Assam Accord

The Supreme Court has recently asked the Union Government to clarify whether a new executive order allowing the entry of persecuted minorities into India violates the 1971 cut-off date prescribed under the Assam Accord.

About the Assam Accord

The Assam Accord was signed on 15 August 1985 between the Union of India, the Government of Assam, the All Assam Students’ Union (AASU), and the All Assam Gana Sangram Parishad.
The Accord marked the end of the six-year-long Assam Movement (1979–1985), which was launched to detect and expel illegal immigrants from the state.
The primary objective of the Accord was to identify and deport immigrants who entered Assam after 24 March 1971.

Cut-off Dates under the Assam Accord

The Accord fixed 1 January 1966 as the first cut-off date for the detection and deletion of foreigners from electoral rolls.
All persons who entered Assam from the “specified territory” before 1 January 1966 were to be granted Indian citizenship.

Persons who entered Assam between 1 January 1966 and 24 March 1971 (midnight) were to be detected under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1939.
Such persons would not be deported, but their names would be deleted from electoral rolls, and they would be required to register as foreigners under the Registration of Foreigners laws.
These individuals would regain voting rights only after ten years from the date of detection as foreigners.

Treatment of Post-1971 Immigrants

All foreigners who entered Assam on or after 25 March 1971 were to be detected, deleted from electoral rolls, and expelled in accordance with the law.
This date aligns with the outbreak of the Bangladesh Liberation War, which resulted in large-scale migration into Assam.

Clause 6 of the Assam Accord

Clause 6 of the Accord promises constitutional, legislative, and administrative safeguards for the Assamese people.
Its objective is to protect, preserve, and promote the cultural, social, and linguistic identity and heritage of Assam.
This clause seeks to address long-standing concerns about demographic changes and cultural dilution caused by migration.

Significance of the Current Debate

The Supreme Court’s query highlights the tension between humanitarian considerations for persecuted minorities and the legal sanctity of the Assam Accord.
Any dilution of the 1971 cut-off date is seen by many stakeholders as a potential threat to Assam’s demographic balance and federal commitments.

Biplab Sarma Committee Report

Background

In July 2019, the Union Ministry of Home Affairs constituted a 14-member committee to suggest measures for implementing Clause 6 of the Assam Accord.
The committee was chaired by Justice (Retd.) Biplab Kumar Sarma, former Judge of the Assam High Court.
Its members included judges, retired bureaucrats, writers, journalists, and representatives of the All Assam Students’ Union (AASU).
The committee submitted its report in February 2020.

Definition of “Assamese People”

The committee recommended a broad and inclusive definition of “Assamese people,” which includes:
Indigenous tribal communities of Assam,
Other indigenous communities of the state,
Indian citizens who were residing in Assam on or before 1 January 1951, and their descendants, and
Indigenous Assamese people.

This definition was aimed at ensuring clarity in identifying beneficiaries of safeguards under Clause 6.

Major Recommendations of the Committee

The report made 52 recommendations, primarily focusing on language, land, and cultural protection.

Key Recommendations

Land-Related Safeguards

The committee recommended the creation of Revenue Circles where only Assamese people would be allowed to own and transfer land.
It also proposed a three-year special programme to grant land titles to people occupying land without proper documentation.
A special survey of char areas (riverine islands along the Brahmaputra) was suggested, with priority in land allotment to erosion-affected families.

Language-Related Measures

The report recommended setting up an Autonomous Language and Literature Academy or Council to preserve and promote Assam’s indigenous languages.
It also proposed making Assamese a compulsory subject up to Class VIII or Class X in all English-medium schools affiliated to the State Board and CBSE.

Cultural Heritage Protection

The committee recommended establishing an autonomous authority for the development of sattras (neo-Vaishnavite monasteries), supported by financial assistance.
It also proposed the creation of multipurpose cultural complexes in every district to promote and preserve the cultural heritage of Assam’s diverse ethnic communities.

Role of Autonomous Councils

The implementation of the 52 recommendations was left to the Sixth Schedule Autonomous Councils in Assam, including:
Bodoland Territorial Council,
North Cachar Hills Autonomous Council, and
Karbi Anglong Autonomous Council.

The Barak Valley, which is primarily Bengali-speaking, and all Sixth Schedule areas were exempted from the application of these recommendations.

Political and Administrative Safeguards

The committee recommended reservations for Assamese people in:
Parliament,
Assam Legislative Assembly,
Local self-government institutions, and
Government jobs.

Recommendations Left Out by the State Government

Some of the most sensitive recommendations of the committee were not included in the 52 points released by the Assam government. These excluded proposals include:
The introduction of an Inner Line Permit (ILP) system in Assam, similar to those in Nagaland, Arunachal Pradesh, Manipur, and Mizoram.
Explicit reservations for Assamese people.
The creation of an Upper House (Legislative Council of Assam), fully reserved for Assamese people.