Open Letter To His Excellency, Governor of Manipur regarding Inner Line Permit System In Manipur
- Part 2 -
Dr. Khomdon Lisam *
ILP Protest demonstrations staged at Imphal on March 17 2015 :: Pix - Shankar Khagembam
On 26 August, 2011, Shri N. Mangi Singh Hon'ble MLA put up a Calling Attention Motion on Inner Line Permit System in Manipur in the Manipur Legislative Assembly and the matter is pending with the State Cabinet since 27 August, 2011 .
On 27 August, 2011, the State Cabinet under leadership of Hon'ble Chief Minister, Manipur had discussed about the need to introduce the Inner Line Permit system in Manipur .
On 12 July, 2012. the Manipur State Cabinet under leadership of our Hon'ble Chief Minister passed a resolution and urge the Government of India (GOI) to extend the Bengal Eastern Frontier Regulation, 1873 (ILP) to Manipur.
On 13 July, 2012, Manipur Legislative Assembly passed a resolution to extend and adopt the Bengal Eastern Frontier Regulation , 1873 (ILP). The resolution was submitted to GOI on 3rd August, 2012. Dr. J. Suresh Babu, Principal Secretary (Home) in his letter no. 1/1(12) /2011-Home dated 3rd August , 2012 has sent a request to the Home Secretary, Ministry of Home Affairs, GOI to extend the provisions of Bengal Eastern Frontier Regulation -1873 to the state of Manipur.
Dangers of the Present Bill
The present Bill namely "The Manipur Regulation of Visitors , Tenants and Migrant Workers Bill-1915" is born as a severely handicapped child with congenital heart disease
1. The Title of the present Bill "The Manipur Regulation of Visitors , Tenants and Migrant Workers Bill" is not acceptable to the people of Manipur. The title shows that the Bill is meant to protect the migrant workers and not to protect the indigenous people of Manipur. We need not worry about the migrant workers as there is already an act called "the Interstate Migrant Workmen Act-1979. The present title of the Bill is dull, not appealing, misleading and does not reflect the main objectives of the Bill. The suggested title of the Bill was " Protection of the Indigenous people of Manipur Bill-2015 ".
This title is appealing, attractive, reflects the main objectives of the Bill and will be able to attract the attention of the Government of India. The second option may be the "Manipur Inner Line Permit Bill -2015" . The third option may be Manipur Migrants Regulation Bill- 2015.
2.The objects and reasons of the present Bill ? The stated objects and reasons of the present Bill is "to maintain tranquillity and public order in the interest of general public and visitors by registering the visitors , tenants and migrant workers". This is strongly against the wishes of the people.
The Joint Committee of Inner Line Permit System, (JCILP) and the people of Manipur are very clear about the objectives of the Bill. The main objectives of the Bill may be (1) to protect the identity, culture, lands, language, script, business, employment, mineral resources of the indigenous people and permanent residents of Manipur (2) to regulate the entry , employment and settlement of migrants to Manipur.
3. The definitions of "Permanent Resident" of the present Bill ? The definition given in the Bill is : "Permanent Resident means a person who is ordinarily a resident of state of Manipur". This is really very dangerous. The JCILPS and the people of Manipur feel that this definition will give a blanket right to every migrant worker to buy land and settle in Manipur.
It not against the general interest of the indigenous /native people of Manipur . Once His Excellency, the Governor of Manipur gives assent to this bill, it will be very difficult to amend the Bill. Once this right is given with the assent of the Governor, any amendment will amount to forfeiture of this right with complicated legal consequences. We insist that the definition of the "Permanent Resident means a person born or settled in Manipur prior to 18 November, 1950 " (day on which the permit system was abolished by the then Chief Commissioner, Himmat Singh )
4. No provision for protection of ancestral land of indigenous people . At present any outside migrant worker can purchase land in the valley areas of Manipur . The Bill has no provision on ban of purchase of land or taking the land on long-term lease by migrant workers.
The legal experts have recommended for insertion of this clause on ban of purchase of land by migrant workers but the Drafting Committee have ignored the recommendation of legal experts and they have deliberately omitted protection of ancestral land of indigenous people, which is against the general interest of the indigenous/native people of Manipur.
5. No Punishment Clauses in the Bill ? Citing Article 35 (a)(ii) of Indian Constitution, some members of the All Political Parties on Inner Line Permit formed by the Manipur State Government were hesitant to pass a law with punishment clauses . Probably, they forgot the 7th Schedule List 2 (State List Entry 64 –Offences against Laws of the Indian Constitution under which the state is empowered to enact
laws connected with offences ?
Further , Karnataka State Assembly had passed an Act namely the Karnataka scheduled castes and scheduled tribes (Prohibition of transfer of certain lands) act, 1978 wherein a conviction and punishment with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both was prescribed. If Karnataka Government can do it , why not
Manipur State Legislative Assembly do it.
6. No provision of deletion of the names of the migrant workers who entered Manipur after 18 November, 1950 (date on which Himmat Singh abolished the Permit System ) from the electoral rolls.
7. No provision on Ban on employment in Government sector of Outsiders, who entered Manipur after 18 November, 1950.
8. No provision on Ban on joining competitive examinations in professional courses for children of Outsiders, who entered Manipur after 18 November, 1950.
The people of Manipur will not compromise with any Bill without the above mentioned eight points. The people of Manipur is now pressurising the Manipur State Government either to adopt the Bengal Eastern Frontier Regulation-1873 or to amend the present Bill on the lines suggested above. Hopefully , the Manipur Government headed by Shri O. Ibobi Singh, Hon'ble Chief Minister with absolute majority will do everything possible to fulfil the wishes of the people.
May I therefore humbly request you to consider returning the said Bill to the Manipur State Legislative Assembly for further examination and discussion before giving assent to the Bill.
Thanking you with warm regards,
Dr, Khomdon Lisam
Southern Palace Compound , Imphal
[email protected]
Concluded...
* Dr. Khomdon Lisam wrote this article for e-pao.net
The writer is MBBS, MHA(AIIMS), HSMC( London), MA(LEEDS,UK), CCEA( Chula, Bangkok), PDCE( UCLA/USA)
Ex- Medical Superintendent/JNIMS ; Ex –Consultant , NACO ; Ex-Project Director /MACS
The writer can be contacted at khomdon(doT)lisam(at)yahoo(dot)com
This article was posted on April 15, 2015.
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