Illegal migrants from neighbourning country to Manipur is external aggression

A Romen Kumar Singh *

Indo-Myanmar border near Moreh (border pillar #79 and #81 covering a distance of 10 Kms) in July 2013 :: Pix - Somerendro Sorokhaibam

A PROPHET is without honour in his own country. Substitute "CITIZEN" for "PROPHET" and you will get the gist of the various writ petitions filed under Article 32 of the Constitution of India assailing section 6-A of the citizenship Act: Justice RF Nariman

Manipur State has a total area of 22,327 sq.km of which only 2237 sq.km i.e. about 10% is valley. The State has a long porous International border of 367.5 km. with Myanmar. Unlike on the Indo-Pakistan border, there is no border road along it. Nor is the border fenced.

Taking the advantage of porous International border, large scale illegal migrants from Myanmar and Bangladesh has posed serious threat to the indigenous people of Manipur. The dangerous consequences of large scale illegal migration from Bangladesh and Myanmar, both for the people of Manipur and more for the Nation as a whole, need to be empathically stressed. No misconceived and mistaken notions of secularism should be allowed to come in the way of doing so. As a result of population movement from Myanmar and Bangladesh, the spectre looms large of the indigenous people of Manipur being reduced to a minority in their home State. Their cultural survival will be in jeopardy, as is happening in Jiribam, their political control will be weakened and their employment opportunities will be undermined.

The silent and invidious demographic invasion of Manipur may result in the loss of the geo-graphically vital districts, Chandel, Ukhrul, Churachandpur and Jiribam, Sub-Division. The influx of illegal migrants is turning the Sub-Division Jiribam into an illegal migrants majority region. It will then only be a matter of time when a demand for their merger with Bangladesh may be made. The rapid growth of International Islamic Fundamentalism may provide the driving force for this demand. In this context, it is pertinent that Bangladesh has long discarded secularism and has chosen to become an Islamic State. Loss of Jiribam Sub-Division of Manipur will sever the entire land mass of the North-East, from the rest of India and the rich natural resources of that region will be lost to the Nation.

Illegal migrants from neighbouring country amounts to an aggression of a worst order

The Supreme Court by a bench of 3 Judges in Sarabananda Sonowal v. Union of India (2005) 5 SCC 665 at paras.55, 56 and 60 held as: "The word "AGGRESSION" is an all-comprehensive word having very wide meaning having complex dimensions. Its meaning cannot be explained by a straitjacket formula but will depend on the fact situation of every case and its impact. For Example, there could be a unique type of bloodless aggression from a vast and incessant flow of millions of human beings forced to flee into another State.

If this invasion of unarmed men in totally unmanageable proportion were to not only impair the economic and political well-being of the receiving state but to threaten its very existence it would have to be categorized as "AGGRESSION". In such a case, there may not be use of armed force across the frontier since the use of force may be totally confined within one's territorial boundary, but if this results in inundating the neighbouring State by millions of fleeing citizens of the offending State, there would be an aggression of a worst order. Relying on the above judgment the Supreme Court in a recent case as reported in Assam Sanmilta Mahasangha v. Union of India, (2015) 3 SCC 1 held that such an inflex is "EXTERNAL AGGRESSION" within the meaning of Article 355 of the constitution of India.

Foremost duty of the central government to defend the borders of the country

The Supreme Court in Sarbananda Sonowal v. Union of India. (2005) 5 SCC 665 at para.15 held that the foremost duty of the Central Government is to defend the borders of the country, prevent any trespass and make the life of the citizens safe and secure. The Government also has a duty to prevent any internal disturbance and maintain law and order. KAUTILYA in his masterly work "The ARTHA SHASTRA" has said that a king had two responsibilities to his state, one internal and one external, for which he needed an army.

One of the main responsibilities was RAKSHA or PROTECTION of the State from external aggression. The defence of the realm, a constant preoccupation for the king, consisted not only of the physical defence of the kindom but also the prevention of treachery, revolts and rebellion. The physical defensive measures were the frontier posts to prevent the entry of undesirable aliens and forts in various parts of the country.

Directions of the Supreme Court to Union of India and state of Assam to prevent illegal access to the country from Bangladesh:

One organization namely, Assam Sanmilta Mahasangha has filed a writ petition before the Supreme Court under Article 32 of the Constitution of India seeking relief to prevent illegal migrants to Assam from Bangladesh. The Supreme Court in a case as reported in Assam Sanmilta Mahasangha v. Union of India, (2015) 3 SCC 1 has given directions to the Union of India and State of Assam as below:-
Para.41 – we are at a loss to understand why 67 years after Independence the Eastern Border is left porous. We have been reliably informed that the entire western border with Pakistan being 3300 km. long, is not only property fenced but properly manned as well and is not porous at any point.

Page 46 – Para.46
On an overall considerations of the immediate dimensions of the issues and the potential that the same have for the future, we issue the following directions under Article 142 of the Constitution of India.

Border fencing, border roads and provision for flood lights

The union will take all effective steps to complete the fencing (double coiled wire fencing) in such parts/portions of the Indo-Bangladesh border (including the State of Assam) where presently the fencing is yet to be completed. The vigil along the reverie boundaries will be effectively maintained by continuous patrolling. Such part of the international border which has been perceived to be inhospitable on account of the different terrain will be patrolled and monitored at vulnerable points that could provide means of illegal entry.

Motorable roads alongside the international border, wherever incomplete or have not yet been built, will be laid so as to enable effective and intensive patrolling. Flood-lights, wherever required, will also be provided while maintaining the present arrangements. The completed part of the border fencing will be maintained and repaired so as to constitute an effective barrier to cross-border trafficking.

The progress achieved at the end of 3 months from to-day as against the position on the ground mentioned in the affidavit of the Union extracted above will be monitored by this Court and depending on what is revealed upon such monitoring, further directions including a definite time schedule for completion of the works relating to border fencing, border roads and flood lights may be made by this Court.

Thorny issue of Manipur

Taking cue from the approach of Assam before the Supreme Court under Article 32 of the Constitution of India as discussed above, any public spirited organization may approach the Supreme Court under Article 32 of the Constitution of India to give directions to both Union of India and State Government to take effective and appropriate steps to settle the unsettled border areas with neighbouring Country, put up double-coiled border fencing to be effectively manned by the Security Forces (BSF), construct proper border roads for effective and comprehensive patgrolling, provide Flood Light to prevent illegal migrants towards Manipur etc..

It is also further to approach the Supreme Court to monitor the steps to be taken up by the Union of India and State Government as a time-bound programme to defend borders of the Country, prevent any trespass and make life of citizens of the State and Secure. Directions may be sought from the Supreme Court to be given to the Union of India to update the NATIONAL REGISTER OF CITIZENS with respect to Manipur relying only on the details incorporated in the National Register of citizens prepared in 1951.

Further directions may be sought to be given to the Union of India to treat 1951 as the base year for the purpose of detection and deportation of illegal migrants in the State of Manipur and to take effective steps towards ensuring the deportation of illegal migrants from the territory of Manipur.