The issue of illegal immigrants is old in Assam. It was a raging issue soon after Independence forcing the government to bring the Immigrants (Expulsion from Assam) Act in 1950. A National Register of Citizens (NRC) was to be prepared on the basis of Census 1951. The NRC finally came up earlier this year.
The issue of illegal immigrants fuelled massive protests for six years beginning 1979, when a Lok Sabha bypoll was to be held at Mangaldoi seat. Various outfits with All Assam Students Union (AASU) forming the nerve centre of the protests complained about foreigners - mainly Bangladeshis - having been included in the voters' list.
The Indira Gandhi government continued to engage with the protesters between 1980 and 1984 but without reaching an agreement. After her assassination, the Rajiv Gandhi government signed an agreement with the protesters - AASU and All Assam Gana Sangram Parishad - bringing the agitation to an end.
The agreement between the Centre and the protesters is called the Assam Accord. It was signed on the Independence Day in 1985. In the 15 clauses of the Assam Accord, the key focus areas were:
Foreigners issue
Economic development
Restricting acquisition of immovable property by foreigners
Prevention encroachment of government lands
Registration of births and deaths
This was done to ensure protection of political, social, economic and cultural identity of the local people.
CLAUSE 5 IS THE HEART HERE
Clause 5 of the Assam Accord deals with the issue of foreigners, that is, detection of foreigners in Assam, deletion of their names from the voters' list and their deportation through practical means.
The foreigners were classified under three heads for identification and differential treatment under Clause 5 of the Assam Accord. Two dates are of significance in the Assam Accord: 1st of January 1966 and 24th of March 1971.
"All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the electoral rolls used in 1967 elections, shall be regularised," states Clause 5 of the Assam Accord.
In simple words, illegal immigrants who entered Assam till December 31, 1965 were to be granted citizenship with voting rights immediately.
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MIND THE DATE
Clause 5 of the Assam Accord further says, "Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24th March, 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964."
This means that those illegal immigrants who came to Assam between 1966 and March 24, 1971 were to be disenfranchised. This group of people was required to register themselves as foreigners in accordance the Registration of Foreigners Act, 1939.
The Assam Accord does not call for their deportation but they were to get voting rights only after expiry of 10 years from the date of their detection or declaration as foreigner.
The rest had to be expelled. Religious persecution was not a consideration for any relaxation in accommodating illegal immigrants.
HOW CITIZENSHIP LAW DIFFERS
But now, religious persecution is the basis of giving preferential treatment to illegal immigrants who are living not only in Assam but in other parts of the country as well. However, other states don't have an agreement with the Centre as Assam.
The amended Citizenship Act has shifted the cut-off date for granting citizenship from 24th of March 1971 to 31st of December 2014 - that is, by 43 years nine months and seven days. The protesters see this as a move by the Centre to go back on their promise made to protect their Assamese cultural identity.
THE CLAUSE 6 PROMISE
Clause 6 is another often quoted provision of the Assam Accord to challenge the new amendment in the Citizenship Act. Clause 6 of the Assam Accord says that constitutional, legislative and administrative steps will be taken by the Centre to "protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people".
The Citizenship Amendment Bill that was moved by the Narendra Modi government and passed by Parliament, the protesters say, is a deliberate violation of Clause 6.
However, Union Home Minister Amit Shah said in his reply during the debate on the Citizenship Amendment Bill that Clause 6 has not been tinkered with in the new legislation.
But neither his reply nor appeals by Prime Minister Narendra Modi and Assam Chief Minister Sarbananda Sonowal seem to have made an impact on the protesters who want an "infiltrator-free Assam".
The Union home ministry was made the nodal agency for implementation of the Assam Accord. Incidentally, it was the Union home ministry that brought out the Citizenship Amendment Bill that has evoked strong and violent protests in Assam.