The Need to Review BEFR of 1873

Dr. Asangba Tzudir

 

The publication of the final list of NRC excluded 19,06,657 people in Assam leaving their fate uncertain while giving them a new identity from being a ‘citizen’ to ‘stateless.’ Those excluded can appeal in the Foreigners’ Tribunals and subsequently High Courts. Further, it is reported that 200 more Foreigners’ Tribunals will be created to the existing 200 to deal with the appeals. A detention camp in Assam is being built and which is intended to house at least 3000 detainees. Ironically, some of the workers whose name did not feature in the NRC list could end up in the detention camp. The problem is also compounded by the fact that Bangladesh has never acknowledged outmigration to India. However, the influx of illegal immigration over the past decades cannot be denied. From the very beginning, this exercise has been dogged with controversy and has been labeled by politicians, human rights and civil society critics as an exercise “targeting Muslims of Bengali origin to disenfranchise and strip them of their rights.” 


 So, among others, certain choices for those excluded are to appeal to the Foreigners’ Tribunal, or settle in the detention camp though one is not certain about its guarantee, or move to other parts of North East states. And this is where Dimapur, the commercial hub of Nagaland and which does not come under the purview of ILP, continues to be a safe haven for an overwhelming number of immigrants without proper identification proof. Following the publication of the final list of NRC, (though the saffron party’s man in the North East has categorically stated that, “the NRC is not quarter-final, semi-final or final… wait for a while and you will see more finals under BJP regime”) a Joint Committee on Prevention of Illegal Immigrants (JCPI) was also formed which submitted a representation to the Chief Secretary, and a meeting was held whereupon a committee headed by the Commissioner and Secretary to the Chief Minister was formed and tasked with coming up with a comprehensive action plan and mechanism to streamline ILP. This rationalization should first and foremost call for immediate measures for inclusion of Dimapur district within the purview of ILP. This necessitates reviewing the Bengal Eastern Frontier Regulation (BEFR) 1873.


The BEFR of 1873 which had the Governor General’s assent included among others the Naga Hills district. Now, a seemingly tricky part is that it did not automatically extend to the entire state of Nagaland with the attainment of Statehood and Dimapur falls outside the purview of ILP.  A look at The Nagaland Code, Volume –I (Revised Edition) 2004, Government of Nagaland, Justice & Law Department, throws light on the provisions regarding the tricky issue. It clearly mentions the “power to prescribe and alter inner line” which states that, “it shall be lawful for the State Government to prescribe, and from time to time to alter, by notification in the Official Gazette, a line to be called ‘The Inner Line’ in each or any of the above named districts.” (applicable to the districts of Kamrup, Darrang, Nowgong, Sibsagar, Lakhimpur, Garo Hills, Khasi and Jaintia Hills, Naga Hills, Cachar). 


Now that the Justice & Law Department, Nagaland of Government has brought out the revised edition of ‘The Nagaland Code Volume – I” 2004, it is ‘understood’ that the ‘spirit’ of the provisions of BEFR 1873 can be extended to Nagaland and the districts therein considering the ‘provisions’ and power to prescribe and alter inner line. And therefore the demand for inclusion of Dimapur within the purview of Inner Line Permit is not simply a legitimate demand but one that needs urgent implementation. As such, the matter rests with the Justice & Law Department and the Government of Nagaland to deliberate wisely with a strong ‘political will’ considering the urgency and ‘graveness’ of the situation in Nagaland where the rights of the indigenous people and peoples are at risk, not to mention the economic implications. 


The various stakeholders should continue to act as pressure groups because the legal system first needs to be placed within context in order to enable the law of the land to play an enforcing rule. Detention camps may be built in Assam, but if left unchecked, or if Dimapur is not placed under ILP, then Dimapur is in danger of becoming a ‘concentration camp’ for illegal immigrants, but the ‘sense’ of the word ‘concentration’  will be felt by the indigenous people.  

 

(Dr. Asangba Tzudir contributes a weekly guest editorial to The Morung Express. Comments can be mailed to asangtz@gmail.com)