Why recommend Manipur Regulation of Visitors, Tenants and Migrant Workers Bill-2015 without penal provisions?

Dr. Khomdon Lisam *

Manipur Regulation of Visitors, Tenants and Migrant Workers (MRVT&MW) Bill 2015 which was passed by Manipur Legislative Assembly on March 16 2015

Immediately after passing the Manipur Regulation of Visitors , Tenants and Migrant Workers Bill-2015, the Joint Committee on Inner Line Permit (JCILPS) declared 18 hour Manipur Bandh, burnt the effigies of the political leaders, organised Dharnas and protests in many places bringing disruption and chaos in Manipur and bringing discredit to the Government headed by Chief Minister O Ibobi Singh. Who is responsible for all these blunders?

I am a medical doctor. The passing of Bill or Act is entirely a legal matter. I do not know the pros and cons of the enacting a bill into an Act. Personally I like the legal profession very much. But I studied a lot before I write something. I only want to know why Mr. L. Ibomcha Singh, Hon'ble MLA or any other member of the All Political Parties Committee or Drafting Committee choose to prepare the present bill without penal provisions. I want to know the reasons.

As a citizen of democratic India, I am entitled to enjoy the freedom of speech and freedom of expression and opinion as enshrined under the Indian Constitution. Some of the legal experts have pointed out that any Bill or Act without penal provisions will be just like a paper tiger and will not be effective. The Indian Constitution is the world's longest written constitution with 395 Articles and 8 Schedules. A provision which is not allowed under one Article of Indian Constitution is allowed under another Article. This is the beauty of Indian Constitution.

That is why there are famous recognised Constitutional Experts like Ram Jethmalini, Dr. Subhash C. Kashyap etc. in India. Mr. L. Ibomcha Singh, Hon'ble MLA is right when he pointed out that under Article 35 (a)(ii) of Indian Constitution, the State can not pass a law with punishment clauses. But if we read further, we will find that the state is empowered to enact laws connected with offences under 7th Schedule List 2 (State List Entry 64 –Offences of the Indian Constitution. That is what I interpret.

The Karnataka State Legislative Assembly passed the Karnataka Scheduled Castes and Scheduled tribes (prohibition of transfer of certain lands) Act, 1978 with punishment clauses.
(http://dpal.kar.nic.in/pdf_files/ 2%20of%201979%20(E).pdf).

Under section 8 of the Act, there is a Penalty provision which states that
(1) Whoever acquires any granted land in contravention of the provisions of sub-section
(2) of section 4 shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both.

I personally feel that if the Karnataka State Legislative Assembly can do it, why not Manipur State Legislative Assembly do it.

My request to our Hon'ble Chief Minister and Mr. L. Ibomcha Singh, Hon'ble MLA is that why not we learn from Karnataka State and passed an effective bill with punishment clauses as done by Karnataka state. A good doctor is one who can cure the disease not the one who can aggravate the disease.

I will not go further on punishment clauses. Apart from punishment clauses, there are also equally important four points like:

(1) Title of the present Bill: The present title "The Manipur Regulation of Visitors , Tenants and Migrant Workers Bill" tend to suggest protection of migrant workers and not the indigenous people of Manipur. It is misleading and does not reflect the main objectives of the Bill. It needs to be redrafted. We need not worry about migrant workers. There is already an elaborate Act known as Inter-State Migrant Workmen Act-1979 which will take care of migrant workers in Manipur.

(2) 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 " . The main objectives of the Bill may be (1) to protect the identity, culture, lands, language, script, employment, business and mineral resources of the indigenous people and permanent residents of Manipur (2) to regulate the entry , employment and settlement of migrants to Manipur.

(3) definitions of "Permanent Resident" of the present Bill: The definition given in the Bill is : "Permanent Residents" means "a person who is ordinarily a resident of state of Manipur". This is really very dangerous. I feel that this definition will give a blanket right to every migrant worker to buy land and settle in Manipur. Is 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 can say that Permanent Resident means a person born or settled in Manipur prior to 18 November, 1950 (day on which the permit system was abolished by Chief Commissioner Himmat Singh )

(4) Omission of protection of land of indigenous people of Manipur: The legal experts have recommended for insertion of this clause on ban of purchase of land by migrant workers but probably the drafting Committee had ignored the recommendation of legal experts.

Apart from the above mentioned five points including punishment clauses , I would like to request our Hon'ble Chief Minister, his cabinet colleagues , Mr. L. Ibomcha Singh, Hon'ble MLA and other members of the drafting committee kindly to examine and consider the following points for inclusion in the Bill :-

(1)Correction of population imbalance due to heavy influx of migrant workers to Manipur in the near future particularly after arrival of Railways and implementation of Look East Policy

(2) Deletion of the names of migrant workers who entered Manipur after 18 November, 1950 from electoral rolls

(3) protection of employment of indigenous youths (8) protection of local labour through various means

(4) protection of reservation quota for scheduled Tribes and Scheduled Castes

(5) protection from deprivation of the job opportunities of indigenous population

(6) protection from deprivation of higher educational and Technical educational opportunities like MBBS, BDS, BSc ( Nursing) , BE etc, of indigenous population

(7) protection from deprivation of competitive posts like MCS, MPS and other high ranking posts of indigenous population

(8) protection from the threat to survival of small ethnic tribal groups like Aimol (2643/2001), Chothe (2675/2001), Koirao (1200/2001) , Koireng (1056/2001), , Monsang- 1634/2001) , Moyon ( 1,710/2001), Ralte( 110/2001), Salhte 311/2001) (14)

(9) Ban on migrant workers entering Manipur after 18 November, 1950 from contesting election and become MLA and Ministers.

My honest belief is that since Mr. L. Ibomcha Singh, Hon'ble MLA is a legal expert and a member of the drafting committee who enjoy the confidence of the Hon'ble Chief Minister, he might be instrumental in framing the various definitions of the title of the bill, objects and reasons, permanent resident etc although the approval comes out in the name of the All Political Parties Committee and the Drafting Committee.

Thus he is very much instrumental in passing the present bill in its present form. I do not believe that any MLA can argue with and contradict Mr. L. Ibomcha Singh in legal matters. As in case of Punishment Clauses, he may be responsible for the merits and demerits of the present bill. But I may be mistaken.

What I an suggesting is for the future generations and for the young people of Manipur. The young generations of Manipur will not ask our political leaders in which party you contested election. But the will definitely ask what you have done for Manipur. Let us not commit a monumental blunder by passing such a worthless bill. Otherwise , the future generation will not excuse us.

I therefore humbly request the Hon'ble CM, his cabinet colleagues and Hon'ble MLAs to withdraw the present bill in greater public interest and explore either to adopt the Bengal Eastern Frontier Regulation -1873 or to pass an appropriate Bill covering the above mentioned points in greater interest of the people .