented as the Assamese people; rather during different periods of history, different sections, communities, tribes came to Assam, all of whom have assimilated with the characteristics of Assam; they are all Assamese.

In 2015, the then Speaker of Assam Legislative Assembly took initiative to define the term Assamese and AAMSU had submitted a memorandum in that regard, stating,

“As per historical Assam Accord 1985, all persons except those who will be detected and deported by due process of law and who are permanently residing in Assam, assimilating themselves with Assam’s socio-economic, cultural aspects irrespective of their caste, creed, religion and language are thinking for the wellbeing of Assam shall be defined as Assamese”

AAMSU raised it concerns that the High Level Committee was raising issues and topics beyond the provisions of clause 6.It observed that the said Committee had invited suggestions as regards to protection of Land Rights of indigenous tribal, indigenous Assamese and other indigenous people of Assam, which is a provision under clause 10 and clause 11 of the Assam Accord, thus exceeding its agenda, as approved by the central government.

AAMSU’s concerns

AAMSU has urged the Home Ministry to keep the provisions of the Assam Accord, 1985, as accepted by all sections of society, intact at any cost, in the interest of Assam as well as the country. It also urged that National Identity Cards be issued to all persons included in the final NRC as published on August 31, 2019 and those excluded be given free, fair, reasonable and adequate opportunity to prefer an appeal as per provision of the Paragraph. 8 of the Schedule to the Rule.4A of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

It is only natural that the AAMSU is concerned about Assam undergoing NRC all over again as it would not only bring back a tumultuous time for Assam but will also put the minorities in Assam, such as Muslims, who are at a particular and definite risk at being declared foreigners despite of having been citizens as per provisions of Assam Accord and the apex court supervised NRC that has already taken place in the state.

Although the nation-wide NRC is touted to be based on citizenship and not religion, Muslims left out of such NRC will not be provided for in the proposed amendment to the Citizenship Act which makes matters even worse for the Muslim community, as other minority communities will at least be protected. The Union Home Minister, Amit Shah, has made amply clear the intentions of his government to introduce CAB, which excludes “foreigners” belonging to Muslim community for provision of citizenship and hence the concerns of the AAMSU are valid.

AAMSU’S memo to the Union Home Minister can be read here

Related:

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An all-India NRC, coupled with CAB aims to threaten, destabilise & stigmatise Indian Muslims: Arundhati Roy

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