What our Hon'ble Chief Minister may do now in connection with the Inner Line Permit System in Manipur
- Part 1 -

Dr. Khomdon Lisam *

Women folks of Khwairamband Keithel protest ILP on March 17 2015 :: Pix - Shankar Khangembam

Our Hon'ble Chief Minister says –"there is nothing to worry, the Bill can be amended later on". But once you have given the right to the outside migrant workers to buy lands and settle in Manipur under this Bill/Act, any future amendment will amount to violation of this right with adverse legal consequences. The best option which will satisfy all sections of the people for the Hon'ble Chief Minister of Manipur is to calm down the present agitation is to announce immediate withdrawal of the present bill entitled " the Manipur Regulation of Visitors, Tenants and Migrant Workers Bill -2015" passed by the Manipur Legislative Assembly. The People have felt that the State Government has befooled them, betrayed them and cheated them.

People have been waiting with flowers and garlands to welcome our new bill. Instead the government has responded with bricks and stones. One thing is very clear that this Bill is ANTI-PEOPLE BILL. The withdrawal of the Bill as quickly as possible will avert many unwanted violence and will give us some space and time for rethinking. The failure to withdraw the present Bill will lead to a series of agitations including dharna, bandhs, strikes, non-cooperation movement, civil disobedience movement etc.

The Manipur State Government also will start a series of repressive measures to control the situation leading to unrest and violence. For the people of Manipur, this matter is a matter of "do or die " situation and will never surrender. The people will not sleep, will not rest till the goal is achieved. This situation is the making of our own state government. This is happening due to inept handling, indecisiveness, lack of legal knowledge and expertise and incompetency of the so called ministers, MLAs, officials of the State Government connected with this Bill.

Earlier Attempts by the Manipur State Government

The Manipur State Cabinet under leadership of our Hon'ble Chief Minister passed a resolution on 12 July, 2012 and urge the Government of India (GOI) to extend the Bengal Eastern Frontier Regulation, 1873 (ILP) to Manipur. The Manipur Legislative Assembly passed a resolution on 13 July, 2012 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. It appears that he has not given the background document and justification for extension of the said regulation to Manipur and it was not followed up.

Many newspaper reported that Mr. Sushil Kumar Sinde, the then Union Home Minister has termed the ILP as "unconstitutional". No political leader in Manipur has got the guts and courage to question Mr. Sushil Kumar Sinde. How can Mr. Sinde say that a regulation which is in force in Arunachal, Nagaland, Mizoram be termed as unconstitutional. This indifferent attitude of Government of India (GOI) has threatened the Manipur State Government on two counts (1) The Government of India may term any Bill connected with protection of Indigenous people of Manipur as unconstitutional (2) The Supreme Court or the High Court may strike down any Act passed by the Manipur State Legislative Assembly for protection of Indigenous people of Manipur, if considered unconstitutional.

That is why the Manipur State Government invited all political parties in Manipur to participate in the discussion. They also called comments and suggestions from Legal Experts in Manipur. I think, the state Government has not given any terms of reference to the political parties or to the legal experts. Surprisingly, most of the Political Party Leaders are silent even after the "Wrong Bill" is passed. We have wasted five months unnecessarily while taking views of the political parties without any tangible result.

Dangers of the present Bill

It is dangerous to be right when the government is wrong. The Bill namely "The Manipur Regulation of Visitors, Tenants and Migrant Workers Bill -2015 : is very dangerous in its present form. You can visualise the dangers from the following points:-

1. No Background is given. The present Bill does not give any background justification for the proposed Bill. Hence, it is incomplete. It is liable to be rejected by the Government of India, the supreme Court or High Court.

2. Title of the Bill : The title of the Bill is "The Manipur Regulation of Visitors, Tenants and Migrant Workers Bill -2015". This is very in-appropriate and misleading. It is meant for protection of outside migrants. It has nothing to do with protection of indigenous people. It has no relevance to the demands of the people. It is therefore highly objectionable.

3. Statement of Objects and reasons

The stated objectives of the Bill is "to maintain tranquillity and public order in the interest of general public and visitors by registering the visitors, tenants and migrant workers ". The Statement of Objects and reasons of the Bill clearly shows that the Bill is meant to protect the outside migrants not to protect the indigenous people of Manipur and therefore highly objectionable.

2. Definition of " Permanent Residents"

The Bill defines " Permanent Residents" as " any ordinary resident of Manipur" . This definitions gives a blanket approval to the outside migrants the right to buy lands, right to settle anywhere in Manipur. Once this right is given, any future amendment will amount to forfeiture of this right, which will have adverse legal consequences. It is therefore not in the greater interest of the people of Manipur and therefore highly objectionable.

4. No mention about protection of land

The Bill does not mention about the protection of land and mineral resources of the indigenous people. But from the definition of "Permanent Residents", it is clear that any migrant worker arriving to Manipur only two days back can also purchase land . This is highly objectionable. The legal experts are of the opinion that ban on purchase of land can be inserted. But the Manipur State Government ignored the legal advice.

5. No Base year or cut off date

The Bill in its present form will be effective from the date of notification in the official gazette. That means , the migrant worker as soon as he arrives in Manipur will become permanent resident. He can buy land, he can be registered in the electoral roll, he can marry a local girl, he can establish his business , he can get domicile certificate, he can apply for jobs, he can get BPL card, Adhar card , ration cards etc. He will have the same rights as the Permanent Resident. This is highly objectionable.

6. No mention about the Punishment Clause

The legal experts have pointed out that without punishment clauses like detention , the law will not be effective . It will be like paper tiger . At the same time, they have also pointed out that under Article 35 (a) ( ii) . the state can not enact a law having punishment clauses. They have not mentioned about 7th Schedule List 2 (State List Entry 64 –Offences against Laws under which the state is empowered to enact laws connected with offences. The State Government shall need to examine critically whether a punishment clause of three months detention can be inserted for violators of this Act to make the Bill/Act more effective ?

7. No mention about deletion of names of migrants workers entering Manipur after 18 November, 1950 from the electoral rolls.

8. No mention about invalidation and cancellation of Sale Deeds , Pattas (Jamabandi) of migrant workers who purchased land in Manipur after 18 November, 1950.

I would like to appeal to our Hon'ble Chief Minister to consider the following points:-

1. Withdrawal of the Bill; This will calm down the present agitation and will enable us to draft a better and more appropriate, effective law calmly and peacefully by taking opinions from the people even by holding public hearing .

2. Adoption of the Bengal Eastern Frontier Regulation, 1873 (ILP). This Act although enacted during the time of Governor General Lord Northbrook is not yet repealed and in force in Arunachal Pradesh, Nagaland, Mizoram . Recently, the Mizoram Government has adopted it on 8 September, 2006 without any problem. The Constitution of India says that any Law in force immediately before the commencement of the Indian Constitution shall continue in force until altered or repealed or amended by Parliament. Further any state in India can adopt a law which is in force in other states (article 372 of Indian Constitution ?). I think, this is the safest , most reasonable option and will satisfy the JCILPS and the people.

2. If the Hon'ble CM decides to amend the present Bill, you may kindly consider incorporating the following essential features :-

2.1 Background of the Bill - In 1901, the Manipur Durbar devised a very effective system of controlling the entry of Non-Manipuris called the Permit or Passport system when the population of Manipur was only 284,465( 1901 Census) . Indians coming from other parts of India were called foreigners in the terminology of Manipur Administration during those days. This Permit system was brought under the Foreigners Department on 1 November, 1931. This permit system was approved and extended by the Government of India on 26 February, 1948 .

Unfortunately , this permit system was abolished by Mr. Himmat Singh, the then Chief Commissioner of Manipur on 18 November, 1950 without the approval of the Government of India and against the wishes of the people.

Abolition of the said permit system has led to many undesirable consequences like
(1) demographic imbalance – the population of migrants is more than the population of indigenous tribal people
(2) threat to identity , land, language, culture, script, mineral resources of indigenous people of Manipur
(3) threat to the employment opportunities of indigenous people. (4) threat to law and order, public security and safety
(5) threat to survival of local labourers due to controlled and unchecked influx
(6) threat to reservation quota for scheduled Tribes and Scheduled Castes. Hence the Bill etc.

to be continued ...