Agenda of the upcoming Manipur State Assembly regarding a New Bill on ILP

Dr Khomdon Lisam *

Sit-In protest Killing for pro-ILPS on July 12 2015 :: Pix - Shankar Khangembam

At last wisdom prevailed over our Hon'ble Chief Minister , Shri O. Ibobi Singh , his cabinet colleagues and members of the Congress Legislators Party. As per Press Release issued on 12 July, 2015 by Shri N. Ashok Kumar, Secretary to Chief Minister, the State Government has decided to withdraw the Manipur Regulation of Visitors, Tenants and migrant Workers Bill, 2015 as passed in the Manipur Legislative Assembly on 16/03/2015 for which a Special Sitting of the Manipur Legislative Assembly is being convened shortly. The decision has come after intense public agitation, open defiance of the curfew for more than five days and mounting public pressure to withdraw the Bill.

Now advisors of the Chief Minister must have realized that they have committed a gross blunder in spite of many warnings and deliberately misguided the Chief Minister. Five opposition MLAs namely Dr. I. Ibohalbi , K Sarat, Th Shyamkumar, Kh Joykisan, Samuel Risom insisted on referring the Bill to the Select Committee and walked out of the House in protest in the larger public interest. Laisom Ibomcha Singh , opposition MLA did not participate at the Opposition Walk Out as he was a party to the drafting of the controversial Bill. One very important question is why the Congress Ministry withdrew one bill after another during a span of just one year.

Are the ruling MLAs not competent enough to pass non-controversial Bill to fulfill the aspirations of the people. 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)(MRVTMW). Why did the minister and MLAs allow themselves to be superseded by the three officials. This shows the stupidity, ignorance and cowardice of the Ministers and ruling MLAs. Are they not ashamed of making such a statement in the Manipur State Legislative Assembly, which is considered as sacred temple for the people of Manipur. They are not worthy of sitting in the Manipur State Legislative Assembly.

Immediately after passing the Bill, the Joint Committee on Inner Line Permit System (JCILPS) which is spearheading the mass movement in Manipur announced 18 hours bandh, burnt the copies of the new Bill, burnt the effigies of Shri O. Ibobi Singh, Hon'ble Chief Minister and demanded immediate withdrawal of the Bill as it is against the wishes of the people their defiance of the curfew, which stepped into the fifth day, and took to the streets in large numbers.

The unfortunate part is that all the members of the Congress party become wiser only after 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. He was hit by a tear gas shell during a protest and was declared brought dead to Raj Medicity hospital. I was having great respect for our ministers and MLAs. But their actions proved that they are just " Heibong Manungda leiba tin " or "Mithibong Mitambal " as coined by Mr, Babloo , Human Rights Activist or "Sirum Narumba Meitei" as written by Dr, Komol in his poem Lei Pareng in 1931. They appear to be men of straw . They could not feel the pulse of the people and visualize the future. I have written many articles in prominent newspapers of Manipur in connection with the Inner Line Permit System before, during and after the Manipur State Assembly session .

On the next day (17/03/2015 ) I have requested the State Government to withdraw the Bill and His Excellency, the Governor of Manipur not to give assent to the controversial Bill. Now The Chief Minister, after along silence disclosed that the State Government has submitted the Bill to His Excellency, the Governor of Manipur on 19 March, 2015 for giving Assent. On 23 June, 2015, His Excellency, the Governor of Manipur in formed the State Government that the Bill has been reserved for consultation with the President of India. The Manipur State Government has become very dangerous as they work against the wishes of the people.

John W. Whitehead once shouted "Who Will Protect Us from Our Government?" Our people become sleeping sheeps and our government become government of wolves. A patriot should be ready to defend his country from his government. Denis Fonvizin once said " A fool is very dangerous when in power." Once Charles de Gaulle said "I have come to the conclusion that politics is too serious a matter to be left to the politicians." These quotations become very relevant in the context of Manipur these days. The worst part is that they have done it not due to ignorance or lack of knowledge but due to their stupidity , timidity and cowardice without thinking for the future of our young generation of Manipur. This Bill is found quite contrary to what the people want and therefore anti-people.

I do not want to enumerate the series of blunders /mistakes the State Government and the Manipur State Legislative Assembly has committed. Let us now concentrate on how to salvage the situation and pass a new Bill to fulfil the wishes of the people. Let us explore what to do now.

The Hon'ble Chief Minister declared that the Congress Legislators Party has decided to convene a Special Session of the Manipur Legislative Assembly to withdraw the bill. Here my request is that the Upcoming Special Session of the Manipur Legislative Assembly may be convened not only to withdraw the Bill but also to pass the Bill . Any consultation with the Opposition Leaders, Legal Experts , JCILPS may be done while drafting the New Bill before the Special Session of the Manipur Legislative Assembly. The date of the convening the Special Session may be decided after finalising the draft of the New Bill.

Minimum Essential Features of the New Bill

The following minimum features may be considered for inclusion in the New Bill :-

(1) Title of the Bill- 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 Ministers and MLAs should be courageous enough to give a correct and appropriate title. The title may be " 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) Objectives and Reasons of the 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 objectives of the Bill may be as follows (1) to protect the identity , culture, lands, language, script and business of the indigenous people and permanent residents of Manipur (2) to regulate the entry , employment and settlement of outside migrants to Manipur.

(3) Definition of Permanent Resident:- The definition given in the present 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. The correct definition should be "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 ) and their descendants.

(4) Compulsory Registration of outside Migrant Workers on payment of prescribed fees with exemption clauses for students, employees of the Central government etc. The term compulsory means if the outside migrant worker delays or fails to get himself/ herself registered with the authority, he/she will be punished as per provisions of the Act.

(5) Penalty and Punishment clauses for delayed registration or non-registration as provided under the Bengal Eastern Frontier Regulation , 1873. In the present Bill, there is no provision for punishment clauses . Mr. L. Ibomcha Singh, Hon'ble MLA in his article under the caption " An Open Letter to the Deputy CM of Manipur- Another View on the Status of ILP System in Manipur ", which appeared at the Sanagai Express dated 21 April, 2015 wrote " I apprised the Committee of the legislative competency of the State Legislature to enact a new law under article 19 (5) read with article 35 ( Parliament shall have and the Legislature or a State shall not have power to make laws for prescribing punishment for those acts which are declared to be offences under this Part) to impose the restriction on the entry into or exit from the State of Manipur in the interest of the general public or for the protection of the general interest of the Scheduled Tribe but without penal provision. The statement of Mr. L. Ibomcha Singh, Hon'ble MLA is an open declaration that he himself was responsible for passing the bill without punishment clauses. Many legal experts are of the view that any act without punishment clauses is just like a paper tiger.

It appears that the efforts of Mr. L. Ibomcha Singh, Hon'ble MLA, the members of the Drafting Committee and officers of the Law Department was confined to article 19 (5) and article 35 of the Indian Constitution . They have not gone further to examine the seventh Schedule, Article 245 and Article 246 of the Indian Constitution. The Indian Constitution has given immense power to the State Legislature to enact laws regarding 66 items under List-II , State List and another regarding 47 items under List-III , Concurrent List of the of the seventh Schedule of the Indian Constitution. The Legislative power of the State Legislature is further elaborated under Article 245 and 246 of Part XI , Relations between the Union and the States , Chapter 1 , Legislative Relations , Distribution of Legislative Powers of the Indian Constitution. There are many examples where the State Legislative Assemblies of other states has passed State Laws with punishment clauses

5.1 The Karnataka State Legislative Assembly passed the Scheduled Castes and Scheduled Tribes (Prohibition of transfer of certain lands) Act, 1978 (Karnataka Act No. 2 of 1979 ) with punishment clauses of imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both. (http://dpal.kar. nic.in/pdf_files/2%20of%201979%20(E).pdf).

5.2. The Andhra Pradesh State Legislature passed an Act namely "the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982" (Act No. 12 of 1982), which was published in Andhra Pradesh Gazette, Part IV-B (E.O.) dated 6th September, 1982 with punishment clauses of imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which may extend to five thousand rupees".(http://apland.ap.nic.in/ cclaweb/scan20acts /land %20grabbing.html)

5.3. The Gujarat State Legislative Assembly passed an Act entitled the Freedom of Religion Act, 2003 (Act 24 of 2003) on 12 March 2003 to provide for freedom of religion by prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means Under section 5 (3), there is a punishment clause which reads: "Whoever fails, without sufficient cause, to comply with the provisions of sub-sections (1) and (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to rupees one thousand or with both." (http://www.emw-d.de/fix/files/indien-religionsgesetz.pdf).

There are many more examples. I do not want to go further. My plea is that if other state can pass bills with punishment clauses, why not Manipur do it.

(6) protection of ancestral land of indigenous people . At present any outside migrant worker can purchase land in the valley areas of Manipur . The present 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. Complete Ban on purchase of land except with the approval of the state Government should be inserted in the New Bill.

(7) There should be 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 ) and their descendants from the electoral rolls of Manipur .

(8) There should be provision on Ban on employment in Government sector of Outsiders, who entered Manipur after 18 November, 1950 and their descendants.

(9) There should be 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.

I request the Ministers, MLAs , Political Leaders of Manipur kindly to put their heads together and pass a perfect Bill to protect the general interest of the indigenous people of Manipur in the upcoming special session of the Manipur Legislative Assembly being convened shortly .

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 they contested election. But they will definitely ask what you have done for Manipur. They will blame and curse out political leaders for committing blunders after blunders destroying the unity, peace and development Manipur.