Assam Accord (1985) – Assam Polity Notes for APSC, UPSC and State exams
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Assam Accord (1985)
The Assam Accord was a Memorandum of Settlement signed between representatives of the Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985, the presence of the then Prime Minister Rajiv Gandhi, which ended the Assam Agitation.
A Six year agitation started in 1979, led by the All Assam Students’ Union (AASU), the protestors demanded the identification and deportation of all illegal foreigners – predominantly Bangladeshi immigrants. They feared the past and continuing large scale migration was overwhelming the native population, impacting their political rights, culture, language and land rights. The Assam Movement caused the estimated death of over 855 people. The movement ended with the signing of the Assam Accord.
The leaders of the Assam Movement agreed to accept all migrants who had entered into Assam prior to January 1 1966. The Government of India acknowledged the political, social, cultural and economic concerns of the Assamese people and agreed to revise the electoral database. Further, the government agreed to identify and deport any and all refugees and migrants after March 25 1971.
The Government also agreed to open an oil refinery, reopen paper mills and establish educational institutions in the state.
The accord brought an end to the Assam Movement and paved the way for the leaders of the agitation to form a political party and form a government in the state of Assam soon after. Though the accord brought an end to the agitation, some of the key clauses are yet to be implemented, which kept some of the issues festering. The task of identifying foreigners became politically difficult, affected vote banks, and attracted accusations of religious or ethnic discrimination.
In 1997, the state government completed a study and marked numerous names in its voter list with “d” meaning “disputed citizenship”, with plans to block them from voting. The High Court of the state ascertained that the “d” is based on suspicion, not documentary evidence.
Important Clauses of the Assam Accord
Clause 5: Foreigners Issue
- For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.
- 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.
- Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24th March 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.
- 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.
- For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.
- 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.
- All persons who were expelled, earlier, but have since re-entered illegally into Assam, shall be expelled.
- 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.
- 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 6: Constitutional, Legislative & Administrative safeguards
- 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.
Clause 7: Economic Development
- 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 8: Citizenship certificates
- The Government will arrange for the issue of citizenship certificates in future only by the authorities of the Central Government.
- Specific complaints that may be made by the AASU/AAGSP about irregular issuance of Indian Citizenship Certificates (ICC) will be looked into.
Clause 9: Security of International Border
- The international border shall be made secured 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 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 arrangements 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 crass the international border.
Clause 10: Prevention of Encroachment of Government lands
- 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 will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.
Clause 12: Registration of births and deaths
- It will be ensured that Birth and Death Registers are duly maintained.
Clause 13: Agitation to be called-off
- The All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) call off the agitation assure full co-operation and dedicate themselves towards the development of the country.
Clause 14: Other points
The Central and the State Government have agreed to:
(a) Review with sympathy and withdraw cases of disciplinary action taken against employees in the context of the agitation and to ensure that there is no victimization;
(b) Frame a scheme for ex-gratia payment to next of kin of those who killed in the course of the agitation;
(c) Give sympathetic consideration to proposal for relaxation of upper age limit for employment in public services in Assam, having regard to exceptional situation that prevailed in holding of academic and competitive examinations, etc. in the context of agitation in Assam;
(d) Undertake review of detention cases, if any, as well as cases against persons charged with criminal offences in connection with the agitation, except those charged with commission of heinous offences;
(e) Consider withdrawal of the prohibitory orders/ notifications in force, if any.
Clause 15: Implementing Agency
- The Ministry of Home Affairs will be the nodal Ministry for the implementation of the above.
