On February 2, 2021, in response to a series of questions raised by Members of Parliament (MPs) Abdul Khaleque and Pradyut Bordoloi from Assam, the Ministry of Home Affairs (MHA) gave a series of boiler-plate responses and non-answers.

Khaleque and Bordoloi had raised questions about details of the Clause 6 Committee, its functioning, its recommendations and steps that had been taken to implement said recommendations. But in response, the government did a basic “copy-paste” job from the Assam Government website: assamaccord.assam.gov.in

It not only reproduced contents of clauses 6 and 7, it also copy-pasted measures taken way back in 1989 in response to a question about implementation of committee recommendations.

Sample this: “Establishment of an autonomous institution namely Anandaram Borooah Institute of Language Art & Culture Assam (ABILAC) in 1989 with financial assistance from Govt. of Assam. Besides this, the Directorate of Higher Education, Govt. of Assam has been providing annual grants to the Voluntary Organizations for upliftment of the Language, Art and Culture in their respective field.”

This measure was taken in 1989! 

The Annexure that lists measures, does not indicate if any of the measures were as per the recommendations of the Clause 6 Committee, or for that matter, what were the recommendations of the Committee.

In fact, when it comes to specific answers, the only information yielded by the government was, “A High Level Committee was constituted to examine the effectiveness of steps taken since 1985 and required to be taken for implementation of clause 6 of the Assam Accord. As informed by the State Government, the Committee held 36 meetings. The Committee submitted its report to the State Government of Assam. The recommendations are under examination of the State Government.”

There was also no response to the pointed question, “the reasons for submitting the report to the Chief Minister when the committee was formed by Union Home Ministry?”

This appears to suggest that the government is either being evasive, or is not serious at all when it comes to implementation of the recommendations of the Clause 6 Committee. 

The entire response by Minister of State in the MHA, G Kishan Reddy may be read here:

Brief background

In February 2020, the Clause 6 Committee constituted by the Ministry of Home Affairs (MHA) had submitted a slew of recommendations pertaining to Constitutional, legislative and administrative safeguards for the interests and culture of Assamese people. The 14-member high-powered Committee had been constituted in July 2019 and had been given six months to submit its report, which it did just days before the deadline.

SabrangIndia had previously reported on how it appeared that the MHA was distancing itself from the Clause 6 Committee report and recommendations.

This Report of the Committee on Implementation of Clause 6 of the Assam Accord was however not made public at that time. Then, six months later, some members of the panel including Arunachal Pradesh Advocate General Nilay Dutta and three members of the All Assam Students Union (AASU) released the report independently.

As per the report, what is key to the Committee’s recommendations is a series of amendments to Article 371 B. The report says, “The Committee is of the opinion that to give full effect to its Recommendations, as stated hereinbelow, several Constitutional and legislative amendments will be necessitated. The existing Article 371-B in the Constitution of India will need to be amended.”

SabrangIndia had reported on a meeting that was held at the residence of Union Home Minister Amit Shah in New Delhi on September 20, 2020, in which one of the key topics of discussion was the next steps to be taken with respect to the Clause 6 committee report. It was attended by Chief Minister Sarbananda Sonowal, State minister and North Eastern Democratic Alliance (NEDA) convenor Himanta Biswa Sarma, Union Home Secretary Ajay Kumar Bhalla, Joint Secretary (North-east) Satyendra Garg, and Assam Chief Secretary Kumar Sanjay Krishna, among others. They discussed the future course of action on implementation of the Clause 6 report, grant of Scheduled Tribe status to six communities, implementation of the Bodo Accord and the vital NRC issue, among others.

Speaking to media persons after the meeting, Himanta Biswa Sarma said that since the Clause 6 Committee Report has contents that may require legal amendments, the Union Home Minister has instructed the Chief Minister that the State government should have the report examined by legal experts and determine if there is any need for amendments, and then advise the Centre accordingly.

Related:

Clause 6 committee report to be examined by legal experts?

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Is MHA distancing itself from Assam Clause 6 committee report?

The post Government still evasive about Clause 6 Committee report appeared first on SabrangIndia.

On September 20, 2020 a meeting was held at the residence of Union Home Minister Amit Shah in New Delhi, where one of the key topics of discussion was the next steps to be taken with respect to the Clause 6 committee report.

Brief background

In February 2020, the Clause 6 Committee constituted by the Ministry of Home Affairs (MHA) had submitted a slew of recommendations pertaining to Constitutional, legislative and administrative safeguards for the interests and culture of Assamese people. The 14-member high-powered Committee had been constituted in July 2019 and had been given six months to submit its report, which it did just days before the deadline.

This Report of the Committee on Implementation of Clause 6 of the Assam Accord was however not made public at that time. Then, six months later, some members of the panel including Arunachal Pradesh Advocate General Nilay Dutta and three members of the All Assam Students Union (AASU) released the report independently.

As per the report, what is key to the Committee’s recommendations is a series of amendments to Article 371 B. The report says, “The Committee is of the opinion that to give full effect to its Recommendations, as stated hereinbelow, several Constitutional and legislative amendments will be necessitated. The existing Article 371-B in the Constitution of India will need to be amended.”

Fresh developments

The meeting on September 20, was attended by Chief Minister Sarbananda Sonowal, State minister and North Eastern Democratic Alliance (NEDA) convenor Himanta Biswa Sarma, Union Home Secretary Ajay Kumar Bhalla, Joint Secretary (North-east) Satyendra Garg, and Assam Chief Secretary Kumar Sanjay Krishna, among others. They discussed the future course of action on implementation of the Clause 6 report, grant of Scheduled Tribe status to six communities, implementation of the Bodo Accord and the vital NRC issue, among others.

Speaking to media persons after the meeting, Himanta Biswa Sarma said that since the Clause 6 Committee Report has contents that may require legal amendments, the Union Home Minister has instructed the Chief Minister that the State government should have the report examined by legal experts and determine if there is any need for amendments, and then advise the Centre accordingly.

“The Home Minister does not want the report with legal defects which then may have to be sent back to the State. He wants that the committee’s report should be examined by Constitutional experts so as to ensure that there are no legal lacunae. In future, if the report is stalled because of legal lacunae a wrong signal will go to the people of Assam,” said Sarma.

However, here arises an interesting question. The Committee on implementation of Clause 6 of Assam Accord comprised legal experts like Biplab Kumar Sharma (former Judge, Gauhati High court), Ramesh Barpatragohain (Advocate General of Assam), Nilay Dutta (Advocate General of Arunachal Pradesh), Shantanu Bharali (Legal Advisor to the Chief Minister of Assam) among others.

If the recommendation of such esteemed legal experts requires another round of review, then what was the necessity for inclusion of such legal experts to the committee in the first place? It is alleged that this review is simply an eye wash to placate Bengali Hindus, the core support base of BJP as they have revolted against the report.

Responding to this, Dr Akhil Ranjan Dutta, Head of the Department, Political Science, Gauhati University, said, “For me the suggestion given by the Union Home Minister to Assam Chief Minister to get the Clause 6 Committee Report 2020 examined by legal experts is rather ironic.  The Report has been prepared by a Committee where there are two Advocate Generals of two state governments apart from a High Court Justice (Rtd.) as the Chairperson. Now, how do the legal experts nominated by the State Government examine it? Will it be examined by Constitutional experts? If it is by Constitutional Experts then it is a bit reasonable as they may bring in questions like how do reservations of various kinds up to 80% based on 1951 as the cut off year even for recruitment in the private sector conform to the very premises of universal citizenship.”

Dr Dutta added, “But, more important is the sustainability of the propositions in political and social terms? Will these propositions of reservation up to 80% in all representational bodies contribute towards social harmony and peace that propose to deprive the streams of citizens and their descendants of the period between 1951-71 from constitutional and other safeguards? I am raising these questions for debates and discussions. I am neither endorsing nor rejecting the proposals.”

Related:

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Is MHA distancing itself from Assam Clause 6 committee report?

The post Clause 6 committee report to be examined by legal experts? appeared first on SabrangIndia.

In February 2020, the Clause 6 Committee constituted by the Ministry of Home Affairs (MHA) had submitted a slew of recommendations pertaining to Constitutional, legislative and administrative safeguards for the interests and culture of Assamese people. The 14-member high-powered Committee had been constituted in July 2019 and had been given six months to submit its report, which it did just days before the deadline.

This Report of the Committee on Implementation of Clause 6 of the Assam Accord was however not made public at that time.

Now, six months later, some members of the panel including Arunachal Pradesh Advocate General Nilay Dutta and three members of the All Assam Students Union (AASU) have released the report independently.

As per the report, what is key to the Committee’s recommendations is a series of amendments to Article 371 B. The report says, “The Committee is of the opinion that to give full effect to its Recommendations, as stated hereinbelow, several Constitutional and legislative amendments will be necessitated. The existing Article 371-B in the Constitution of India will need to be amended.”

In order to understand the ramifications of this, first let us take a closer look at Article 371 B of the Constitution of India and Clause 6 of the Assam Accord.

Article 371 B of the Constitution of India

This Article deals with Special provision with respect to the State of Assam and states, “Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, 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 tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.”

Clause 6 of the Assam Accord

The Assam Accord was signed in 1985 after a 6-year-long violent agitation that was born out of concerns of ‘outsiders’ or ‘illegal immigrants’ from Bangladesh entering and taking over parts of Assam in an alleged bid to change the original demography and culture of the region.

Clause 6 of the Assam Accord says, “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.”

A committee was formed to look into how the interests and culture of Assamese people could be best protected and according to the government’s official website, the following action has been taken so far:

1. The Srimanta Sankardeva Kalakshetra Society was established under clause 6 of the historic Assam Accord and committed to work for preservation, promotion and upliftment of culture of the people of Assam.
   For the construction of the complex, the Ministry of H.R.D. Govt. of India funded Rs. 18.85 crores and Govt. of Assam funded Rs. 1.50 crores the total construction cost being 20.35 crores. The total area of the campus is 10.28 hectares at Panjabari, Guwahati.   

2. Jyoti Chitraban Film Studio Scheme (Phase-I & Phase-II) has been implemented for Rs. 8.79 crores.

3. The Modernisation of the Jyoti Chitraban Film Studio Phase III (Part-I) for Rs. 10 crores has been sanctioned by the Govt. of India and works are currently in progress. Work completed about 85%. Construction of Mini Film City is under process. This Film Studio Society will become a Film Hub of the entire North-East Region.  Construction of “Film Archive” is under process and expected to be completion shortly.

4. Rs. 21.00 Crore has been granted as financial assistance to 219 Nos. of Satras of Assam.

5. Rs. 7.00 crores have been provided as financial assistance for 11 Nos. historical monuments so far for their protection, preservation and development.

6. Archaeological Survey of India has taken up the protection, preservation and development of 5 monuments. These are

(i) Singri Temple’s ruins

(ii) Urvarshi Archaeological Site

(iii) Poa-Mecca, Hajo

(iv) Kedar Temple, Hajo and

(v) Hayagriva Madhava Temple, Hajo.

7. The Executive Council of the Jawaharlal Nehru University has resolved to approve the establishment of an Assamese Chair in the Centre of Indian Language, Literature and Culture Studies of the University. The matter is being taken up with the Jawaharlal Nehru University.

8. An Autonomous Institution namely Anandaram Borooah Institute of Language Art & Culture Assam(ABILAC) has been established  on 12^thDecember,1989 with the Financial Assistance from Govt. of Assam. The Institute is pursing Research for the development of Indigenous Language. Art and Culture of the State. Besides this, the Directorate of Higher Education providing annual grants to the following Voluntary Organizations for upliftment of the Language, Art and Culture in their respective field. The list of Voluntary Organizations involves are as follows:- 

(1) Indian Art History Congress,

(2) Assam Sahitya Sabha,

(3) Assam Science Society,

(4) Institute of Adv. Study in Science & Technology,

(5) Central Tai Academy, Patsaku,

(6) Sadou Asom Lekhika Samaroah Samity,

(7) Tai Sahitya Sabha,

(8) Manipuri Sahitya Parishad,

(9) Dimasa Sahitya Sabha,

(10) Assam Academy of Mathematics,

(11) Borak Upatyaka Bonga O Sahitya Sanmilan,

(12) South East Asia Ramayani Research Centre,

(13) Karbi Lame T Amei (Karbi Sahitya Sabha),

(14) Nepali Sahitya Parishad,

(15) Rabha Academy,

(16) Kamrup Sanskrit Sanjivani Sabha,

(17) Kamrup Anusandhan Samity,

(18) Purnakant Buragbohain Institute,

(19) Institute of Tai Studies.

9. The different political parties, Sahitya Sabhas, Youth organizations, All Assam Student Union and reputed N.G.O’s are requested to furnish their views/ suggestions for preparation of definition of “Assamese Peoples” in the meeting held time to time. Besides a few organizations, the views and suggestion from all organization are not received. The matter is under the consideration of Cabinet Sub-Committee at present.

However, as per the report, “The Committee noted that the Assam Accord is yet to be fully and effectively implemented even after 35 years of its signing.”
 

The Core Proposal

So, what would the Committee have the government do? As per the report, great emphasis has been placed on the foreigner issue. The core proposal states, “Assam Accord must be fully implemented in a time bound manner, so as to facilitate detection, deletion and deportation of foreigners in Assam.” It adds, “Prompt and adequate measures to be adopted to completely seal the IndoBangladesh Border in the line of Indo-Pakistan Border.” The report also suggests, “Till deportation of post 1971 stream of declared foreigners is completed, they should be resettled in areas outside the State of Assam, as an interim measure.”

The Committee also states that, “It is felt that complete implementation of all Clauses of Assam Accord especially Clauses 5.1 to 5.9, Clauses 7, 10 and 11 are essential for the safeguards to be provided under Clause 6 of the Assam Accord.”

Here’s what these clauses say:
 

Clause 5: Foreigners Issue

5.1       For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.

5.2       All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the electoral rolls used in 1967 elections, shall be regularized.

5.3       Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24^th March, 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.

5.4       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 Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.

5.5       For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.

5.6       On the expiry of a period of ten year following the date of detection, the names of all such persons which have been deleted from the electoral rolls shall be restored.

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

5.8       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.

5.9       The Government will give due consideration to certain difficulties expressed by the AASU/AAGSP regarding the implementation of the Illegal Migrants (Determination by Tribunals) Act, 1983.

Clause 7: Economic Development

It says, “The Government takes this opportunity to renew their commitment for the speedy all round economic development of Assam, so as to improve the standard of living of the people. Special emphasis will be placed on education and science & technology through establishment of national institutions.”

Clause 10: Prevention of Encroachment of Government lands

This clause states, “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.”

Clause 11: Restricting acquisition of immovable property by foreigners

It says, “It will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.”

Defining Assamese People

The next set of key recommendations deals with the definition of Assamese People. Here the report says, “The Committee after deliberations and upon consideration of the various representations from the stakeholders and further on the basis of interactions with various organisations and individuals, the Committee has come to the conclusion that the definition of Assamese People for specific purpose of implementation of Clause 6 of Assam Accord should consist of Indigenous Tribals as well as other Indigenous Communities of Assam over and above Indigenous Assamese.”

It further defines Assamese People as all citizens of India who are part of:

(i)               Assamese community, residing in the Territory of Assam on or before 01.01.1951 Or

(ii)              Any indigenous Tribal Community of Assam residing in the Territory of Assam on or before 01.01.1951 Or

(iii)            Any other indigenous community of Assam residing in the Territory of Assam on or before 01.01.1951 Or

(iv)            All other citizens of India residing in the territory of Assam on or before 01.01.1951 And

(v)              Descendants of the above categories

Reservations

The Committee recommends reserving 80-100 percent of seats allotted to the state of Assam in the Parliament for Assamese People as defined above. It further recommends that 80-100 percent of seats in Assam Legislative Assembly and Local Bodies be reserved for Assamese people but be inclusive of pre-existing reservations and that similar reservation to be extended in respect of local bodies excluding Sixth Schedule Councils.

With respect to Sixth Schedule Councils namely Karbi Anglong Autonomous Council, North Cachar Hills Autonomous Council and Bodoland Territorial Autonomous Council, the Committee recommends immediate and effective implementation of various agreements arrived at so far. The Committee further recommends that the Statutory Autonomous Councils created by the State Acts namely, Rabha Hasong Autonomous Council, Tiwa Autonomous Council, Mising Autonomous Council, Deori Autonomous Council, Thengal Kachari Autonomous Council and Sonowal Kachari Autonomous Council should be made fully functional by providing adequate financial and administrative support. Similar support should be extended to Development Councils.

This is significant because Assam is home to several different tribes and communities who enjoy varying degrees of autonomy and protections when it comes to administration of affairs within designated areas.

Creation of Upper House

This is where the Committee says an amendment to Article 371 B will be required. The Committee recommends “the making of adequate provision for an Upper House (Legislative Council of Assam) and all seats thereof to be reserved for the ‘Assamese People’. The composition of the House shall be from among the SC, ST and the tribes/communities of the State (seats allotted in descending order of population of each tribe on rotational basis).”

Employment

Here too the Committee recommends amendments to Article 371 B to enable:

·80 to 100 percent of Group C and D level posts in Central Government/Semi-central Government/Central PSUs/Private Sector including under PPP Mode falling and arising in Assam should be reserved for Assamese people.

·80 to 100% of jobs under Government of Assam and State Government undertakings and 70 to 100% of vacancies arising in private partnerships including PPP mode in State of Assam shall be reserved for Assamese people.

 Land and Land Rights

This is where a whole host of protections are granted to ensure land remains in control of Assamese people. The report says, “Unless the land rights of the “Assamese People” are protected along with the political rights, it will be a futile exercise to adopt measures for full implementation of Clause 6 of the Assam Accord in its true spirit, keeping in mind the background facts.” Some of the key recommendations are as follows:

·In addition to tribal belts and blocks under Chapter X of ALRR 1886, the State Government should identify the Revenue Circles of the State, where only “Assamese People” can own and possess land and transfer of such land in these areas are limited to them alone. The selected urban areas under the Assam Municipal Act will however be excluded without affecting the interest of the Assamese people.

·Government should take immediate steps to prevent shrinkage/decrease of Prime Agricultural Land. There has to be complete ban on transfer of such land for non-agricultural purposes.

·Section 8 of the Assam Agricultural Land (Regulation of Re-classification and Transfer of Land for Agricultural Purpose) Act, 2015 which allows violation of the law pertaining to re-classification should be repealed. Whenever, re-classification is sought, the public opinion in a meeting of the Gram Sabha will be a mandatory condition

The above recommendations are significant as they provide protection to indigenous and forest dwelling communities that live on forest land and depend on forest produce.

Another key provision deals with the erosion prone Char areas. The report recommends, “Char areas should be surveyed and newly created Char areas should be treated as Government land and erosion affected people should get priority in allotment. Alternatively, Char land is to be taken over for agricultural and allied activities like dairy, fodder plantation etc through community ownership.”

It is noteworthy that due to erosion in these riverine areas, often entire villages are washed away and people have to relocate bag and baggage often losing important documentation in the process. As documents are the only way for people to defend their Indian citizenship, they are often the most valuable possession of these people.

Some other recommendations have been made with respect to administration and management of Tea Garden land. Recommendations also pertain to allotment of land patta to Assamese people.

Language, Culture and Natural Resources

While Assamese shall continue to remain the official language of the state of Assam, the Committee also recommends protection and promotion of indigenous tribal languages including, Bodo, Mishing, Karbi, Dimasa, Koch-Rajbongshi, Rabha, Deuri, Tiwa, Tai and others. The Committee says, “The Four Language Policy should be given appropriate legislative protection.”

The Committee has also made a series of recommendations to protect ancient monuments, and institutions like Sattras, Naamghars and other indigenous religious institutions. The Committee also recommends the “preservation and documentation of the Zikirs and Zaris composed by Ajan Pir, the celebrated Sufi saint of Assam. Efforts should be made for translation of Zikirs in various indigenous languages of the State.”

As far natural resources are concerned, the Committee recommends, “Value addition to the State’s natural resources, both renewable or otherwise, be carried out within the State itself so as to generate economic activities and employment opportunities in the State.” It adds, “The Assam State Biodiversity Board should be strengthened with sufficient financial assistance from both the Central and the State Government for effective functioning and taking up measures for consideration of the biodiversity of Assam.”

The entire Report of the Committee on Implementation of Clause 6 of the Assam Accord Constituted by Ministry of Home Affairs, Government of India may be read here: 

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The post Constitutional and legislative amendments needed to implement Clause 6 of Assam Accord: Committee appeared first on SabrangIndia.

Just yesterday, we had told you how the recommendations of a report by Assam Clause 6 committee were all set to divide Assam into a state of ‘haves’ and ‘have-nots’. We had also told you how the report was perceived to e rather contentious and how Home Secretary, Government of India, Satyendra Garg, who is member secretary of the committee, had not signed the report.

Now, it turns out that the Ministry of Home Affairs (MHA), that was originally expected to receive the report on behalf of the Government of India, might now even receive the report. According to the Indian Express, the report will be handed over to the Assam state government and not the MHA that constituted the committee in the first place. Sources told the Indian Express that there is unease in the central government over the report because the committee is learnt to have recommended a 1951 cut-off date to define “Assamese” people, and has also suggested an Inner Line Permit regime for the state.

SabrangIndia had reported earlier that the government of India has turned down the high-power committee recommended reconciliation of Eastern Bengal Frontier Regulations 1873 in Assam. As per report, the reconciliation of Eastern Bengal Frontier Regulations 1873 will create a bar on implementation of CAA in Assam.

So, there were at least 4 meetings where joint Home Secretary, Government of India, Satyendra Garg, who is member secretary of the committee, was not present. It was informed to Assam Chief Minister Sarbananda Sanowal, who also spoke to Garg, but had no results. So, the committee submitted its unsigned final report to Satyendra Garg on February 14, 2020, and send a letter to Union Home Minister Amit Shah to formally submit the report. After repeated communications the committee was not allotted time to meet Amit Shah.

Rather, the union joint Home Secretary, Satyendra Garg advised the committee to change the line “Union Government will take proper steps to reconciliation of Eastern Bengal Frontier Regulations 1873 in Assam” to “Union Government may take proper steps to reconciliation of Eastern Bengal Frontier Regulations 1873 in Assam”. It antagonised all other members of the committee. In this situation the Chairman of the high-power committee submitted its final report to Assam Accord implementation Department on February 19, 2020. The final report was signed by all members other than Satyendra Garg.

Now, Assam Finance and Health Minister Himanta Biswa Sarma has told the Indian Express, “Yes, they will submit the report on February 25 to the Chief Minister. He will receive it on behalf of the Government of India.” Another MHA source told the paper, “We are told the cut-off date they have set for defining Assamese is pre-1951 NRC. This means if we accept it, we will have to conduct another NRC in Assam. Also, we are not yet in favour of granting the ILP to Assam.”

Amit Shah’s case for Clause 6 committee

It may be recalled that it was Home Minister Amit Shah who had called out the previous governments for failing to form the Clause 6 committee. Now, Clause 6 of the Assam Accord says, “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.” Nowhere does it mention requirement for formation of any committee.

It may also be recalled that telecast of Rajya Sabha TV was temporarily suspended on December 10, 2019, when Amit Shah started speaking about the Clause 6 committee. At 12:20 PM Shah started speaking about Assam. He said, “As far as Assam is concerned, I want to put forth a hard truth before the house. In 1985, then Prime Minister Rajiv Gandhi signed the Assam Accord. As per clause six of the accord government was to protect the identity, language, culture and representation of the people of Assam. The government was to set up a committee under clause 6 to look into this. But this committee was not made until Narendra Modi came to power.” Shah went on to invoke the martyrs of the Assam agitation saying, “We believe that the sacrifices of the martyrs should not go in vain. Which is why we will bring the real solution to Assam’s problems. This is why we have created a clause 6 committee that also includes members of AASU (the organization at the forefront of the Assam agitation) and Asom Gana Parishad.”

This led to vociferous retaliation from the opposition benches. “This is misleading. There is no need for committee for clause 6,” said Ripun Bora of the Congress, fact checking Amit Shah. But Vice President Venkaiah Naidu asked him to sit down claiming Bora was misbehaving. Naidu further ordered, “This will not go on record. Nothing should be shown.” But Bora kept drawing attention to clause 5 instead of clause 6, as it is the various provisions of clause 5 that deal with questions about the influx of foreigners. Shortly after this telecast of proceedings was suspended and the screen simply read, “Telecast of proceedings of Rajya Sabha to resume shortly.” A few minutes later, when proceedings resumed, the commotion had died down.

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The post Is MHA distancing itself from Assam Clause 6 committee report? appeared first on SabrangIndia.

Guwahati, February 19: Assam is all set to be home to two types of citizens in near future. One will be the citizens having all rights and protections with respect to land and social-economic development. However, the other lot will have no such rights.

It has been revealed in the exclusive report submitted by high power committee on implementation of clause 6 of Assam Accord. The committee which was formed when the Citizenship Amendment Act (CAA) came into effect last year. IT is headed by former justice of Gauhati High Court, Biplab Kumar Sharma who in its final report said that, the people who were living in Assam on or before January 1, 1951, irrespective of their religious and ethnic identity are the people of Assam, and thus people of Assam will have the land rights, legislative safeguards related to employment, administrative and constitutional matters.

The committee submitted its final report to joint secretary Home Satyendra Garg, who is member secretary of this high-power committee on February 14, 2020.

Assamese vs indigenous

The high-power committee was assigned to define the Assamese people as per clause 6 of Assam Accord and the cultural, legislative and constitutional safeguard which was necessitated for the Assamese people. It was a major debate of the state as various tribal groups are distancing themselves from the ambit of Assamese people so a narrative was grown that the word Assamese people will be replace by indigenous people of Assam. In this situation the committee recommended the word Assamese people to be substituted by people of Assam of clause 6 of Assam Accord.

Reservations

The committee recommended that 67% of legislative assembly and parliamentary constituencies of Assam will be exclusively reserved for people of Assam as defined by the high-power committee on implementation of clause 6 of Assam Accord. The Assamese people defined here are those who were living in Assam on January 1, 1951 and their descendants. Moreover, 16% seats of Assam assembly and parliamentary constituencies of Assam will be reserved for people from scheduled caste and scheduled tribes of Assam. Thus 83 % constituencies of Assam assembly and parliamentary constituencies of Assam have been recommended for exclusive reservation where Indian constitution disallows reservation exceeding 49%. Likewise, the committee also recommended that in case of employment 100% seats will be reserved for people of Assam or the people who were living in Assam till January 1, 1951 and their descendants.

Land rights

Regarding land rights, the high-power committee recommended that people of Assam will have the exclusive rights on land in Assam. 100% land will be reserved for people of Assam. It means that the people of Assam who are citizen of India till March 24, 1971 as per Assam Accord and non-Muslim people who have entered Assam from Bangladesh, Pakistan and Afganistan till December 31, 2014 are citizen of India as per CAA will have no rights regarding land and legislature in the state of Assam.

Who will be the ‘have-nots’

The people who have entered Assam between January 1, 1951 and March 24, 1971 will able to stay in the state of Assam but they will have no rights regarding land and legislature. These groups of people will have the voting rights but they will have no rights to elected in the state of Assam! They will also not be able to enjoy the benefits of reservation in employment and education. It will not only violate the Constitution of India but it will also be an overall violation of all laws as set by various international bodies. It is simply a divide and rule policy of BJP government in Assam.     

Challenges to implementation of the recommendations of high-power committee

The recommendations of high-power committee on clause 6 of Assam Accord will create certain problems in the upcoming days in Assam. Firstly, the list of the people of Assam who were living on January 1, 1951 is not available. It is said that this will be ascertained from the NRC, 1951. But as per government records there are almost 13 districts of Assam where NRC, 1951 is not available or partially available. The government of Assam submitted a list on the availability of NRC, 1951 where it said in Assam Assembly that, there are 1,365 villages in the state of Assam, where NRC, 1951 is completely unavailable. In this context, to define the people of Assam as per recommendation of high-power committee will be tough.

Tussle begins

Prime Minister Narendra Modi while taking part in a huge rally at Kokrajhar in Assam on 6th February, 2020, had said that whatever the recommendations appears from the high-power committee on clause 6 of Assam Accord, the government of India will implement it without any changes. It was also reiterated by union Home Minister Amit Shah repeatedly including in parliament while he was answering the debate on CAA.

But, the government of India has turned down the high-power committee recommended reconciliation of Eastern Bengal Frontier Regulations 1873 in Assam. As per report, the reconciliation of Eastern Bengal Frontier Regulations 1873 will create a bar on implementation of CAA in Assam.

So, there were at least 4 meetings where joint Home Secretary, Government of India, Satyendra Garg, who is member secretary of the committee, was not present. It was informed to Assam Chief Minister Sarbananda Sanowal, who also spoke to Garg, but had no results. So, the committee submitted its unsigned final report to Satyendra Garg on February 14, 2020, and send a letter to Union Home Minister Amit Shah to formally submit the report. After repeated communications the committee was not allotted time to meet Amit Shah.

Rather, the union joint Home Secretary, Satyendra Garg advised the committee to change the line “Union Government will take proper steps to reconciliation of Eastern Bengal Frontier Regulations 1873 in Assam” to “Union Government may take proper steps to reconciliation of Eastern Bengal Frontier Regulations 1873 in Assam”. It antagonised all other members of the committee. In this situation the Chairman of the high-power committee submitted its final report to Assam Accord implementation Department on February 19, 2020. The final report was signed by all members other than Satyendra Garg.

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