What is Clause 6 of Assam Accord, which Himanta govt said will implement?

 

Notably, 15 key recommendations of the Justice Biplab Sarma Committee will not be implemented for the time being. These, CM Himanta said, will require Constitutional amendments. Here's all you need to know about the issue.

After a meeting with representatives of the All Assam Students’ Union (AASU) on Wednesday, Chief Minister Himanta Biswa Sarma set the ball rolling for the implementation of 52 recommendations of the Justice Biplab Sarma Committee regarding Clause 6 of the Assam Accord, as announced by the Assam government earlier this month.

This comes more than four years after the Centre-appointed high-level committee finalised its report in February 2020.

Notably, 15 key recommendations of the committee will not be implemented for the time being. These, the chief minister said, will require Constitutional amendments to be implemented. “We will take up these matters with the Centre at the right forum,” he posted on X on Wednesday.

What is the Biplab Sarma committee report?

The historic Assam Accord was a Memorandum of Settlement between the Rajiv Gandhi-led Union government and the leadership of the Assam Movement, primarily the All Assam Students’ Union (AASU), which was signed in 1985. The accord ended the six-year-long agitation in Assam against the entry of Bangladeshi migrants into the state. Clause 6 of the accord states that “Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.”

In July 2019, the Union Home Ministry constituted a 14-member committee chaired by retired Assam High Court Justice Biplab Kumar Sarma, and comprising judges, retired bureaucrats, writers, AASU leaders and journalists, to suggest ways to implement the clause. Among the key questions before the committee was a definition of “the Assamese people” eligible for the “safeguards” under Clause 6.

The committee finalised its report in February 2020. But instead of it being received by the Union Home Ministry, which had constituted the committee, the report was received by then Assam Chief Minister Sarbananda Sonowal of the BJP. In August 2020, four committee members released the confidential report in the public domain.

Among the key recommendations made by the committee was that the definition of “Assamese people”, for the purpose of implementing Clause 6, should include “Indigenous Tribals”, “Other Indigenous Communities of Assam”, “Indian citizens residing in the territory of Assam on or before January 1, 1951” and their descendants, and “Indigenous Assamese” people. Based on this, the committee made several recommendations for reservations for “Assamese people”, including in Parliament, the state Assembly, local bodies, and jobs.

What recommendations of the report will the Assam government implement?

Chief Minister Sarma said that the state government has accepted 1951 as the “cut-off date” for the specific recommendations of the report. He said, however, that this definition of “Assamese people” is confined to only the context of the report’s recommendations.

Following a meeting with the AASU on Wednesday, he said that the 67 broad recommendations made by the report can be divided into three broad categories: 40 which come under the exclusive domain of the state government, 12 which will require the concurrence of the Centre, and 15 which are in the exclusive domain of the Centre. The 52 recommendations in the first two categories will be implemented by April 2025, for which the state government will submit a roadmap to AASU by October 25 this year.

These 52 recommendations largely deal with safeguards on language, land, and cultural heritage. Some key recommendations include:

Land

* Creating Revenue Circles where only “Assamese people” can own and possess land, and transfer of such land in these areas are limited to them alone;

* Launching a time-bound, three year programme to allot land titles to “Assamese people” who have occupied a certain piece of land for decades, but are without possession of land documents;

* Carrying out a special survey of char areas (riverine regions along the Brahmaputra), and for newly created chars to be treated as government land, in which river erosion-affected people should get priority in allotment;

Language

* Keeping Assamese as the official language throughout the state as per the 1960 Assam Official Language Act “with provisions for use of local languages” in the Barak Valley, Hill districts, and the Bodoland Territorial Autonomous District;

* Making it compulsory for all state government acts, rules, orders, etc. to be issued in Assamese along with English;

* Constituting an Autonomous Language and Literature Academy/Council of Assam to preserve and promote all indigenous languages of Assam;

* Making Assamese a compulsory subject up to class VIII or class X in all English medium schools, both under the state board and CBSE;

Cultural heritage

 Establishing an autonomous authority for the development of sattras (neo-Vaishnavite monasteries), which will, among other things, provide financial assistance to them; and

* Creating multipurpose cultural complexes in each district to “uplift” the cultural heritage of all ethnic groups.

Chief Minister Sarma said that the autonomous councils of Assam’s Sixth Schedule Areas — namely the Bodoland Territorial Council, the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council — will decide whether to implement the 52 recommendations. The Sixth Schedule of the Constitution provides autonomous tribal councils in the states of Assam, Meghalaya, Tripura, and Mizoram certain legislative and judicial autonomy.

Along with the Sixth Schedule areas, Sarma said that the primarily Bengali-speaking Barak Valley will also be exempted from the implementation of these recommendations.

Which recommendations has the Assam government left out?

Some of the most sensitive recommendations by the committee, however, do not find mention in the 52 points listed by the state government. Assam Congress president Bhupen Borah recently referred to these as the “soul” of the committee’s report.

Among them are the introduction of an Inner Line Permit for entry into Assam as is in place in Nagaland, Arunachal Pradesh, Manipur and Mizoram, as well as numerous reservations for “Assamese people”. The latter include 80-100% reservation in Assam’s seats in Parliament, and the same proportion reserved in the state Assembly and local bodies; 80-100% reservation in Assam government jobs; and 70-100% reservations in vacancies arising in undertakings run in partnership between the Assam government and private companies. There was also a recommendation for the creation of an Upper House (the Legislative Council of Assam) which would be completely reserved for the “Assamese people”.

The BJP’s political opponents have questioned where the Centre featured in discussions regarding the implementation of the committee’s recommendations. Former AASU general secretary Lurinjyoti Gogoi, who was a member of the committee, questioned whether the Union Home Ministry even accepted the report.

“The Home Ministry has still not accepted the report… Until it accepts the report, the recommendations do not have any legal or constitutional value… the fundamental points here are those on political representation,” he said. However, Chief Minister Sarma has said that the Assam government will appeal to the Centre to have talks with AASU, and work towards the implementation of the remaining 15 recommendations.

“Our aim is that we should not let those recommendations which are attainable lie by the wayside because of those which are difficult and may take time,” he had said earlier this month.

Written by Sukrita Baruah 

Source: Indian Express, 27/09/24

An environmental imagination

 

Is ‘flood control’ even possible in geographies like the Brahmaputra valley with such a potent monsoon? Must every flood be a disaster?

This year’s flood in Assam has been devastating, although not unprecedented. In fact, floods in Assam have become an annual event, leaving millions of lives shattered every year and costing the state dearly. The scenes on our television screens and the social media feed leave us with a sense of déjà vu. These events are being normalised either as a natural disaster or, increasingly, as a climate change-induced phenomenon. It is a familiar story in other parts of eastern India as well, with Bihar being one of the worst-affected states.

While flash floods, a recurring event across Indian cities nowadays, are largely the result of poor urban planning and inefficient municipal administration, a flood has to be understood in relation to ‘flood control’ and, by extension, control of the river itself which poses larger, philosophical questions. This calls into attention our worldview on rivers, raising questions about how we imagine our ‘hydro-sociality’. Of further importance is to examine what one might call the ‘governmentality of floods’ — that is the power that an entire apparatus of institutions, practices, and technologies exercises vis-à-vis flood risk management.

Central to the Indian State’s flood management system is the construction of embankments which date back to the colonial era (although pre-colonial embankments also exist). Enough has been written about the perils of embankments and I will not go into those in this piece. Not only writings but songs have also been sung and films made about embankment-induced catastrophes. Way back in 1929, the American blues singers, Memphis Minnie & Kansas Joe McCoy, composed “When the Levee Breaks” (later reworked by Led Zeppelin) in the context of the Great Mississippi Flood of 1927.

Be it the levees on American rivers or the colonial and post-colonial embankments on Indian rivers, research has shown that far from controlling flood, these embankments have aggravated the flood crisis, rendering traditionally flood-dependent communities flood-vulnerable. Critique of an embankment-centric flood control approach has, at times, emerged from within the State itself. The 1980 Rashtriya Barh Ayog report, for instance, noted: “Flood control should not be considered as an end in itself, rather it is the means to an end. Flood control has to be viewed within the broad context of the economic and social development in the country. Management of floods should be considered in the context of the overall plan for management of the water resources of a river basin… The approach, therefore, cannot be static, but should remain dynamic and flexible.”

Rural communities realise the risks posed by embankments very well. In my own research sites in Majuli, Assam, villagers have often referred to embankments as “mrityu-baan” (weapons of death). Clearly, neither research nor local knowledge has been given due attention by policymakers. Little wonder then that even as Assam was drowning recently — largely due to embankment breaching — the water resources minister of the state promised, ironically, hundreds of kilometres of new embankments.

Why this obsession with embankments?

In my view, the embankment fetish of the State is rooted in two factors: first, the modernist ideology, a hubris, of human’s mastery over nature, that nature can be controlled and disciplined; second, and more importantly, it highlights two interrelated things: first is what the anthropologist, David Graeber, said about bureaucracy, that it is a “dead zone of imagination”. Thus, the hydraulic bureaucracy cannot think beyond embankments or similar structures, as evidenced by the case of Assam ever since the Assam Embankment and Drainage Act of 1953 came to pass. Almost like an automated entity, the bureaucracy carries on with embankments year after year. Second, the embankments seem to have become part of the ecosystem of the hydraulic bureaucracy, with deep roots and rhizomes, entangling multiple actors with various stakes. So everyone loves a weak embankment that requires repairing or rebuilding.

What is to be done? Is ‘flood control’ even possible in geographies like the Brahmaputra valley with such a potent monsoon? Must every flood be a disaster? Going back to the Rashtriya Barh Ayog’s recommendations, we must seriously consider watershed management and floodplain management at the basin level (thus requiring cooperation among riparian states and nations) while also pursuing various non-structural measures such as flood forecasting and warning, flood proofing, flood defence education, and capacity building of local communities and institutions. Deforestation of the Himalayas and its foothills must be stopped in order to reduce the force of the rivers in the monsoon. What if we built and revived a network of channels (like the ones that existed alongside rural roads and fields) that could absorb the excessive water in the monsoon? How about regulations on the types of permissible dwellings in flood-prone areas? There’s much to learn here from indigenous communities inhabiting the riverine geographies of the Brahmaputra for generations. A robust crop and livestock insurance system will also go a long way in checking floods. In short, we need a new environmental imagination if we are to co-inhabit these floodplains.

A resident of a riverside village in Majuli once told me: “Nodikhon bor komal, moromere subo lage” (The river is too delicate, it should be touched with love). How about we commit to that: to love our rivers, again?

Source"The Telegraph, 31/08/24

Author: Mitul Baruah

Assam’s Charaideo Moidams Added to UNESCO World Heritage List

 The Charaideo Moidams in Assam, which are royal burial grounds from the Ahom dynasty, were recently named UNESCO World Heritage Sites. This gives this nationally important area, which is about 30 km from Sivasagar in eastern Assam, international recognition.

What are Moidams?

Moidams are tumuli, which are earth mounds built over the graves of Ahom kings. The moidams of the Ahom royal family are in Charaideo, but you can find other buildings like them all over eastern Assam. Each moidam usually has a vault with rooms inside, a hemispherical mound on top, and a tower called the chow chali that is surrounded by an eight-sided wall. The Ahoms, who were related to the Tai people, chose burial over burning, which is different from Hindu customs. Their unique burial rituals, which were based on old Egyptian practices, meant that these moidams often held more than just the dead. They also held things for the afterlife, servants, animals, and even wives.

The Importance of Charaideo

Charaideo, whose name comes from Tai Ahom words that mean “shining town on a hill,” was the first capital of the Ahom kingdom, which was set up by King Sukaphaa in 1253 AD. It stayed an important power center and is still a place with a lot of historical and cultural value.

Tourism and Preservation

The moidams are popular with tourists today, but many of them are in bad shape. The Archaeological Survey of India only protects 30 of the over 150 moidams. People know that the Charaideo Moidams are important as a whole, especially since they are different from other similar grave sites in terms of size and number of people buried there. Assam’s culture will always be linked to the Ahom kingdom, which ruled for a long time from 1228 to 1826 AD. People praise them for how well they run their government and how strong their military is, especially when fighting off foreign attacks. Celebrating people like Lachit Borphukan at events shows how important they are to modern Indian culture, especially as nationalism grows.

Assam’s Foreigners Tribunals function

 The Assam government told its Border police on July 5, 2023, not to send cases of non-Muslims who came to India illegally before 2014 to Foreigners Tribunals (FTs). This comes after the Citizenship (Amendment) Act of 2019, which gives non-Muslims who are fleeing oppression in Afghanistan, Bangladesh, or Pakistan a way to become citizens.

Origins of Foreigners Tribunals

The Foreigners (Tribunals) Order of 1964, which was made possible by the Foreigners Act of 1946, set up Foreigners Tribunals in Assam. They are meant to be like courts and let local governments send people they think are foreigners to them to be judged. In other states, cases like this are only dealt with under the Foreigners Act. But Assam has its method. At the moment, only 100 of the 300 FTs that the Ministry of Home Affairs has approved are working.

Role of the Border Police

The Assam Police Border Organization was created in 1962 and became a separate organization in 1974. It works with the Border Security Force to stop illegal immigration, find strangers, and watch over the border between India and Bangladesh. Members check people’s identities and send people they think might be a threat to FTs. They also deal with cases involving “D” voters, or people who aren’t sure they are who they say they are, and requests from people who were taken off the National Register of Citizens (NRC).

Functioning of Foreigners Tribunals

FTs have the power of a civil court to call people to court, make sure they show up and look at proof. They have to send notices within 10 days of a referral and give people 20 days to respond and turn in proof. Cases must be decided by tribunals within 60 days. If you can’t prove your identity, you could be sent to a transit camp until you can be deported.

Criticism of Foreigners Tribunal Orders

Recent Supreme Court decisions have brought up problems with the FT system. For example, on July 11, the court overturned a mistaken statement that a deceased person was a foreigner, calling it a “grave miscarriage of justice.” Concerns have also been made about how citizenship checks are done at random and how some FT operations take advantage of people. For example, notices have been said to not be served properly, which violates the right to a fair trial.

About Citizenship (Amendment) Act

The Citizenship Act of 1955 was changed by the Citizenship (Amendment) Act, which was passed in India in December 2019. It gives religious minorities from Bangladesh, Pakistan, and Afghanistan who came to India before December 2014 a way to become Indian citizens. Some people say it goes against the secular ideals of the Indian Constitution. There were protests all over India because of the Act, which started conversations about national identity and religious oppression. Its application is still controversial, and there are legal challenges in the Supreme Court.

Assam Witness Protection Scheme, 2024

 The Assam Cabinet started the Assam Witness Protection Scheme, 2024 because witnesses in court cases are being threatened more and more. This action is in line with Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and is meant to make evidence in court cases safer and more trusting.

Implementation of the Witness Protection Scheme

The plan lets witnesses ask for safety through a Competent Authority that is set up in each district. There is a District and Sessions Judge in charge of this authority, as well as the Head of Prosecution, an officer chosen by the District Magistrate, and the District Police Head. The method sorts witnesses into three groups, called A, B, and C, based on how dangerous they think the situation is.

Protection Measures and Funding

Protection tactics include trials that are recorded, putting in security systems at witnesses’ homes, and maybe even moving them temporarily. A State Witness Protection Authority will also create and oversee a special fund to help with these steps, making sure there are enough resources to protect witnesses.

Revisions in Transportation Penalties

Also, the Assam Cabinet has made important changes to the rules for transportation. To make things easier on people’s budgets, fines for riding a two-wheeler without the right paperwork have been removed. However, helmet laws are still in effect. The other way around, three-wheeled cars will get up to four warnings before they are fined for breaking the rules.

About Assam Witness Protection Scheme

The Assam government set up rules for the Assam Witness Protection Scheme in 2020 to keep witnesses in criminal cases safe from threats or harassment. As part of the plan, witnesses are kept anonymous, moved, given police protection, and given money if they need it. Based on risk levels, it tells the difference between the three types of threats and adjusts the security details accordingly. It also stresses that witness names should be kept secret, gives police agencies a few rules to follow, and includes monitoring and evaluation tools to see how well protection measures are working and make changes as needed.

Himanta Biswa Sarma writes: After decades of neglect, Viksit Assam is on the rise

 

PM Modi’s resolve of a Viksit Bharat during Amrit Kaal has been the guiding light for Assam to develop a roadmap for Viksit Assam 2047. In less than eight years, under his guidance, governance in the state has seen more public participation, transparency and accountability

Unlike King Karna, who was cursed by the earth goddess and a poor Brahmin, a prosperous Assam suffers the banes from the past regimes’ apathy and abandonment. In 1950-51, Assam had an enviable per capita income of 4 per cent above the national average. The state has had a tumultuous journey since then. After suffering repeated reorganisation – without economic planning – creating more states till 1971, subsequent blows such as bouts of illegal immigration, agitations, and extremism harmed Assam’s growth. By 1998, Assam’s per capita income went down to 41 per cent below than the national average.

Seven decades of darkness created a complex web of political, economic, and social challenges. We needed a million rays to disperse this darkness and this mission has been led by Prime Minister Narendra Modi. His love for the people of Assam and its development is evident in the host of central initiatives that the state has benefitted from in the recent past.

Be it an AIIMS in Assam, the Dhola-Sadiya bridge over the Brahmaputra, India’s longest rail-cum-road bridge at Bogibeel, expansion of Guwahati airport, national highways, power infrastructure, expansion of refineries, gas and oil pipelines, new medical colleges and hospitals, Maa Kamakhya corridor, or massive programmes for women and youth empowerment in Assam, or even recent approval to set up Rs 27000 crore worth semiconductor unit, none of them would have been possible without PM Modi’s support. Indeed, wearing Assam’s traditional gamocha around his neck, he has been the biggest brand ambassador of Assam within and outside India.

When Jawaharlal Nehru, as a Prime Minister abandoned Assam amidst the 1962 Indo-China war while claiming his heart went out to the people of Assam, Prime Minister Modi repeatedly called the region Ashtalakshmi and Bharat’s growth engine.

The Modi government’s focus on Assam is evident in the several visits by the Prime Minister and his cabinet colleagues to the region. This has helped unleash a double-engine government. As the foot soldiers of Pradhan Sevak Modi who is leading us from the front, we are doing our best to march towards a Viksit Assam. PM Modi’s resolve of a Viksit Bharat during Amrit Kaal has been the guiding light for Assam to develop a roadmap for Viksit Assam 2047. In less than eight years, under his guidance, governance in the state has seen more public participation, transparency and accountability.

Law and order turnaround

We prioritised three issues: extremism, drugs and narcotics, and women’s safety. Our firm and timely measures ensured success on all these fronts. The near end of extremism is a result of negotiations with extremist groups jointly led by the Ministry of Home Affairs and the state. This has resulted in 11 peace accords since 2016, the latest one with ULFA

Second, as per the World Drugs Report 2018, Assam had 7.5 lakh active drug users. Assam and the northeast, which typically acted as a transit point for the illicit transnational drugs trade. We needed to put an end to this and disrupt the deep-rooted network. The Assam police undertook the task. In a massive crackdown between 2021 and 2023, the police registered a record 8,184 cases arresting 13,565 traffickers and seizing 346 kg of heroin and 98,993 kg of ganja and others worth Rs 1,186 crore.

The disturbing infant and maternal mortality rates coupled with the crime against women of Assam were a matter of deep concern. Our strict policies curbing child marriages, repealing the colonial Assam Muslim Marriage and Divorces Registration Act, and focusing on women’s health have shown a significant decline in crime against women – by 51.7 per cent from 2021 to 2022. These steps have gone a long way in ensuring stability and a secure environment in the state.

Women and Youth-led Development

Our strategic roadmap for economic development is showing results. The state’s internal revenue crossed Rs 28,424 crore in FY23-24 (April-Jan). The steady rise in revenues and increased capital expenditure has resulted in continuous double-digit growth in GSDP and per capita income. Assam’s GDP, supported so far by consumption and government expenditure, is now poised to focus on encouraging investment and entrepreneurship.

The outlook is quite clear in the systematic manner in which we have rolled out our flagship schemes. We started with the biggest DBT programme, Orunodoi, for 26 lakh antyodaya women to provide an economic and nutrition safety net with Rs 1,250 per month, micro-finance loan waivers for women SHGs and more. As per NITI Aayog’s multi-dimensional poverty index, 80.36 lakh people in Assam have been uplifted from poverty with a steep decline in poverty headcount ratio from 36.97 per cent in 2013-14 to 14.47 per cent in 2022-23.

As we move ahead, the government has now strategically focused on women and the youth to boost entrepreneurship. In response to the clarion call of our Prime Minister to create one crore lakhpati didis in the country, Assam created 8.72 lakh lakhpati didis. This is 27 per cent of the 40 lakh SHG members. These women had not only built strong businesses for themselves but also are a living example of prudent fiscal discipline. The NPAs for SHGs in Assam stand at 1.05 per cent, almost 40 per cent below the national average.

We are on the cusp of an MSME revolution with 4.2 lakh enterprises registered on the Udyam portal. Other flagship schemes – Chief Minister Atmanirbhar Assam Abhiyan and Mahila Udyamita Abhiyan – are focused on incubating entrepreneurship among two lakh youth and 39 lakh women over the next two years. This would bring in an entrepreneurial ecosystem. The start-up ecosystem in the state has also shown a major uptick with several initiatives. We supported 275 start-ups and are on the path of creating 1,500 more.

The next phase: Capital assets and Industrialisation

The massive capital investment of about Rs 50,000 crore from the state budget drowned the frequent lament about prolonged monsoon-related delays in project execution. This includes social infrastructure and the state is now building 24 medical colleges and hospitals against just six that we had in 2016.

The government’s push towards transformative policy initiatives like the semiconductor industry, methanol production, EVs, etc, has set the tone for investments in manufacturing. Assam’s first methanol plant with a Rs 1,600 crore investment, inaugurated by the Prime Minister in April 2023, has already started exporting to Bangladesh and Nepal. Large oil and gas investments including a Rs 28,000 crore expansion of Numaligarh Refinery, expansion of Digboi refinery, railway projects, and airports are at an advanced stage. In the last few months, the state approved Rs 13,400 crore worth of 21 mega industrial units. We are now working on organising our second global investors’ summit in November.

Farm exports from the region have grown by 250 per cent in the last three years and will continue to grow. The tourism sector is another area where the state is seeing a manifold rise.

Tata Semiconductor Unit

The Tatas’ love for Assam goes beyond tea. The industrial group has always been a true friend to the state and the relationship goes beyond business. The Tatas have partnered with Assam in a range of sectors from establishing a cancer-care network to the hospitality sector, and now to a semiconductor plant.

The recent approval by the Union Cabinet for a Rs 27,000 crore Semiconductor Assembly Testing Marking and Packaging (ATMP) Unit by the Tatas is a historic development. The construction work will start in the next 100 days in Jagiroad with a capacity of 48 million per day. Soon, the project location will see a new world-class township to serve its 15,700 employees and another 13,000 indirectly employed.

Tech giants IBM and Tesla are Technology partners for this unit for the co-development of flip-chip and ISP technology respectively. For wire-bond technology, Tatas have operational experience. This would be a gaSeven decades of darkness are now behind Assam’s Amrit Peedi. Our youth are our heroes. We commit ourselves to providing them with opportunities in Amrit Kaal. Rs. 10 lakh crore GSDP target for Assam is just 3-4 years away. Besides, our collective vision is to make Assam one of the top five states in Bharat. As Assam aspires to contribute to the country’s growth, we shall continue to fire on all cylinders.me-changer for the northeast region and catalyse India’s economic ties with South East Asia.

Source: Indian Express, 9/03/24

Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024

 The Assam government recently tabled the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024, similar to the proposed central law. This legislation is a follow-up to the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Ordinance issued by the Assam Cabinet in October 2023.

The draft legislation aims to curb cheating and malpractices during exams in the state through strict penalties.

Purpose of the Bill

The primary objective of the bill is to provide effective measures to prevent and curb offences related to leakage of question papers and use of unfair means in public examinations for recruitment to any state government post. This includes posts in autonomous bodies, authorities, boards, and corporations.

Definition of “Unfair Means”

The bill defines “unfair means” as cheating by using unauthorized help in a public examination, leaking or attempting to leak a question paper, procuring or attempting to procure a question paper in an unauthorized manner, selling or solving a paper in an unauthorized manner, and directly or indirectly assisting an examinee in an unauthorized manner. It also includes conducting an examination or printing a question paper or blank answer scripts somewhere other than designated areas.

Key Features

Special Courts

The bill proposes that the state government, in consultation with the Chief Justice of the Guwahati High Court, can designate and notify special courts not below the rank of an Additional District and Sessions Judge.

10-Year Jail Term

The bill introduces a provision for a 10-year prison sentence for offenses like leaking question papers or helping candidates use unfair means. This aims to act as a strong deterrent against exam malpractices.

₹10 Lakh Penalty

The draft law also stipulates a hefty fine of ₹10 lakh for those involved in distributing question papers without authorization or enabling cheating. The financial penalty further discourages such activities.

More provisions

The bill further proposes that an examinee convicted under this law will be barred from writing any public exam for two years. In cases involving organized crime, the court can order the attachment of the offender’s property to recover any wrongful gains. If an institution or Limited Liability Partnership is found guilty of an offence under the law, it will be required to pay all the costs of the examination and will be banned permanently.

Ban on Possessing Questions Illegitimately

The proposed law clearly prohibits candidates from possessing question papers without proper permission. This plugs a key loophole enabling cheating.

Deterring Various Malpractices

Beyond leaking questions, the legislation addresses other common malpractices during exams like copying and external assistance to candidates. Stringent actions against all such activities will help reinforce exam integrity.

Significance

In the past five years, Assam has witnessed two major recruitment scandals. The first occurred in 2020, when a recruitment exam for 597 sub-inspector posts had to be cancelled due to a paper leak. Senior and retired IPS officers were among those arrested. The second scandal emerged in 2021, over two years after the exams had been conducted, when the government announced the cancellation of the 2019 exams for various posts in the Assam Power Distribution Company Limited due to widespread irregularities.

The bill signifies the Assam government’s firm commitment to eradicate cheating and unfair means in exams. It aims to overhaul the examination system and selection processes. However, effective on-ground enforcement and speedy trials will be key to the success of this law. Administrative and judicial delays could blunt its impact. Supporting awareness drives should accompany strict policing.

Opposition Suggestions

Opposition parties have argued for measures like housing exam centers in CCTV surveillance networks. This could complement laws enhancing surveillance and identifying violations.

Why PETA wants to ban two age-old Assamese traditions

 

People for Ethical Treatment of Animals have mounted a legal challenge against the practises of buffalo and bulbul fighting in the Gauhati High Court. What are these traditions? Why were they discontinued? Now that they are back, why does PETA want to ban them?

he Assam government’s attempt to revive traditional practices of buffalo and bulbul (songbird) fighting during Magh Bihu has come up against a legal challenge by People for Ethical Treatment of Animals (PETA) in the Gauhati High Court, which admitted petitions by PETA India seeking a ban on both.

What is this tradition all about? Why were the fights disccontinued? What is behind the Assam government’s move to revive the tradition? And what is PETA’s challenge?

An age-old tradition

These fights are part of the folk culture associated with the Assamese winter harvest festival of Magh Bihu, which takes place in January, at the same time as harvest festivals in other parts of the country such as Makar Sankranti, Pongal and Lohri.

Buffalo fights are held in different parts of Assam during Magh Bihu, with Ahatguri in Nagaon district being the biggest centre. There, the fights been conducted for many decades by the Ahatguri Anchalik Moh-jooj aru Bhogali Utsav Udjapan Samiti, drawing huge crowds. Bulbul fights, on the other hand, are an attraction at the Hayagriv Madhab Mandir in Hajo, around 30 km from Gauhati. Participants rear birds for around two weeks before Bihu, before they are made to fight until one emerges stronger.“While the buffalo fights are folk culture and tradition, this is tied to religion. Before starting, we light saki (lamps) in Lord Vishnu’s name and lay xorai (offering trays)… The practice is very old, we cannot really say when it started. But it was held with great pomp by the Ahom rulers,” Shiba Prasad Sarma,

Discontinued after SC ruling

The fights had been stopped on the heels of the Supreme Court’s 2014 judgement, which forbid the use of bulls as performing animals in jallikattu events and bullock-cart races in Tamil Nadu, Maharashtra or anywhere else in the country.

The Court also directed the Animal Welfare Board of India (AWBI) to ensure that “the person-incharge or care of the animal shall not incite any animal to fight against a human being or another animal.” In January 2015, the AWBI wrote to the Assam government seeking an end to animal and bird fights during Bihu celebrations, following which the government directed district administrations to prevent them. doloi (administrator) of the temple

This was not without resistance. Buffalo fights continued to be held in some quarters in defiance of the prohibition, and the management of the Hayagriv Madhab Temple challenged the order in the Gauhati High Court.

After SC clears path, Assam govt releases SOP to conduct fights

The Supreme Court May last year overruled its 2014 judgement, upholding amendments made by Tamil Nadu, Maharashtra and Karnataka governments to the Prevention of Cruelty to Animals Act 1960 to allow jallikattu, kambala and bullock cart racing. Subsequently, in December, the Assam Cabinet gave a go-ahead for the framing of SOPs for the conduct of buffalo and bulbul fights without “deliberate torture or cruelty” to the animals.

The SOPs which were subsequently released specified that the fights will only be permitted in places where they have been “traditionally conducted” for the last 25 years, and that moh juj (buffalo fights) will only be allowed between January 15 and January 25. The moh juj guidelines prohibit human inflicted injuries, and ban the use of intoxicating or performance enhancing drugs, as well as sharp instruments to instigate the animals. The bulbul fight SOPs require the organisers to ensure that the birds are released in the open “in perfect condition” at the end of the game. The SOPs state that any organization violating the stipulations will face a ban for the next five years.

With the release of these guidelines, the activities were held again during Magh Bihu this year, and Assam Chief Minister Himanta Biswa Sarma himself attended the events in Ahatguri and Hajo, and spoke of their revival as an effort to “preserve Assam’s timeless Bihu traditions.”

PETA’s challenge

PETA India has now filed two linked petitions before the Gauhati High Court seeking the prohibition of both activities, as well an interim stay preventing any such fights from taking place during the course of the proceedings.

In these petitions, they state that they investigated the events in both Ahatguri and Hajo this year. The claimed that in Ahatguri,  in order to instigate buffalos to fight, owners slapped, pushed and shoved them; jabbed and struck them with wooden sticks; and pulled them roughly by nose ropes. They stated that many buffalos had injuries on their bodies from the fights, and that the fights lasted util one of the two buffalos “broke away and fled”.

With regards to the event in Hajo, they stated that the bulbuls “were illegally captured and incited, against their natural instincts to fight over food.”

On Thursday (February 1), the court heard an interlocutory application by the petitioners stating that a buffalo fight event was scheduled to be held in Nagaon district on February 4, which would be outside the stipulated period specified in the government’s guidelines.

The Court observed that organising a buffalo fight beyond January 25 is prima facie in violation of the government’s notification. It stated that the petitioners should inform the relevant district administration of the particulars of the event, following which the latter should take the necessary stops to prevent the event, in line with the SOPs.

Written by Sukrita Barua

Source: Indian Express, 4/02/24

Assam Baibhav Award for Ex-CJI Ranjan Gogoi

 The Assam government has announced that it will confer the Assam Baibhav award, the state’s highest civilian honor, to Member of Parliament and former Chief Justice of India (CJI) Ranjan Gogoi. He has been credited for playing a part in the establishment of the Ram temple in Ayodhya through the apex court judgment delivered under his leadership as CJI.

Achievements of Ranjan Gogoi

Ranjan Gogoi held the office of the 46th Chief Justice of India. During his tenure as CJI, the Supreme Court delivered its ruling on the long-pending Ayodhya Ram Janmabhoomi-Babri Masjid dispute in 2019. This marked the conclusion of the decade-old controversial case.

Subsequently, Gogoi was nominated to the Rajya Sabha in March 2020 by the then President Ram Nath Kovind. He continues to serve in the Upper House of Parliament.

As the first Chief Justice of India hailing from the Northeast, Gogoi pioneered the path for greater regional representation at the highest echelons of the judiciary. Through expeditious adjudication of pending cases, he bolstered access and efficiency of the justice system during his CJI stint.

4 Winners for Assam Saurav

Four personalities have also been named joint winners of the Assam Saurav Award, the state’s second highest civilian honor. These include archaeologist Kishan Chand Nauriyal, swimmer Elvis Ali Hazarika, sprinter Hima Das and Tiwa dance exponent Nadiram Deuri.

17 Recipients for Assam Gaurav

Additionally, seventeen eminent citizens across diverse fields will receive the Assam Gaurav Award – the third highest state honor this year. This award includes a financial component of Rs.3 lakhs in addition to a certification or a citation or a medal

Who is a citizen, who is an ‘illegal immigrant’: Questions before SC in Assam Citizenship Act case

 

The ongoing hearing by a bench headed by Chief Justice of India DY Chandrachud will involve questions of citizenship, “illegal immigrants” and rights of “indigenous Assamese” citizens in Assam 

A five-judge Constitution bench of the Supreme Court, on December 5, began hearing pleas challenging Section 6A of the Citizenship Act,which was introduced in the statute following the signing of the Assam Accord.

Signed in 1985, between the Rajiv Gandhi government and the All Assam Students’ Union, the Accord culminated a six-year-long agitation against the entry of migrants from Bangladesh into Assam.

Crucially, the ongoing hearing by a bench headed by Chief Justice of India DY Chandrachud will involve questions of citizenship, “illegal immigrants” and rights of “indigenous Assamese” citizens in Assam .

What is the challenge?

The plea before the Constitutional bench challenges one of the core elements of the Accord — which determines who is a foreigner in the state. This was also the basis of the final National Register of Citizens in Assam, published in 2019. Clause 5 of the Assam Accord states that January 1, 1966 shall serve as the base cut-off date for the detection and deletion of “foreigners” but it also contains provisions for the regularisation of those who arrived in the state after that date and up till March 24, 1971.

Section 6A of the Citizenship Act was inserted as an amendment to accommodate this. It effectively establishes March 24, 1971 as the cut-off date for entry into the state, meaning that those entering the state after that would be considered “illegal immigrants”. While those who came to Assam on or after January 1, 1966, but before March 25, 1971 from Bangladesh will be detected as “foreigners”, they would have the opportunity to register themselves according to rules made by the Central Government. Except for being included in electoral rolls, they would be granted the same rights and obligations as Indian citizens for a period of 10 years from the date they were detected as foreigners. At the end of this ten-year period, however, they would be deemed citizens.

Why is Section 6A under challenge?

The plea before the bench, while questioning the constitutional validity of Section 6A, wants 1951 to be established as the cut-off date for inclusion in the National Register of Citizens instead of 1971. The primary petitioner is the Assam Sanmilita Mahasangha (ASM) — an organisation which says it advocates for the rights of “indigenous” communities of Assam.

Their core argument is that by establishing a different cut-off date for Indian citizenship in Assam than in the rest of India — which is July 1948 — Section 6 A is “discriminatory, arbitrary and illegal” and violative of the rights of “indigenous” Assamese people.

Their petition, which was filed  in 2012, states that “the application of Section 6A to the State of Assam alone has led to a perceptible change in the demographic pattern of the State and has reduced the people of Assam to a minority in their own State. The same is detrimental to the economic and political well-being of the State and acts as a potent force against the cultural survival, political control and employment opportunities of the people.”

When the final NRC in Assam was released in 2019, the Working President of the ASM Matiur Rahman said that the body is looking to an order passed by a two-judge bench led by then CJI Ranjan Gogoi as a possibility that the NRC can be updated according to the terms requested to them.

The order, passed on December 13, 2019 states, “We make it clear that subject to orders as may be passed by the Constitution Bench in Writ Petition (C) No.562 of 2012 and Writ Petition (C) No.311 of 2015, National Register of Citizens (NRC) will be updated.”

“By settling on the date of Bangladesh’s independence in violation of the Constitution, the AASU has gone against the indigenous tribes of Assam by favouring the 70-80 lakh Hindu and Muslim Bengalis and Nepalis who fled from East Pakistan over the course of those years and illegally occupied the lands of indigenous tribes and government lands,” Rahman said.

What are the constitutional issues involved?

While hearing the 2012 plea by the ASM, a two-judge bench of Justices Ranjan Gogoi and Rohinton had framed 13 questions on Section 6A for deliberation by a constitutional bench, in an order passed on December 17, 2014.

1. Whether Articles 10 and 11 of the Constitution of India permit the enactment of Section 6A of the Citizenship Act in as much as Section 6A, in prescribing a cut-off date different from the cut-off date prescribed in Article 6, can do so without a “variation” of Article 6 itself; regard, in particular, being had to the phraseology of Article 4 (2) read with Article 368 (1)?
2. Whether Section 6A violates Articles 325 and 326 of the Constitution of India in that it has diluted the political rights of the citizens of the State of Assam;
3. What is the scope of the fundamental right contained in Article 29(1)? Is the fundamental right absolute in its terms? In particular, what is the meaning of the expression “culture” and the expression “conserve”? Whether Section 6A violates Article 29(1)?
4. Whether Section 6A violates Article 355? What is the true interpretation of Article 355 of the Constitution? Would an influx of illegal migrants into a State of India constitute “external aggression” and/or “internal disturbance”? Does the expression “State” occurring in this Article refer only to a territorial region or does it also include the people living in the State, which would include their culture and identity?
5. Whether Section 6A violates Article 14 in that, it singles out Assam from other border States (which comprise a distinct class) and discriminates against it. Also whether there is no rational basis for having a separate cut-off date for regularizing illegal migrants who enter Assam as opposed to the rest of the country; and
6. Whether Section 6A violates Article 21 in that the lives and personal liberty of the citizens of Assam have been affected adversely by the massive influx of illegal migrants from Bangladesh.
7. Whether delay is a factor that can be taken into account in moulding relief under a petition filed under Article 32 of the Constitution?
8. Whether, after a large number of migrants from East Pakistan have enjoyed rights as Citizens of India for over 40 years, any relief can be given in the petitions filed in the present cases?
9. Whether section 6A violates the basic premise of the Constitution and the Citizenship Act in that it permits Citizens who have allegedly not lost their Citizenship of East Pakistan to become deemed Citizens of India, thereby conferring dual Citizenship to such persons?
10. Whether section 6A violates the fundamental basis of section 5 (1) proviso and section 5 (2) of the Citizenship Act (as it stood in 1985) in that it permits a class of migrants to become deemed Citizens of India without any reciprocity from Bangladesh and without taking the oath of allegiance to the Indian Constitution?
11. Whether the Immigrants (Expulsion from Assam) Act, 1950 being a special enactment qua immigrants into Assam, alone can apply to migrants from East Pakistan/Bangladesh to the exclusion of the general Foreigners Act and the Foreigners (Tribunals) Order, 1964 made thereunder?
12. Whether Section 6A violates the Rule of Law in that it gives way to political expediency and not to Government according to law?
13. Whether Section 6A violates fundamental rights in that no mechanism is provided to determine which persons are ordinarily resident in Assam since the dates of their entry into Assam, thus granting deemed citizenship to such persons arbitrarily?

Written by Sukrita Baruah , Apurva Vishwanath

Source: Indian Express, 8/12/23