What to do if the Governor refers the New Bill on ILP to the President of India
- Part 1 -

Dr Khomdon Singh Lisam *

Sit-In and Rally to protest Killing of Student by Police firing and pro-ILPS on July 20 2015 :: Pix - Shankar Khangembam

On 9 July, 2015, our Hon'ble Chief Minister, Shri Okram Ibobi Singh declared that the State Governor has not given his assent to the Manipur Regulation of Visitors, Tenants & Migrant Workers Bill, 2015, which was passed during the 10th session of the 10th Manipur Legislative Assembly. According to the Chief Minister, "the Bill was extensively recommended following a detailed discussion for more than five months." The Bill was also rejected by the people of Manipur, which leads to a series of public agitation under the banner of JCILPS.

The unfortunate part is that the death of Sapam Robinhood Singh (16), S/O S. Romesh Singh of Keisamthong Thangjam Leirak, Imphal. a student from the Anand Singh Higher Secondary School on 8 July, 2015 has added fuel to the fire. The State Government has not ordered even a judicial enquire to do justice to the bereaved family and to calm down the agitation. Probably the JCILPS and JAC may like to take up this issue. It is reported that the Manipur Police has filed an FIR against the deceased Sapam Robinhood instead of treating him as a victim of police atrocity. There are many things which US Marshals Service or GSG 9 of Germany or Scotland Yard Police of UK can learn from Manipur Police. Next year, they may be eligible of the President Medal

The Manipur Regulation of Visitors, Tenants & Migrant Workers Bill, 2015 has been reserved for consultation with the President of India

The Chief Minister, after a long silence disclosed that the State Government has submitted the Bill to His Excellency, the Governor of Manipur on 20 March, 2015 for giving Assent. On 23 June, 2015, His Excellency, the Governor of Manipur informed the State Government that the Bill has been reserved for consultation with the President of India under Article 201 of the Indian Constitution. These procedural failures shows lack of transparency and lack of seriousness and lack of leadership on the part of the State Government.

On 15 July, 2015, the Manipur State Assembly withdraw the Manipur Regulation of Visitors, Tenants & Migrant Workers Bill, 2015

On 12 July, 2015, the Congress Legislators Party decided to withdraw the Manipur Regulation of Visitors, Tenants and migrant Workers Bill, 2015 as passed in the Manipur Legislative Assembly on 16 March 2015. The decision to withdraw the Bill has come after intense public agitation, open defiance of the curfew for more than five days and mounting public pressure to withdraw the Bill. On 15 July, 2015, the Manipur State Assembly withdraw the Bill. The Hon'ble Chief Minister expressed his intension to constitute a committee comprising of members from the Joint Committee On Inner Line Permit System (JCILPS) to replace the controversial bill.

The earlier six recommendations of the Political Parties and the comments of the legal experts over a period of five months were rendered useless by the State Government due to poor leadership and lack of seriousness on the part of the State Government.

Who drafted the Manipur Regulation of Visitors, Tenants and Migrant Workers Bill, 2015 (MRVTMW).

Shri Laisom Ibomcha Singh, Hon'ble MLA stated in the Manipur Legislative Assembly that three officials are responsible for drafting of the Manipur Regulation of Visitors, Tenants and Migrant Workers Bill, 2015 (MRVTMW). He did not mention the names of the officials. If the statement is true, then the three officials are responsible for creating civil unrest and anarchy in Manipur and they should be given forced retirement for misleading and acting against the interest of the people of Manipur and misguiding the Manipur State Government.

How and why did the Manipur State Government gave power and authority to the migrant workers for drafting a Bill to control migrant workers in Manipur. Is it not funny.. Recently our Hon'ble Chief Minister has given forced leave to the Director of JNIMS for committing a lesser crime. The crimes committed by these three officials as mentioned by shri Ibomcha Singh, Hon'ble MLA. Is 100 times more severe than what the Director of JNIMS has committed.

I hope the Hon'ble Chief Minister may do something serious to protect the prestige and image of the Manipur State Government. Our spineless, deaf and dumb MLAs are maintaining a deafening silence at this critical juncture. They are not interested in public issues. They are more interested in distributing old age pensions to poor senior citizens under video coverage violating the privacy, human dignity and human rights of the poor helpless senior citizens. Probably the JCILPS may like to take up this issue.

Earlier Assurances of the Government of Manipur

On 22 July, 1980, the All Manipur Students Union (AMSU) and All Manipur Students Co-ordinating Committee (AMSCOC) signed an agreement with the Government of Manipur to initiate identification, detection of foreigners from 1st August, 1980 of all outsiders and send them back home. On 9 November, 1994, a second such agreement as signed by the AMSU with the Government of Manipur. There have a series of protests and movement for introduction of Inner Line Permit system in Manipur. The response of the state government is quite encouraging. The matter has been under active consideration of the State Government. But till date nothing significant has been done during 1980-2015. This is the proof of efficiency of the State Government.

Earlier Attempts of Manipur Government

1. On 12 July, 2012, the State Cabinet under the leadership of the Chief Minister has passed a CABINET RESOLUTION to urge the Government of India to extend the provisions of the Bengal Eastern Frontier Regulations, 1873 to the State of Manipur.

2. On 13 July, 2012, in consonance with the public demand for implementation of Inner Line Permit system to regulate inflow of outsiders, the Manipur State Assembly had unanimously passed a resolution to put pressure on the Government of India to extend and adopt the Bengal Eastern Frontier Regulation- 1873 with necessary changes in the point of details to the state of Manipur.

3. 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 simple one page request letter to the Home Secretary, Ministry of Home Affairs, Government of India to extend the provisions of Bengal Eastern Frontier Regulation 1873 (BEFR) to the state of Manipur. But there is no evidence of enclosing any background material and justification in his letter for demanding implementation of BEFR-1873.

4. On 5th August, 2012 as a reply to the Ministry of Home Affaires Mr. Geoffrey, Joint Secretary –Home, Government of Manipur mentioned in his letter no. 1/1(12)/2011 –Home (PMR-19) dated that "the state did not have ILP system in the past"? Manipur Durbar was having a Pass System from 1901 to 1950. The Government of India has approved retention of the said Permit System in Manipur vide Mr. G.E.D Walker, Advisor to the Governor of Assam letter no. 120/47/C- 26-27 dated 17th January, 1948 and adopted by His Highness, Maharaja of Manipur on 26 February 1948?

Every outside migrant from other states was required to take a Pass for entering the geographical boundaries of Manipur. This is one kind of Inner Line Permit System since the permit was required for entering the geographical boundaries of Manipur. Then how and why Mr. Geoffrey mentioned in his letter that "the state did not have ILP system in the past"? The action of Mr. Geoffrey tantamount to sabotaging the State Government's efforts and hijacking the people's mass movement is a serous crime which needs exemplary disciplinary action.

What are the essential features of the New Bill

In this connection, all the essential features of the New Bill has been described in my previous article entitled "Agenda of the Upcoming Manipur State Assembly regarding a New Bill on ILP" which has been published in prominent English newspapers (14-07-2015), E-pao.net, Manipur Times etc.

The essential features includes
(1) Title of the Bill
(2) Objectives and Reasons of the Bill
(3) Appropriate definition of Permanent Resident with cut off date of 18 November 1950 (date on which Himmat Singh abolished the Permit System)
(4) Compulsory Registration of outside Migrant Workers on payment of prescribed fees with exemption clauses.
(5) Penalty and Punishment clauses for delayed registration or non-registration
(6) protection of ancestral land of indigenous people
(7) Provision for deletion of the names of the migrant workers who entered Manipur after 18 November, 1950 and their descendants from the electoral rolls of Manipur
(8) Provision on Ban on employment in Government sector of Outsiders, who entered Manipur after 18 November, 1950 and their descendants.
(9) Provision on Ban on joining competitive examinations in higher educational, Technical educational and professional courses for children of Outsiders, who entered Manipur after 18 November, 1950 and their descendants.

If these provisions are not included in the New Bill, it will be incomplete and the indigenous people of Manipur will continue to suffer. Luckily, our Hon'le Chief Minister ha expressed his desire to include all the features to satisfy the will of the people.

Proposal of the President, BJP, Manipur

Not a single political party should try to take credit for having passed a bill with all essential features fulfilling the wishes of the people. The state government should work with complete transparency in collaboration with other political parties.based on mutual trust. Shri Th. Chaoba Singh, President BJP should be given an important role considering the role, the BJP can play in getting the approval of the Central Government and assent of the president.

His suggestions
(1) for constituting a drafting committee comprising of Legal Experts, political representatives, civil society representatives, experts, academicians, JCILPS representatives etc
(2) holding a State Seminar for 4-5 days where legal experts, civil society representatives, prominent citizens, academicians, women representatives, JCILPS are very appropriate and should be carried out without further delay Shri Th. Chaoba Singh, President BJP may be given the president ship of the drafting committee. The Drafting Committee may invite suggestions in writing from the people within a limited time. If he is given president ship of the drafting committee, it becomes his responsibility to translate it into action.

Engaging a recognized constitutional experts in India will ensure validity, authenticity of the draft and enhance acceptability of the Bill by the Government of India.

The State Government may seriously consider engaging a recognized constitutional experts in India like Ram Jethmalani, Harish Salve, Dr. Subhash C. Kashyap, Madhav Khosla etc to guide the drafting committee. The Government of India will respect and take seriously the views of these Constitutional experts. This simple step will enhance authenticity of the draft and the acceptability of the Bill by the Government of India. The report of the Drafting committee should bear the signature and seal of the recognised Constitutional Expert as a Consultant.

Holding a PUBLIC HEARING will ensure mass participation while preparing the draft bill

One of the Civil Societies (UCM, AMUCO) may be given the responsibility of organising a public hearing in collaboration with other prominent civil societies for 2-3 days by making open invitation of about 2000-3000 people at BOAT to solicit the views of the common people and submission of report to the President of the Drafting Committee.

To be continued ...