Agenda before the Drafting Committee on ILP, Manipur
- Part 3 -

Dr. Khomdon Lisam *

ILP : Meeyamgi Meefam - Public Convention at Iboyaima Shumang Leela Shanglen on July 23 2015 :: Pix - Shankar Khangembam

2. Expansion of membership of the Drafting Committee

The membership of the present five member committee has been confined to a single political party-Congress. The state Government should not play politics in such a small but sensitive matter . The membership may be expanded to 11-15 including one MLA from each of the opposition parties and also president or secretary of important political parties which has a sizable no. of MPs in the Lok Sabha like BJP, All India Trinamool Congress , CPI. The membership should also include one or two prominent jurists and Legal Experts. This small step will win the confidence and trust of the people.

3. Essential features of the New Bill

The Drafting Committee may consider to include the following essential features –
(1) Preamble –background justifying the proposed Bill

(2) Title –appropriate with the main objects and reasons of the Bill

(3) Objects and Reasons may be (a) to protect the rights , identity, culture, lands, language, script, business, employment, mineral resources of the indigenous people and permanent residents of Manipur (b) to regulate the entry, employment and settlement of outside visitors in Manipur.

(4) Definition of Permanent Resident - Permanent Resident may be defined as any person born or settled in Manipur prior to 1951 or 18 November, 1950, the day on which the permit system was abolished by the then Chief Commissioner, Himmat Singh. The descendants of outside Visitors settled in Manipur prior to 18 November, 1950 or 1951 will be Permanent Residents under this Act.

(5) Compulsory Registration of outside Visitors at all entry points like Mao, Jiribam, Moreh, Jessami etc. , on payment of prescribed fees with exemption clauses for students, employees of the Central government etc. The term compulsory means if the outside Visitor delays or fails to get himself/ herself registered with the authority, he/she will be punished as per provisions of the Act.

(5) Punishment Clauses – the outside visitor who is found delaying or not registering or violating any provisions of the Act may be punished with imprisonment which may range from three months to six months or a fine of Rupees ten thousands or both. In this connection, the Drafting Committee may refer to not only article 35 but also to the Schedule Seven, List-II( State List) entry 64-Offences . The State Legislatures of many other states have passed Bills including punishment clauses . If other states can do, I do not see any reason why we should not do it. I will give examples of only three states -

Andhra Pradesh

The Andhra Pradesh Legislature passed an Act namely "the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982" (Act No. 12 of 1982) and published in Andhra Pradesh Gazette, Part IV-B (E.O.) dated 6th September, 1982. Under section 5 (d), Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing, shall on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which may extend to five thousand rupees. (http://apland.ap.nic.in/cclaweb/scan %20acts /land%20grabbing.html)

Gujarat

The Gujarat Freedom of Religion Act, 2003 (Act 24 of 2003) is an Act to provide for freedom of religion by prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means Under section 5 (3) Whoever fails, without sufficient cause, to comply with the provisions of sub-sections (1) and (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to rupees one thousand or with both. (http://www.emw-d.de/fix/files/indien-religionsgesetz.pdf)

Maharastra

On 13 December 2013, Maharastra State Legislative Assembly passed the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. If found guilty, the offender would be liable to punishment ranging from six months to seven years and a fine between Rs.5,000 and Rs. 50,000.

The Bill, soon to be act has 12 clauses which are punishable offences. All of these offences are non-bailable. Any person who advertises, promotes, propagates or practices human sacrifice and other practices such as evil and aghori practices and black magic will be punished with imprisonment for a term which will be not less than six months and which may extend for a term of seven years and with fine ranging from Rs. 5000- Rs. 50000. (http://en.wikipedia. org/wiki/Anti-Superstition_and_Black_Magic_Act)

(6) Ban on purchase of Land by outside visitors – The permanent Residents will be allowed to purchase lands and settled in Manipur. However, any outside visitors entering the boundaries of Manipur after 18 November, 1950 or 1951 will be allowed to purchase lands only with the approval of the State Government.

(7) Deletion of names from the electoral rolls - The names of outside visitors who entered Manipur after 18 November, 1950 or 1951 and their descendants will be deleted from the electoral rolls of Manipur

(8) Ban on employment in Government Jobs - The outside visitor who entered Manipur after 18 November, 1950 or 1951 and their descendants will not be eligible for any employment in Government under this Act. .

(9) Ban on participating in competitive examinations -The outside visitor who entered Manipur after 18 November, 1950 or 1951 and their descendants will not be allowed to participate in any competitive examinations like MCS, MPS and in professional courses like medical, engineering, dental, nursing , veterinary , agriculture

(10) Ban on establishing Business :- The outside visitors who entered Manipur after 18 November, 1950 or 1951 and their descendants will be allowed to establish business only in the name of the indigenous people on terms and conditions mutually agreed among themselves with the approval of the Visitors Registration Authority.

Change of Chairman of the Drafting Committee

The Chairman of the Drafting Committee is Shri Th. Debendra Singh , Hon'ble Minister i/c of Law and Legislative Affaires . He is a very senior Minister . Personally I have great respect for him. His weakness is his too much love and affinity for illegal migrant workers from Bangladesh, Tripura, Assam. He managed to regularise thousands of illegal migrant workers by allowing them to settle in Borobekra, Bhumikpara, Jakuradhor, Dolakhal Muslim, Jatrapur, Sonapur, Lalpani, Islamabad , Ahamadabad, Kashimpur/ Balikjuri, Aglapur, Mulargoaon, Munkhan, Jarolpokpi- east, Kamranga muslim, Rashipur – muslim, Champanagar-muslim, Old names of villages have been changed to new names like Islamabad , Ahamadabad and these new names have come up because of him.

Many people say that the original population of Jiribam has been reduced to minority in Jirbam and therefore he is known as Father of Foreigners, The people has no faith in him. As a chairman, he would not be able to recommend deletion of the names of thousands of migrants entering Manipur after 1951 from the electoral roll of Jiribam. If he can not recommend any positive action for protecting the indigenous people of Manipur, he may not be required in the Drafting Committee.

Shri Th. Debendra Singh is not alone. This is happening in many constituencies in Manipur including Wangkhei, Uripok, Sagolband etc.etc. They are equally to be blamed.. It is therefore very much advisable for him to resign from chairmanship of the Drafting Committee and put it under Sri Gaikhangam , Deputy Chief minister of Manipur.

These simple steps will show the honesty, transparency, sincerity and commitment of the State Govt . and will earn the acceptance and confidence of the people. These measures will help the peoples mass movement to take the movement forward and achieve our goal. The enemy of the people is one who betrayed the interest of the society and the enemy of the state is one who works against the interest of the state.

Concluded...