MEETING WITH PRIME MINISTER.

The Citizenship (Amendment) Act’2003

A History of Betrayal to the Refugees of East Bengal

Joint Action Committee for Bangali Refugees

P-61 Udayan Abasan,

Udayrajpur, Madhyamgram

Kolkata-700129

An Appeal

This booklet first time was published in the year of 2005. The objectives of this booklet are to communicate the sufferings & struggles of the Bangali refugees to the citizens of India, particularly to those who do not know Bengali language. And for the Members of Parliament, leaders of various political parties and ministers.

Now, after more than five years of interval, second edition of the booklet is published. Naturally, the incidents of new attacks on the refugees by this time, their suffering and struggles of the refugees for survival have been included in this booklet.

Various documents and informations will be available here and will help to understand the graveness and magnitude of the problems of refugees from Bangladesh.

It is an unprecedented incident, that, the opposition leader Dr. Manmohan Singh appealed for a clause in favour of the Citizenship  to the refugees from Bangladesh in ‘The Citizenship (Amendment) Bill, 2003 and the mover of the Bill Sri L.K. Advani declared acceptance of the proposal of the opposition leader in the Parliament, but the clause was not included in the final Act. All these incidents  are reminded here in the booklet at the hope for correction the mistakes.

The historical background of creation of refugee problem in India and promises of national leaders, question of humanity and reality etc. has been explained from various angles in this booklet to attract the attention of the democratic & sensitive citizens of India & leaders of the country, so that, they come forward to co-operate & participate in the struggle for the refugees.

                                                                                                               Sukriti Ranjan Biswas

                                                                                                                        Convenor

                                                                                                            Joint Action Committee for

Date: 1st October, 2011                                                                                   Bangali Refugees

                                                                                                                        Ph: 09733888071

E-mail: sukritiranjanbiswas@gamil.com            refugeesprobleminindia.blogspot.com

The Citizenship (Amendment) Act’2003

A HISTORY OF BETRAYAL TO THE

REFUGEES OF EAST BENGAL

Constitutional Position

Part II of the Indian Constitution has directed relating to ‘Citizenship’. It is directed in the Article 5 to Article 11 of the Indian Constitution. Except acquisition & termination of Citizenship after commencement of the Indian Constitution, all other matters relating to citizenship has been directed in these 7 Articles of the Indian Constitution. Article 5 to 9 of the constitution determine who are Indian Citizens at the commencement of the constitution. Article 10 provides for their continuance & Article 11 gives the parliament to make any provision with respect to acquisition and termination of citizenship and other matters relating to citizenship.

Article 5 of the Indian Constitution has directed as follows:

‘‘At the commencement of this Constitution, every person who has his domicile in the territory of India and

        (a)   who has born in the territory of India; or

        (b)   either of whose parents was born in the territory of India; or

        (c)   who has been ordinary resident in the territory of India for not less than five years immediately preceding such Commencement, shall be citizen of India.’’

Article 6 of the Indian Constitution has directed relating rights of Citizenship of persons who have migrated to India from Pakistan. It is directed:

‘‘A person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the Commencement of the Constitution, if:—

        (a)   he or either of his parents or any of his grand parents was born in India as defined in the Government of India Act, 1935 (as originally enacted) and

        (b)   (i)    in the case where such person has so migrated before the 19th day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

               (ii)   in the case where such Person has so migrated on  or after the 19th day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the government of the dominion of Indian on an application made by him therefor to such officer before the Commencement of this Constitution in the form and manner prescribed by that government:

Provided that no person shall be so registered unless he has been resident in the territory of India for at least 6 months immediately preceding the date of his application.’’

It is to be noted here that considering the civil disturbances, communal riots etc. for the religious minorities of Pakistan, like Hindus, Sikhs, Buddhists, Christians who were forced to leave Pakistan for the fear of persecution, the Constitution of India did not imposed conditions for having passport or any such valid permissions for crossing the border for granting citizenship to those displaced persons from Pakistan.

Afterwards, since today, the Articles of the citizenship Act, 1955 have been amended 8 times. The most two important amendments to the citizenship Act, 1955 were enacted in the year 1986 which was effected from 1st July 1987 and the Citizenship (Amendment) Act, 2003 which was effected from the 3rd day of December, 2004. These two amendments to the citizenship Act, 1955 have seriously affected the displaced persons from Pakistan to India in acquaring the citizenship of India.

The 1986 amendment to the Citizenship Act, 1955 directed as fllows: ‘‘every person born in India on or after the 1st day of July, 1987 and either of whose parents is a citizen of India at the time of his birth, shall be a ciziten of India by birth.’’

It was effected before the commencement of The Citizenship (Amendmnet) Act. 2003 i.e. before the 3rd day of December, 2004.

The Deputy Prime Minister & the Minister of Home Affairs Sri L.K. Advani moved The Citizenship (Amendment) Bill, 2003 in the Rajya Sabha on 18th December, 2003. Only two members of the House participated in the discussion on the said Bill and it was passed unammously. The Hon’ble Members are Dr. Manmohan Singh, the leader of the opposition & Sri Shankar Roy Chowdhury, independent member from West Bengal (Ex-General of the Indian Army) They pleaded for granting citizenship to the refugees from Bangladesh who have faced persecution in that country & were forced to leave that country and sought refuge in India.

The Citizenship (Amendment) Act’ 2003, in its paragraph 2 (i) (b) has defined the words ‘illegal migrant’. It is said, ‘‘illegal migrant’’ means a foreigner who has entered into India—

1.     Without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf: or

2.     With a valid passport or other travel documents and such other document or authority as may be prescribed  by or under any law in that behalf but remains therein beyond the permitted period of time.

Now the question—who are the foreigners and who are the original Indians?—The Citizenship (Amendment) Act’2003 is silent on this point. Even this Act has not mentioned any cut off date or year in this regard to identify Indians and illegal migrants and this clause is applicable equally to the people of Hindus, Muslims & all other religious communities.

The Citizenship (Amendment) Act’ 2003 is silent on the point, because the Constitution of India already has cleared the point in it’s Article 6 (b) (1) [Citizenship Chapter] as follows: ‘‘..... a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a Citizen of India at the commencement of this constitution where such person has so migrated before the nineteenth day of July, 1948 and he has been ordinarily resident in the territory of India since the date of his migration.’’

Now the point is clear — The refugees from Pakistan, who have entered into India before 19th July, 1948, are all Indians and who have entered into India from the day of 19th July’48  to till today without passport etc. or with passport but remaining therein beyond the permitted period of time, are all ‘illegal migrants’.

Now, there are 5 different provisions in the Indian Constitution for obtaining Citizenship of India. These are: (1) Citizenship by birth, (2) Citizenship by descent, (3) Citizenship by registration, (4) Citizenship by naturalization, (5) Citizenship by in-corporation of territory.

Generally ‘Citizenship by birth’ & ‘Citizenship by Registration—the two provisions are the ways to the displaced persons/refugees of Pakistan & Bangladesh to get Citizenship of India.

Citizenship by Birth : The Citizenship (Amendment) Act.’2003 directs that ‘‘every person born in India on or after the commencement of the Citizenship (Amendment) Act. 2003, where (i) both of whose parents are citizen of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth.’’

Citizenship by Registration : If a person desires to be a citizen of India by registration there are 7 alternative conditions for him. At least one of the seven conditions he has to fulfil to apply for citizenship of India & to get it i.e. he has to ordinarily resident in India for 7 years or to marry an Indian Citizen and ordinarily resident in India for 7 years etc. But any person being an ‘illegal migrant’ is not entitle to apply for citizenship of India and to get it.

Issue of National Identity Cards : The Citizenship (Amendment) Act. 2003 has directed to issue ‘National Identity Cards to each & every citizen of India and to maintain National Register of Citizens. For the purpose, the said Act has also directed to establish a Citizen Registration Authority.

In the Register of Citizens detail particulars of each citizen will be contained, namely: (i) Name (ii) Father’s name (iii) Mother’s name (iv) Sex (v) Date of birth (vi) Place of birth (vii) Address (viii) Marital status (if married, name of the spouse) (ix) Visible identification mark (x) Date of registration of citizen (xi) Serial number of registration and (xii) National identity number. There shall be a National Register of Indian Citizens and also Local Register of Indian citizens.

The said Act has also made provision for granting dual citizenship to the Indian origin people who have left India to certain countries like 1. Australia 2. Canada 3. Finland 4. France 5. Greece 6. Ireland 7. Israel 8. Italy 9. Netherlands 10. New Zealand 11. Portugal 12. Republic of Cyprus 13. Sweden 14. Switzerland 15. United Kingdom 16. United States of America.

Special Provisions as to Citizenship of Persons

Covered by the Assam Accord

In Assam, the problems between the local Asamiya peoples and the displaced Bengali peoples & other, is a long pending issue. For finding out a solution of the problem of foreigners, several  Acts, Accords & special provisions in the Act for the Assam state have been enacted. Such as (1) The Emmigrants Expulsion from Assam Act, 1950, (2) Foreigners (Tribunal) Order, 1964 (3) IMD(T) 1983 (4) Assam Accord, 1985, (5) The Citizenship (Amendment) Act, 2003 etc.

For Assam, as per ‘The Citizenship (Amendment) Act, 2003

6A (2) All persons who came to Assam before the 1st day of January, 1966 from East Pakistan/now Bangladesh (Indian origin) and whose names were included in electoral roll for Lok-sabha election in 1967 and ordinarily resident in Assam, shall be deemed to be citizens of India as from 1st day of January, 1966.

6A (3) – Indian origin who came from East Pakistan/now Bangladesh to Assam after 1st day of January, 1966 but before 25th March, 1971 and ordinarily resident in Assam and who has been detected to be a foreigner in accordance with Foreigners Act 1946 & Foreigners (Tribunal) order, 1964, their names will be deleted from the voters list.

But these peoples/refugees will get the opportunity to apply for Citizenship of India under rules 18.

6A (4) The person/refugee has been detected to be a foreigner & applied for citizenship to the registration authority, his name will not be included in the voters list for ten years from the date of such detection as foreigners.

And finally it is decided that no person who has come to Assam from Bangladesh after 25th March, 1971, will be deemed to be a citizen of India.

It is to be noted here that, when the bill ‘Undesirable Immigrants Expulsion from Assam Bill’ was introduced in the Parliament, some prominent Members of the Parliament, namely Smt. Sucheta Kripalini, Md. T. Hossain, Sardar D.S. Mann, Rohini Chowdhury pleaded for a special clause in the bill for the refugee from East Pakistan who has to flee from the country for the fear of persecution/civil disturbances. Ultimately, Clause 2 was introduced in the bill and it was passed as an Act. ‘The immigr ant Expulsion from Assam Act. 1950’. The clause 2 gave protection to the Hindus etc. from expulsion from Assam as they were forced to leave that country for the fear of persecution.

When ‘The Citizenship (Amendment) Bill, 2003’ was introduced in the Rajya Sabha on 18th December, 2003, leader of the opposition Dr. Manmohan Singh & Sri Shankar Roychowdhury, independent MP from West Bengal, also pleaded for a special provision for the Hindus etc. who have come to India from Bangladesh for the fear of persecution, so that they may get citizenship of India. On behalf of the Govt. Home Minister Sri L.K. Advani also made commitment in the parliament saying, ‘‘what leader of the opposition and Shri Shankar Roy Chowdhury have said and I am fully in agreement with the views that they have expressed. ... So, I take note of what has been said and endorse it.’’ Unfortunately, there is no reflection of the commitment of the Home Minister in the final Act – ‘The Citizenship (Amendment) Act. 2003.

Debates in the Parliament

Sri L.K. Advani moved the bill in the Rajya Sabha on 18th Dec.’03. Taking part in the discussion, Dr. Manmohan Singh, the leader of the opposition, member from Assam, told, ‘‘while I am on this subject, Madam, I would like to point out thing with regard to the treatment of refugees after the partition of our country, the minorities in countries like Bangladesh, have faced persecution, and it is our moral obligation, that, if circumstances force people, these unfortunate people, to seek refuge in our country, approach to grating citizenship to these unfortunate persons should be more liberal. I sincerely hope that the Hon’ble Deputy Prime Minister bears this in mind in charting out the future course of action with regard to the Citizenship Act.’’ (Uncorrected page No. 681).

Sri Shankar Roy Chowdhury, independent member from West Bengal told, ‘‘Madam, I would like to convey further what Dr. Manmohan Singh has spoken about refugees. And it is an issue I had taken up with the Hon’ble Deputy Prime Minister. From Bangladesh, we are getting a wide varieties of people who are entering into our country illegally, all of them. Some are economic migrants whom you see all over the country, be it Mumbai, Delhi or Calcutta. Some are infiltrators, terrorists. But a large number of them are religious minorities facing persecution, Chakmas, Hindus, Buddhists, many of them. I earnestly urge the government....... minorities fleeing Bangladesh for the fear of persecution should be given citizenship and should be treated in a supportive and kind manner’’. (Uncorrected page No. 682)

In reply to the appeal  of the said Hon’ble Members of Parliament, Sri L.K. Advani declared in the house of the Parliament saying that, ‘‘Madam, I have taken note of what the leader of the opposition and Sri Shankar Roy Chowdhury have said, and I am fully in agreement with the views that they have expressed. Very often, in the past, we have faced this kind of situation when we have adopted an approach of that kind. There were various kinds of allegations made that are making discrimination between this and that, which we do not propose to do. We always say that the person who has to flee because of religious persecution is a refugee, a bonafide refugee, and he can not be regarded on par with the illegal immigrants who may have come for any reasons, even for economic reasons. If he is an illegal immigrant, he is an illegal immigrant. So, I take note of what has been said and endorse it.’’ (Uncorrected page No. 682)

Deputy Prime Minister Sri. L.K. Advani and the leader of the  opposition Dr. Manmohan Singh both agreed that there should be special provision in favour of the refugees from Bangladesh for granting citizenship of India to them, as they have faced persecution in that country. No other political party or individual member has opposed the proposal of giving special treatment to the Hindu, Buddhist, Christian people who are displaced from Bangladesh for the fear of persecution. It means the proposal of Dr. Manmohan Singh & Roychowdhury was accepted unanimously in the Parliament. Unfortunately no change had been done in the proposed Citizenship (Amendment) Bill ’2003 and it was passed as it was depriving crores of innocent people from citizenship rights of India. It may have happened by mistake or wilful savotage by the bureaucracts.

Due to The Citizenship (Amendment) Act’2003, the Bengalis will be the worst sufferer. There were more or less 70 Bengali Members of Parliament present in the both houses of the parliament but none of them, except Sri Roy Chowdhury, raised their voice protesting the said bill or they did not demanded special provisions for granting citizenship to the refugees from Bangladesh.

Bengalis, particularly the Dalit Bengalis living in West Bengal, Uttaranchal, Uttar Pradesh, Orissa, Andaman and Nicobar Islands, Maharastra, Chhatisgarh, Madhya Pradesh, Delhi, Bihar, Jharkhand, Assam, Tripura and in other parts of India will be the worst sufferer. There were more than 100 dalit MPs also, who were present in the Parliament but they did not raise their voice protesting the Bill. Even the MPs of RPI & BSP, the so called dalit parties, also played a role of deaf and dumb.

In the mean time, when the West Bengal State Unit of RPI and the Matua Maha Sangha approached to several MPs irrespective of parties, only Sri R.S. Gavai & Sri Ramdas Athawale, MPs from Maharastra raised the issue in both the houses of the Parliament and demanded special provisions in the said Citizenship (Amendment) Act’2003 in favour of the Bengali refugees (Mostly Hindus). Sri R.S. Gavai raised the issue in Rajya Sabha on 7the Dec. 04 through a Special Mention and Sri Ramdas Athawale raised the issue in Zero Hour in the Lok Sabha on 6th Dec’04.

Sri R.S. Gavai & Sri Ramdas Athawale, both raised the issue in their respective houses as follows :

‘‘The Citizenship Act’ 1955 was amended in last December’03. The Act. has described all the foreigners who have entered into India without a valid passport etc. as illegal migrants.

The minorities of Pakistan and Bangladesh are victims of partition of India. They were forced to come to India due to communal riots and communal tensions and naturally, it was not possible for them to collect passport etc. to come to India. As per the amendment of the said Act., the crores of refugees are also called ‘illegal migrants’ which is not justified.

In fact, during the time of partition, our National Leaders also made commitment to rehabilitate the refugees and now we can not deny it.

Therefore, my appeal through this house to the Govt. of India is to make a special clause in the Citizenship Act in favour of the refugees, so that, they may get citizenship of India and get rehabilitated.’’

Sri Shivraj V. Patil, Hon’ble Home Minister replied to the MPs Sri R.S. Gavai & Sri Ramdas Athawale on 10th Jan.’05 & 7th Feb.’05 respectively. The contents of both the letters are the same. The reply is as follows:—

‘‘Dear Sri Gavai,

Kindly refer to your notice over a matter of Urgent Public Importance (Special Mention) raised in the Rajya Sabha on 7th Dec.’04 regarding grant of Indian Citizenship to the refugees from East Pakistan (now Bangladesh) who are in India.

2.    The matter has been looked into. With the citizenship (Amendment) Act’2003 a new clause 2(1) (b) has been inserted which defines ‘illegal migrants’. These illegal migrants are not eligible for Indian Citizenship.

3.    However, I would like to bring to your notice that a decision was taken earlier to grant citizenship to the refugees from East Pakistan (now Bangladesh) who came to India before the cut off date of 25.03.71. Hence, the amendment to the Citizenship Act. has not bearing on granting citizenship to the refugees from East Pakistan who came to India at the time of partition.

With regards,                                                                                       Sd/Shivraj V. Patil

                                                                                                                    Minister of Home Affairs.’’

Now the Govt. of India pleading and maintaining a cut off date 25th March, 1971. Fact is that, the refugee problem in western side of our country i.e. the refugees who have come from West Pakistan, the problem is almost over. The problem is still pending in eastern side of the country i.e. the Bengali refugee’s problem still pending. In the year of 1971, the East Pakistan abolished and a new country Bangladesh was established. It was assumed that the Bangladesh will be a secular democratic country and the minorities of that country will enjoy equal rights & opportunity. They will be able to live in that country with peace, prestige & honour. With this hope, the Govt. of India, may have adopted the cut off date 25th March, 1971. But the fact is that, the Bangladesh is still a Muslim Country. The Hindus & other minority peoples do not feel them secure & save in that country. In fact they are also victim of injustices, live under pressure and feel insecured of their life, prestige & wealth. Thus they were forced to leave Bangladesh gradually and seek refuge in India. Naturally, imposition of the cut off date 1971 is not justified and should be lifted.

The vast number of peoples have been leaving East Pakistan & Bangladesh during the long period after partition of India. All most all of them have crossed the border in abnormal situations, for the fears of persecution. They have come to India enmasse. And it was not possible for most of them to collect passport etc. to cross the border. They have crossed the border without any valid document. Now, the Govt. of India has fixed the cut the date 25th March, 1971. But how the Govt. will separate the refugees who have come to India prior to or after the cut off date, 1971. In fact it is not possible as none of them has the proof of crossing the border.

The Govt. is asking for deed of land properties etc. as proof of their stay in India. There are lakh of poor peoples, they have come to India prior to 1971. But they became able to purchase a piece of land after 1971. Many poor refugees yet landless in India. On the contrary, educattionally & economically sound peoples used to stay at Bangladesh and many peoples still in Bangladesh, have purchased land prior to 1971. Just reaching to India they are showing the deed of land etc. and claiming that they have come to India long back. Thus the deed etc. can not be taken as valid document of their stay in India. Uneducated & poor peoples are the worst sufferer for the decision of the Govt. The Govt. should rethink on the point.

Historical Backgrounds

India was partitioned on communal basis by the Congress and the Muslim League. In accordance with the idea of Dr. B.R. Ambedkar placed in his book ‘Pakistan or Partition of India’ in 1940, the Pakistan was formed taking the Muslim majority districts of Bengal, Punjab and taking other Muslim dominated states. Dr. Ambedkar also proposed for total exchange of population to maintain peace & communal harmony in both the countries. His proposal was implemented in the western side of the country and the refugees problems are almost solved in that area. Dr. Ambedkar was also very much anxious for the problems of the minorities who were living in East Bengal & for the East Bengal refugees. In 1951, he wrote in his resignation letter from Nehru Ministry that ‘‘There are two grounds which have disturbed our relations with Pakistan—one is Kashmir and the other is the condition of our people in East Bengal. I felt that we should be more deeply concerned with East Bengal where the condition of our people seems from all the newspapers intolerable than with Kashmir.’’ The leaders of our country did not give proper attention to the proposals of Dr. Ambedkar in this regard and yet it stands burning problem for our country.

After the partition of India, both the governments declared the opportunity to the government employees to give option. A sizable number of upper caste Hindus were govt. employees and they opted for India. The most of the upper caste Hindus were comparatively economically solvent, literate, they had relatives in West Bengal & other such connections-communications. Therefore, they could leave East Bengal, their motherland immediately after the partition of India. But the Dalit Hindus could not. Most of them were illiterate, poor and they had no relatives or any other connection in West Bengal. They were all farmers & fishermen. They did not know any other job. Thus, it was very difficult for them to quit their motherland. Naturally, vast majority of them did not dare to leave the country all on a sudden.

Apart from the reasons mentioned herein above, the Nehru-Liaquat Pact was signed on 8th April ‘1950, which assured security to the minorities of East Bengal and made commitment to protect all their rights in that country. The Govt. of India also discouraged East Bengal minorities to cross border enmasse as the newly independent India was not capable enough to manage lacs of refugees and to rehabilitate them properly. There were lack of foods, shelters, medical treatment and other civic facilities. Many of the refugees also died on the railway platform, foot path and under the open sky without treatment.

The situation was so grave that the Nehru Govt. was forced to send two Central Cabinet Ministers Sri C.C. Biswas & Sri A.K. Chanda to East Bengal for restraining minorities from leaving the country enmasse and to make them understand about the Nehru-Liaquat Pact. The ministers advised them to try to live in that country peacefully and if, at all not possible, they assured that, the doors of India will be remained open for them for ever.

The minorities of East Bengal believed in the assurances of the Indian Govt. and tried to stay there. Many people are still there. Some of them could not live there for various reasons—they have faced persecution in that country and sought refuge in India.

In fact, various national leaders of India also assured the minorities of Pakistan for rehabilitation and to grant them citizenship of India at any time when they will come to India. Mahatma Gandhi declared in a prayer meeting on 26th September’1947 that—‘‘The Hindus and the Sikhs staying in Pakistan, can come to India by all means, if, they do not wish to continue there. In that case, it is the first duty of the Indian Govt. to give them job and make their lives comfortable’’.

Prime Minister of India Pandit Jawaharlal Nehru stated during the declaration of Independence that—‘‘We also think of our brothers & sisters cut off from us by political boundaries and who unhappily can not share at present in the freedom that has come. They are of us and will remain of us whatever may happen, and we shall be sharers in their good and ill fortune alike’’.

Dr. Rajendra Prasad, President of India declared in the oath taking ceremony that—‘‘We are anxious to rehabilitate displaced persons who have suffered and still suffering great hardships and privations’’.

Home Minister Sardar Ballavbhai Patel declared on 15th January, 1950—‘‘Bangladeshi Hindus & other minorities are our flesh and blood, who fought by our side in the freedom struggle can not suddenly become foreigners to us because they are on the other side of a line—they have a claim’’.

In the 1st week of January, 1964, the Govt. of India took the decision to seal the India-East Pakistan border so that, the refugees from East Pakistan can not enter into India. The total Bengali peoples of India raised voice against the decision of the Govt.. of India. One historical convention was held in University Institute Hall, Kolkata on 27th January, 1964 protesting the Govt. of India’s border seal decision. In the convention, among many other distinguished personalities Forward Block leader Hemanta Basu, RSP leader Tridip Chowdhury, Jansangh leader, Haripada Bharati, N.C. Chatterjee, Ex-Chief Minister Jyoti Basu were present. The convention unanimously opposed the decision of sealing border and demanded for withdraw the same order. It was decided there that those refugees already have come to India and those will come to India in future from East Pakistan, the Govt. of India have to take responsibility for their rehabilitation & to give them citizenship of India.

Next day of the convention, i.e. on 28th January, 1964, the then Central Minister Mr. Guljarilal Nanda, Mr. T.T. Krishnamachari and Mr. Meher-Chand Khanna, on behalf of the govt. gave a joint statement admitting the proposals and demands of the said convention.

Almost 65% of the total minority people of East Bengal have come to India so far. A small section of these migrated people i.e. Bengali people have been rehabilitated by the Indian Govt. in Andaman Islands, Orissa, Andhra Pradesh, Assam, Tripura, Maharastra, Chhatrisgarh, Madhya Pradesh, Uttaranchal, West Bengal and in some other states of the country. The refugees who have been rehabilitated out of West Bengal, almost all of them are dalits. They deliberately were given settlement in most hardship areas of this country. These refugees got rehabilitation, but formally they were not issued citizenship of India. The innocent people were not aware of citizenship and it’s importance. The Govt. also did not take special care to let them understand on the vital issue.

At the early stages of the rehabilitation of the refugees in Andaman, Koraput, Navrangpur, Malkangiri of Orissa, in other             parts of Danda Karanya, Nainital and in some other areas, the daily lives of the refugees were very tough & uncertain. Naturally a sizable number of refugee families were forced to move from one camp to another camp and even one state to another state camp for their survival, where their relatives, villagers or known persons were living. In the process, most of those families have lost their enlistment and refugee status. Some of their family members & their close relatives also have joined with the refugee families later on and naturally, their names were not enlisted in the original list of the refugees who have got rehabilitations, although these refugees have been living in the areas, out of West Bengal for more than 30 to 50 years. These vast number of refugees are now named as ‘Without’ and they are deprived of becoming voters and other rights of a citizen.

In West Bengal, most of the Upper Caste refugees have been rehabilitated at Kolkata & surrounding areas by forming new colonies. The State Govt. has developed those colonies properly where mostly upper caste peoples have been living. Some colonies in semi-urban areas near Kolkata where mostly dalits have been living, their conditions are very bad. In West Bengal, normally the dalit refugees have been living by the side of the railway tracks, roads & canals and in the interior villages for decades. The State Govt. has not taken any kind of initiative for their rehabilitation. Most of their names have not been included in the voter’s list. They have no ration cards. Some of them managed to get ration Cards, BPL cards & enlist their name in voter’s list. The authorities now deleting their names from the voter’s list even many of them have been arrested. The dalit refugees are mostly maid servants & daily labourers.

Recent Attacks on Refugees: An organization led by the upper caste people filed public interest litigation (PIL) in the Delhi High Court. The Delhi High Court & the Supreme Court of India has directed the state governments to identify the Bangladeshi and to deport them to Bangladesh. Delhi High Court has categorically directed the Delhi Govt. to find out at least 100 Bangladeshis everyday and to deport 3000 illegal migrants (Bangladeshi) in each month.

The BJP-BJD led Orissa Govt. has issued 1551 notices to the East Bengal refugees (All Hindus) living at Mahakalpara Block of Kendrapara district (Paradwip area) to quit India within 30 days from the date of receipt of that notice. It is mentioned there that otherwise the Govt. will forcefully deport them to Bangladesh with the help of police & BSF. Specimen copy of the notices :—

Government of Orissa

Home Department

ORDER

Dated, Bhubaneswar, the 18.12.2004, No. 55215  /PPT. In exercise of power conferred by clause (C) of Sub-Clause (2) of Section-3 of the Foreigners Act-1946 (Act No. 31 of 1946) read with Notification No. 418/56(1)(FI) dt. 19.4.1958 of the Government of India, Ministry of Home Affairs, New Delhi, the State Government do hereby direct that Bhabesh Biswas, son of Sudhir, a Bangladeshi National at present residing in the district of Kendrapara should quit India  within 30 (thirty) days from the date of service of this order on him/her failing which steps will be taken to deport him/her from India.

Address :

Vill - Ramnagar                                   Sd/- 04.12.04

Tehsil - Mahakalpara,                         Deputy Secretary to

Dist - Kendrapara                               Government

It is to be mentioned here that the govt. has not given any opportunity to the refugees to prove their claims, if any. The govt. has declared them Bangladeshi at their own whim. These refugees have been living in Mahakalpara Block for more than 45 to 55 years. The area was the worst victim of the super cyclone nearly 15 years back and the people have lost all of their documents in regard to their settlement etc. The records are with the govt. but the hostile authorities are not willing to findout those papers from the concerned govt. offices. Some of the names who have got the quit India notices are : (i) Sasadhar Sarkar, Vill: Kharinashi, Mahakalpara, (ii) Dipali Sarkar, Vill: Kharinashi, (iii) Sabitri Sarkar, Vill: Kharinashi, (iv) Gurupada Sarkar, Vill: Kharinashi, (v) Uday Sarkar, Vill: Hariabanka etc.

The same kind of notices also have been issued to the refugees of Navrangpur & Malkangirl districts in the recent years. From Navrangpur, Raygarh & Malkangiri district, 21 refugees also were deported to Bangladesh. (i) Sri Ashok Kharati of Navrangpur district, (ii) Sri Khokon chowdhury of Navrangpur district, (iii) Sri Anil Chandra Roy, of Amarkote (iv) Sri Anil Mistry of Raygrh district are among them. Specimen copy of the notices issued by the Navrangpur district authorities :

COLLECTORATE : NABARANGPUR

(JUDICIAL SECTION)

No. 162/VII2/2005 Judl.                                  Date : 27.01.2005

NOTICE

Sri Anil Chandra Roy

S/o. Narendra

Village : Dongrigoda

P.S. Umerkote

Dist. Nabarangpur

During enumeration of Bangladeshis staying in India, it has been found that, you have arrived from Bangladesh & staying in India from the year 1975. As per Govt. instructions, Bangladeshis who came to India after 16.12.1971 with valid documents or without valid documents but have stayed unauthorisedly should be deported immediately.

You are therefore directed to appear before the undersigned in his office room at Collectorate, Nabarangpur on 11.02.05 at 11.00 A.M. with all relevant documents in support of your stay for a detailed enquiry.

Sd/-

Additional District Magistrate

& Inquiring Officer

Nabarangpur

The notice have not been withdrawn but have been kept in abeyance due to personal intervention of the President and Prime Minister of India. Various peoples also have protested the order of the Govt. and the refugees also have been fighting against the govt. order. The policy adopted by the Orissa Govt. relating to Bengali refugees in the state in this regard will be clear with the following order of the Orissa Government.

Government of Orissa

Home Department

No. PPT (P) 60/2000 ————————————/PPT

Dated, Bhubaneswar, the 16th March, 2001

From

Shri B. K. Nanda, I.A.S.

Additional Secretary to Government

To

All Districts Magistrate

All Superintendent of Police

Sub :   Un-authorised entry and stay of Bangladeshi Nationals in India.

Sir,

Inviting reference of the subject cited above, I am directed to say that the instructions were communicated vide this office letter No. 36770 dated 10.07.96 and No. 36738 dated 10.07.96 and No. 19272 dated 14.4.98 wherein it was requested to the enumeration of Bangladeshi Nationals un-authorisedly staying in Orissa and submit result thereof to this Department for appropriate action. This was reiterated in D.O. No. 19805 dated 17.8.2000 of special secretary, Home Department, despite repeated requests no information in this regard could be made available to this Department. Difficulties are being experienced to formulate a reply when this issue comes up for discussion in the floor of the legislative.

In order to facilitate the enumeration the following guidelines may be kept in view.

The Bengladeshi Nationals who are presently staying in Orissa can be categorised into three categories:—

        1.     Bangladeshi Nationals staying in Orrissa before 25.3.1971. They may not be disturbed instead they may be asked to file application for grant of Indian citizenship.

        2.     Persons who came after 25.03.1971 or before 16.12.71 such cases should not be decided immediately to deportation. But their cases are to be referred to Government of India to take a decision at their level for eventual deportation.

        3.     Bangladeshis who came after 16.12.71 with valid document or without valid documents but have stayed un-authorisedly—such cases would be deported immediately in small batches. When such persons are identified the police would take appropriate action for their deportation after liaison with Boarder Security Force.

Needless to say that the continuance of un-authorised Bangladeshi entrants not only causes security threats but also drains the state exchequor.

It is, therefore requested that team should be formed with the Tahasil, Block and police staff for a vigorous detection drive of Bangladeshi Nationals staying in Orrissa so as to find out the un-authorised ones for their deportation and authorised ones for conferring Indian citizenship. The detection may be done with in a time scheduled depending upon magnitude of the work but in any case should not be delayed beyond 1st week of May.

Receipt of the letter may be acknowledged.

Yours faithfully

Sd/-

Additional Secretary to Govt.

Memo No. 15682/ Dated 16.03.2001

Copy forwarded to all revenue Divisional Commissioners for favour of information and necessary action

Sd/-

Additional Secretary to Govt.

Very recently, the Chief Minister of West Bengal, Comrade Buddhadev Bhattacherjee has declared that his govt. will not tolerate the refugees (illegal migrants) of Bangladesh any further as the refugees have changed the demographical equilibrium of the state.

Trinomool Congress leader Mamata Banerjee had resigned from the post of MP on 4th August, 2005 on the issue of illegal migrants from Bangladesh. (Anand Bazar 17th February, 2006.) The papers, she threw before the Dy-Speaker of Lok-Sabha, contained a list of voters of alleged Bangladeshi refugees (not muslims) of Gaighata Assembly Constituency of West Bengal. She is against enrolment of Bangladeshi refugees in the voter’s list and has declared continuous agitation to delete the names of Bangladeshi refugees, if any, from the voter’s list. In fact, they have been doing it. The various News paper reports also reveal the fact.

West Bengal State Unit of The Indian National Congress, and the BJP also raised voice to delete the names of the refugees of Bangladesh from the voter’s list.

It is reported in News Papers that in West Bengal more than 300 refugees have been arrested on the plea that they are illegal migrants under the Foreigners Act. 1946. On 9th February, 2006, Ananda Bazar reported that in Balagarh of district Hoogly, FIR were lodged against 80 refugees of which 7 refugees were arrested & confined them to jail. (i) Sri Manoranjan Bapari of Jeerat & (ii) Sri Santosh Golder are among them. In Yatrapur Panchayet, of Krishnanagar, Nadia district, 340 warrants were issued against the refugees and they were harrased like anything. They were forced to leave their homes for long time (Ananda Bazar 24.02.06). (i) Sri Ananth Debnath (ii) Sri Madhab Mondal (iii) Birat Mondal (iv) Radhika Ranjan Biswas (v) Manik Debnath are among the victims.

At Guskara of Burdwan district 85 warrants were issued against the refugees from Pakistan & Bangladesh of which 3 were arrested in 2009. They got bail from High Court, Kolkata after 10 months of detention in jail. The case still pending. The names of the refugees who were arrested are as follows : (i) Sri Sudhansu Biswas, Amdanga No-1 Colony, (ii) Sri Harakanta Barui, Urgram Kalitala, (iii) Keshablal Sana, Mahata, Sahebganj.

In Garbeta of Midnapore district Sri Kamal Saha, a senior leader of CPI(M) and Vice-President of Garbeta No. 3 Panchayat Samity was attested on the complaint that he is a Bangladeshi. (ii) Sri Bablu Saha & (iii) Tusar Saha were also arrested from that area on the same ground [Anand Bazar 5/3/2006]

It is reported in Ananda Bazar Patrika on 30.3.2006 that the secretariat of the Chief Minister of West Bengal sent a list of 423 alleged Bangladeshi to the superintendent of police, Nadia district for varification of their citizenship of India. The SP gave the report to Chief Minister after varification on 6th March, 2006 with the coment that most of the alleged persons are not Indian citizen. The police arrested 45 persons among them. They are the resident of Birnagar of Nadia district.

According to Election Commission of India, in the year 2006 during the ‘‘clean roll’’ action programme 12,98,000 names of the voters were deleted from the voters list. Most of them are Bangladeshi according to Election Commission. As per the statement of Debasis Sen, Chief Election Officer, West Bengal, in South Dinajpur 3.85%, in Nadia 3.83% of the total voters have been deleted. (Ananda Bazar dated the 23rd Feb 2006). Election Commission’s views that more names should be deleted from the voters list in West Bengal border areas.

It is reported in the News Paper on 3rd & 21st November 2010 (Bartaman Patrika) that the Minister of Home Affairs, Govt. of India has directed the West Bengal Government to form special Task Force in every district to find out illegal migrants and to arrest them for deportation to Bangladesh. For the purpose, the govt. of India directed the West Bengal State Govt. to build up concentration Camps in the border areas and funds also have been allotted for the purpose.

In the years 2009, the election Commission of India has published one statistical data in regard to ratio of Population and Voters of the Country (Ananda Bazar Patrika dt. 26th March, 2009). It reveals that in All India level out of 100 persons 67 persons are voters. The rest are the minors etc. But in West Bengal out of 100 persons only 58 persons are voters, i.e. 9 percent less than the All India average. According to 2001 census, the total population in West Bengal are 8.2 crores. It means 70 to 75 lacs adult peoples are deprived of from enlisting their names in the Voters list. Adding the minors etc. total 1.25 crores of peoples are on the verge of declared illegal migrants. At present the number has become about 1.5 crore.

In the state of Assam, the displaced persons from East Pakistan & Bangladesh are in deep sea. More than five lacs voters have been stamped as doubtful voters. Lacs of names have not been enlisted in the Voters list. Concentration or detention camps already been constructed and many of the doubtful voters have been confined in the camps/Jail. Some names of the persons who are under detention are :

1. Sukumar Sarkar – Kamrup (R), 2. Mrs. Kalyani Rani Choudhury – Kamrup (R), 3. Sri Satyaban Das – Gowalpara, 4. Mrs. Malati Das – Gowalpara, 5. Mrs. Malati Nath – Nagaon 6. Uma Biswas – Lakhimpur 7. Sri Bali Biwas – Lakhimpur, 8. Saindha Rani Biswas – Lakhimpur 9. Ganesh Dey – Lakhimpur 10. Smt. Sabitri Das – Gowalpara 11. Sri Amrit Das – Karbianglong 12. Sri Karna Debnath – Trisukia 13. Sri Pran Krishna Debnath – Kamrup 14. Sri Harekrishna Debnath – Kamrup 15. Sri Surendra Debnath – Nalbari 16. Smt. Godhuli  – Baksa 17. Sri Phanindra Mandal – Barpeta 18. Sri Sadhan Das – Nagaon 19. Sri Uttam Das – Gowalpara 20. Smt. Bashana Saha Das – Gowalpara, 21. Sri Banu Kr. Maitra – Gowalpara, 22. Smt. Safali Saha – Gowalpara 23. Sri Jadab Das – Kamrup 24. Smt. Niyati Das – Kamrup.

Some of the Doubtful voters have been deported to the India–Bangladesh no man’s land. Some names of the persons who were deported to the no-man’s land are :

1. Smt. Kamana Achariyee – Gowalpara 2. Smt. Parul Das – Darang 3. Sri Gowranga Das – Darang 4. Sri Sisir Das – Nagaon, 5. Sri Ramal Biswas – Morigaon 6. Sri Mihir Biswas – Paltanbazar.

In Assam 33 Tribunals have been constituted under Foreigners (Tribunal) order, 1964. The tribunal used to give notice to the doubtful voters for hearing and sending them to Jail/detention camp at ran-dum. In many cases, the doubtful voters are not getting any notice for hearing but the tribunal giving experte orders against the doubtful voters.

Most of them who are under detention, are poor and they can not appeal to the High Court. Some of them, who have appealed to High Court, the High Court is not granting bail to them. As a result, the innocent persons are under custody even upto two years. Fact is that, these refugees who are under detention have come to Assam from East Pakistan before 1964.

In Uttar Pradesh, Uttaranchal and in some other States, where Bengali refugees have been rehabilitated by the govt. of India with land and some other facilities, the refugees have not been given ownership right (Patta) of the land. They have  been given Lease Deed for 90 years. The competent authorities are not issuing them permanent resident certificates. The scheduled castes and scheduled Tribes among the refugees are not getting the facilities of SC & ST. Very recently, thousands of names of the refugees who have been living & rehabilitated during the period from 1960 to 1968, have been deleted from the voters list on the plea that they are not Indians. Particularly, this has happened in Kanpur Dehat district, Rampur district & in Pilbhit district.

 Some Relevant Points

The central govt. authorities have been demanding that there are one crore eighty lac illegal migrants (refugees) have been living in India, of which, according to Ananda Bazar Patrika dated the 18th Aug’98, one crore twenty lac refugees are living in West Bengal State (very recently in the month of Aug‘05, the same Patrika has told that the number is 80 lac). Further, according to survey of the Tata Service Ltd. in the year of 1992-93, one crore twenty seven lac Indians have left India for foreign countries like Marishas, South Africa, Gayena, Surinum, Trinidad & Tabago, Malayasia, Kuwait, Oman, Katar, Soudi Arabia, UAE, Figi etc. After plus-minus, the result is almost zero. Some people of the country have gone out for various reasons and some also have entered into the country. It is an universal process and happens all over the world. It can be controlled but can not be stopped.

The Chairman of the Refugee Rehabilitation Committee, West Bengal, Sri Samar Mukherjee placed a report on 31 Aug, 1981 in regard to the refugees who have come to West Bengal before 1971. He gave district wise break up and we come to know from the statistics, that a total number of 55,33,980 refugees were living in the state of West Bengal. The rate of growth of population in our country is more or less 20% in every 10 years. If we Calculate, then will see that the 55 lac refugees are now increased to more than one crore by this time. Therefore we can come to the conclusion, that, after 1971, very few numer of refugees have crossed the border to enter into India which is not at all alarming to our Country’s development.

If we consult with the Census Report of our country in this regard, we see that, during the period from 1951 to 1961, the average rate of growth of population in India was 21.51%. where the rate of growth of population in West Bengal was 32.80%. This 11.29% excess growth of population in West Bengal happened due to inflow of refugees from East Pakistan. During the period 1961 to 1971, the excess growth of population in West Bengal reduced to 2.07%. Then the 1971, the disputed period starts. It is claimed that huge number of refugees have been coming from Bangladesh to India and the demographical equilibrium of West Bengal has changed. The chief Minister of West Bengal Com. Buddhadav Bhattacharya, has declared that his Govt. will not tolerate the refugees. Interestingly, when we go through the Census Report of our country, we see that the excess rate of growth of population in West Bengal during the period from 1971 to 1981, 1981 to 1991 and from 1991 to 2001, further reduced to 1.49%, 1.05% & almost zero respectively. The statistical date proves that the flow of refugees from the date of partition to till today has gradually reduced and now it is almost zero. If we consult the Census Report of Bangladesh, we see that, in 1947 there were 27% minorities in Bangladesh which reduced to 13.5% in 1971 and now, there are 10% minorities in Bangladesh i.e. from 1971 to 2005, during the last 35 years, only 3.5% minorities of Bangladesh have left Bangladesh which also justify the Indian Statistics.

If we take the accounts of the total number of refugees in India as stated above and the rate of excess growth of population in West Bengal, it will accurately tallied. Hence, when the refugee problem is almost overcomed, then, why the govt. of India has enacted the disputed clauses of the Citizenship (Amendment) Act’ 2003 or Com. Buddhadev Bhattarcharjee, Mamata Banerjee, BJP and other leaders jointly have been raising their voice against the Bengali refugees?  Here lies the mistery! It is nothing but to harass and terrorise the refugees who have come comparatively later i.e. the Dalit Hindus. Even the dalits who came earlier, they could not collect citizenship registration-certificates, birth certificates of their children and other relevant documents, as they were illiterate, innocent, they had no connection with the administration and political personalities, they used to stay in the extreme interior areas and had no money & capability to approach to the proper authorities in urban areas, are also in problem. Moreover, they had not any such awareness of necessity of those papers. Naturally, these dalits will be the worst sufferer for the said The Citizenship (Amendment) Act’2003. The govt. has completed the survey of the Pilot Project works in Jiyaganj & Lalbagh block of Murshidabad district, WB in regard to ascertain the original Indians and the illegal migrants. For the purpose, 19 different documents were asked for, from the peoples, of the area. According to Hindusthan Times Patrika, 90.60% of the population could not show even a single document. It means, original people of the country, particularly Dalits & Muslims also will be in danger. They may not be issued National Identity Cards AADHAAR.

During the last few years, the dalits have been raising their voice for achieving Political Power of India–‘Vote Hamara, Raj Tomara, Nehi Chalega’ etc. which may have created panic among the minority upper caste peoples of West Bengal and thus, they have started taking defensive measures for continuing their undemocratic capture on all spheres of the state powers.

Inspite of the Citizenship (Amendment) Act’ 2003 the Home Minister Shri Shivraj V. Patil has informed Sri R.S. Gavai, M.P. & Sri Ramdas Athawale, MP in the letters dated 10th Jan 2005 & 7th Feb’ 2005 that they may maintain the cut off date of 25th Mar’71, as the decision was taken earlier to grant citizenship to the refugees who came to India before the cut off date.

If so, then why 1971 will be the Cut off date? Has the Parliament of India amended the Constitution in this regard during the period 1971? The answer is ‘no’. In regard to Citizenship, the constitution was amended in the year of 1957, 1960, 1985, 1986, 1992, 2003 & in 2004 and no where any such cut off date 25th March, 71 is mentioned in those amendments. A pact was signed between the govt. of India and the govt. of Bangladesh which is called as Indira-Mujib Pact. In accordance with the spirit of the said Pact, the govt. may have imposed some restriction to issue Citizenship to the refugees from Bangladesh, but the then govt. has not enacted any law on that behalf. So, why the central, as well as state govt. are so rigid to implement the cut off date 25th March 1971?

It was expected that in the newly created country Bangladesh, the minorities of that country will be freed from persecution. But, practically it was not happened. The overall condition of the minorities of that country are almost the same, as was in East Pakistan. It is just the name of the East Pakistan has been changed to Bangladesh. Now, it is a Muslim country and not secular. The Muslim fundamentalist forces and anti Hindu-Buddhist elements are gradually increasing in the country. Naturally, the minorities are afraid of and they were forced to flee to India for the sake of their lives & prestige. The govt. of India, is totally failed to take appropriate diplomatic steps for the security of the minorities of that country, so that, they could live there with peace and harmony.

On the other hand, those refugees have come to India immediately after 1971, they have been living in this country more than 40 years. They have taken part in building up this country during this long period. They are patriot & loyal to India. Why will they not be given citizenship of India & will not be rehabilitated properly? They are the victims of prtition of India for which their consents were not taken. The leaders of this country took the decision of partition of India at their own whim and for their own interests.

These refugees have been living in this country for long times. They have no connection with Bangladesh. Now, if, they are forcefully deported to Bangladesh, then how they will maintain there in Bangladesh! It is a question of humanity. Will not the India govt. think on this point?

If the refugees were pushed back to Bangladesh immediately after they entered into India, they would have faced comparatively less hardship. If the govt. of India did so, then, a message also would go to the minorities of Bangladesh that the India govt. will not give them shelter and naturally, whatever may happened to them in Bangladesh, the minorities would not cross the border. They would must try to stay there by any means, even by converting themselves to Islam!

After 1971, those children born in the refugee families are now young of around 40 years. They have not even seen Bangladesh. Most of those youth have become parents now. (Most of them have no birth certificate.) These two generation refugees may not be recognized as Indian Citizen as per the Citizenship Act of India, but certainly those people who have born in India are not Bangladeshi Citizen. Then why the Indian govt. have been trying to deport them to Bangladesh–the country which their forefathers have left for the fear of persecution. Is it justice to them? Why the Indian govt. will not try to send them in any other country except Bangladesh & Pakistan? Be it in America, Canada, Norway, England, French, Japan or any other Country!

It is clear from the recent bi-partite negotiations with the Bangladesh govt. that, they are not admitting these peoples as citizen of their country. In fact, Bangladesh is not wrong on their point. Because majority of the refugees have born in India during these long time of stay in India.

Bangladesh will never accept these vast number of refugees. It is not possible for a small & weak country like Bangladesh to take responsibility for rehabilitation of these crores of people & to make their lives comfortable. In such a situation, it seems that the govt. of India has targeted to make those refugees i.e. the dalit refugees as second class citizen of India, even without citizenship & voting rights. They may have been given a different colour identity cards rather than deporting them to Bangladesh, so that, they may stay in India and can survive as maid servants & day labourers. In such a condition, no country of the world will be of their own country! They will be country less peoples, which is ultra violation of the proposal of the United Nations No. 217 (3) dated the 10th December, 1948. This situation may create a second Palestain in the area.

It is propagated that a huge number of Muslims are also entering into India from Bangladesh of which some are economic migrants & some are terrorists. These statements are partially correct. The Hindus are not willing to go to Bangladesh and for the same reasons, the Muslims of Bangladesh also normally not interested to come to India. A very few number of Muslims  have come to India who are wretchedly poor. They come and most of them also go back to their mother land. If some of them are able to manage a permanent source of Income in India, try to settle in India. They are very few. This economic mirgration is not only a problem of our country, the nature of this problem is a global phenomena. Everywhere in this world we will see these economic migrants. It can not be stopped totally, but should try to control and for the purpose, govt. has the right to take proper action as per law.

Migrated Muslims, except those have come to India long back, never have raised their voice for granting them citizenship of India. In case of terrorist attacks on Indian Parliament Bhawan, in the temple of Gujrat or at Ayodhya or even in Kolkata attacks, no Bangladeshi Muslim or Bengali Muslim has been identified or proved guilty. Actually, the main objective of the propaganda against the Muslim is to create hatred to the Muslims and on the plea of infiltration of Muslim, the Brahminical forces have been defying to issue of citizenship to the Dalit Refugees and they are enacting laws on that aim. The target of such kind of propaganda is both the Muslims & the Dalits.

According to the Anand Bazar Patrika dated the 21st January, 2010 under the chairmanship of Chief Minister Buddhadeb Bhattacherya, it was decided to form a 7 members Cabinet committee to monitoring the work of issuing National (unique) Identity Card – AADHAAR. In the national level under the leadership of Prime Minister Dr. Manmahan Singh, similar Cabinet Committee is already formed—the Patrika reported. It is assumed that the refugees from Bangladesh will not be issued the National Identity Card ‘AADHAAR’ and they will be deprived of all kinds of Civic Rights in India.

Not only the refugees from Bangladesh, also refugees from Pakistan and even a sizable number of Adivashis in West Bengal also will not get the ‘AADHAAR’ cards.

Refugee’s Movement

Once upon a time, the CPI, CPI (M) and other left parties took up the issues of the refugees. In fact, those parties got ground under their feet with this refugee movements and ultimately captured the political power of West Bengal State for a short period in 1967 and finally in 1977. With this movement most of the upper caste refugees were settled & rehabilitated in Kolkata & surrounding areas of Kolkata. But the Dalit Bengali refugees were sent to areas of hardship out of West Bengal. Those Dalit refugee families, who did not agree to go out of West Bengal, were sent to remote areas of West Bengal without proper rehabilitation or they were forced to live along side the railway track, roads and canals.

In 1979, when the left front was in the state power, a section of the Dalit Bengali refugees came back to West Bengal from Danda Karanya for their survival and tried to settle themselves at their own in Marisjhanpi, an extreme interior area in Sundarban, without any kind of govt. help. Unfortunately, the govt. of West Bengal led by Com. Jyoti Basu launched brutal attacks on the refugees killing hundreds of innocent children, women, old men & others. Even the govt. blocked drinking water supply & imposed economic blockade on them for weeks before the brutal attack.

Since then, in essence, the ruling left parties are opposing the interests of the refugees and the govt. has done nothing infavour of the refugees. Other opposition parties are also indifferent to the interests of the Dalit Refugees.

No political parties including BSP is ready to take up the issue of the refugees. The refugees are not also well organised. Under the situation, naturally, the sufferings of the refugees are gradually increasing.

Some refugee’s organisations are also there. They are so week that those can be called paper organisations. They have been trying undoubtedly, but could not organise any such effective movement. Recently, they have formed a joint forum of the organisations in the name of ‘All India Refugee Front’. The leaders of the front claim that it is a non-political organisation, but in fact, the said forum is guided by the RSS-BJP–the party which moved The Citizenship (Amendment) Bill, 2003 in the parliament. Therefore, the front is a useless organisation to the refugees. This front can do nothing in favour of the refugees but only to misguide the movement.

The RPI West Bengal State unit is serious to the issues of the refugees. But their organisation is weak in the state. They could not organise any such movement to reckon with, except organising some seminars, writing letters & other such kinds of publicity movements. A delegation of RPI consisting of Sri Ramdas Athawale, MP & Sri S.R. Biswas, West Bengal state president met the Prime Minister Dr. Manmohan Singh on 26th August 2004 at New Delhi. Dr. Singh listened to the problems of the refugees and told, ‘‘I myself is a refugee and feel the problems of the refugees of East Bengal from the core of my heart. I shall try to my level best to do for the refugees.’’ On the day a letter written by Sri Athawale, MP was handed over to the Prime Minister, as follows :

To

The Hon’ble Prime Minister of India

South Block,

New Delhi.

Date: 26.08.2004

                        Subject :          Problems of the refugees from

                                                East Bengal

Respected Sir,

With regards, I want to state that, some refugee organizations and prominent personalities of West Bengal met me in the recent past and expressed their concern in regard to the amendment of the Citizenship Act. 2003 where no special provision has been inserted for the refugees of East Bengal who are displaced from their mother land due to partition of India and subsequent political disturbances.

Most of the refugees are down trodden, illiterate, poor, innocent and are not in a position to fulfil the conditions for being citizen of India as directed in the recent amendment, though the one crore displaced persons are real refugees from East Bengal and are entitled to the citizen of India as declared by our National Leaders at the time of partition of India and signed pact.

If we see the problem from the eye of humanity, we can not refuse them citizenship as they have no root in East Bengal since long. In fact, the refugees are in this country for three generations.

Therefore, my humble request to you to reconsider the Citizenship Act once again and one special provision to be framed in favour of the refugees from East Bengal, So that they are recognised as the citizen of India.

With regards                                                    Sd/Ramdas Athawale

                                                            Member of Parliament (L.S.)’’

The refugees of various states have been fighting for various demands since their rehabilitations. Many refugee leaders have sacrificed their whole life in the struggle for the betterment of the refugees life standard. Late Pulin Kumar Biswas, Sri Satish Ch. Mondal & Late Amiya Kumar Das, Late Rangalal Golder, Late Raiharan Barui were the poineer of them. Now a days, the refugees of Nainital in Uttaranchal have been fighting against the move of the govt. to make them second class citizen by formulating some new principles in regard to enlistment of voters in the voter’s lists. The refugees have created a new history in the movement by gathering lacs of refugees in those meetings. They marched to Delhi several times to get their demands solved.

Various social & employees organisations of dalits, small political parties & the refugees organisations have also tried to come together to fight unitedly for the betterment of the refugees, but failed. In the situtation, last year in the month of Oct’04 Sri S.R. Biswas went to the Sridham Thakurnagar Thakurbari and placed the proposal to the ‘Matua Maha Sangha’ founded by the great leader Guruchand Thakur to lead the movement for the citizenship & rehabilitation of the refugees, as most of the refugees belong to Matua. The general secretary, Matua Maha Sangha gave their consent. Respectable Chief Advisor of Matua Maha Sangha, Smt. Bina Pani Thakur (Barama), Sanghadhipati Sri Kapil Krishna Thakur also declared their willingness to the struggle. It was decided to launch ‘Hunger Strike unto Death’ at Sridham Thakurnagar Thakurbari on & from 15th Dec. ’04. 21 Matuas & others took part in the historical Hunger Strike unto Death for achieving justice to the refugees by further amending the Citizenship Act 1955. The age of the seniormost participant of the hunger strike was 84 years. He was Sri Haripada Mondal. Unfortunately, he is no more with us. The participants are 1. Sri S.R. Biswas (51), 2. Sri Pagal Sanatan Roy (81), 3. Lt. Ganapati Biswas (74), 4. Sri Tarapada Bairagi (75), 5. Sri Sumanta Biswas (69), 6. Sri Jagadish Ch. Biswas (56), 7. Sri Samir Kirtonia (45), 8. Sri Binoy Roy (76), 9. Sri Sushanta Malakar (42), 10. Sri Manindra Nath Mistry (30), 11. Sri Prafulla Sikder (50), 12. Sri Haripada Mondal (84), 13. Sri Mrityunjoy Mallick (25), 14. Sri Golak Biswas (30), 15. Sri Pramatha Ranjan Roy (65), 16. Sri Rabindra Nath Nayak (42), 17. Srimati Kalyani Thakur (39), 18. Sri Nirmal Ch. Biswas (58), 19. Sri Sunil Majumder (35), 20. Sri Sunil Mondal (48) & 21. Srimati Mayanamati Thakur (60).

The hunger strike continued for 7 days. Every day more or less 20 thousand Matuas & others were participated in the struggle. Even in every night, inspite of extreme cold, five to six thousand Matuas, both men & women had accompained the strikers. When the Matuas were on hunger strike, Sri Ramdas Athawale, MP, met the Prime Minister in Delhi & apprised him in details about the struggle. Sri Athawale reached at Sridham Thakurnagar Thakurbari on 21st Dec 04. He informed details of the discussion with the Prime Minister and appealed to the Matua Mahasangha to withdraw the strike at that stage.

The leaders of the Matua Maha Sangha discussed among themselves and decided to respond to the appeal. The Hunger Strike was called off. The govt. administration & police forces tried to break the movement forcefully, but the Matuas successfully foiled the ill move of the govt. More than one & half lac peoples were gathered when the Hunger Strike was called off on 21st Dec’04.

Immediately after the hunger strike is over, a group of Matuas came to Shridham Thakurnagar Thakurbari from Mahakalpara block of Orissa & they informed that they had been issued notices to quit India. They heard about the Hunger Strike & Naturally they sought help from Matua Mahasangha in their acute problem. Matua Mahasangha sent Sri S.R. Biswas to Orissa to observe the ground reality and to guide them suitably.

In the mean time ‘Utkal Bangia Suraksha Samity’ was formed there. They also started movement against the decision of the Orissa Govt. Sri Narayan Halder Sri Sailen Mondal & Sri Bijoy Sukla were the main leader of the Samity. They played a very good role. When Sri Biswas, reached there, the Matuas of that areas under the leadership of Rajkrishna Babu joined the movement and it got momentum. Nemai Chandra Sarkar, MLA, Orissa, also took important role in the struggle.

As assured during the period of hunger strike, the Home Minister Sri Shivraj V. Patil met the delegation of the Matua Mahasangha on 9th March ’05 in his office at New Delhi, Sri R.S. Gavai, MP, Sri Ramdas Athawale, MP, Sri S.R. Biswas, Sri Kapil Krishna Thakur, Sri Pagal Sanatan Roy & others were the members of the delegation. After 20 minutes long discussion, the minister was convinced with the arguments of the delegation and assured saying that ‘‘we will not kick them (Bangladeshi) out. Let us think how it can be materialised.’’ Prime Minister of India, Dr. Manmohan Singh met the delegation on 11th March’05 in his office at Parliament. He told, ‘‘I raised the issue in the Rajya Sabha as leader of the opposition, when the bill was moved. Now, I become the Prime Minister, so, it is my moral duty & responsibility to get it done. We will abolish the cut off date 25th March 1971.’’ Yet the assuarances of the Honble Prime Minister Dr. Manmohan Singh be implemented/materialised.

Under this situation, Sri S.R. Biswas took initiative. Sri Ramdas Athawale (M.P), Sri R.S. Gavai MP & Sri S.R. Biswas met the Home Minister Shri Shivraj V. Patil in his office at New Delhi again on 20th December’05. He informed the delegation that the Prime Minister has told him twice to do something for the benefit of the Bangladeshi Refugees. According to Sri Patil, he alone can not do anything in the matter, without the help of Laws Ministry. But Law Ministry is silent on the issue. He told that only Prime Minister can co-ordinate to get the issue materialised.

At that time the MPs also handed over letters to the home Minister & Prime Minister of India. The letters are as follows:

To                                Date: 15.12.2005

Shri Shivraj V. Patil

Hon’ble Home Minister

Govt. of India

North Block

New Delhi

               Subject :    Granting Citizenship to the refugees of East

                                Pakistan & Bangladesh

Respected Sir,

This has reference to my special mention dated the 7th Dec. 2004 and your subsequent reply to me dated the 10th January 2005 and the discussion, we had with you in your chamber at New Delhi on 9th March’2005 on the captioned subject. In this connection, I would like to remind you that, in the meeting, you assured to protect the interests of the unfortunate refugees from Bangladesh by saying ‘‘we will not kick them out who have faced persecution in that country.’’

But still the citizenship problem of the refugees from East Pakistan & Bangladesh is pending. The competent authorities have been denying to enlist the names of the refugees in the voter’s list, even, name already have been enlisted in the voter’s list, the authorities have been deleting the names from the voters list on the plea that they are ‘illegal migrant’. The refugees are also denied scheduled caste certificate, ration card, admission to the govt. aided school/college etc.

It is to be mentioned here that Hon’ble Dr. Manmohan Singh also argued in Rajya Sabha on 18th December 2003 for granting citizenship to the refugees, who have come from Bangladesh, i.e. who have come to India after 1971 facing presecution in that country. A Xerox copy of the proceeding is attached herewith for your ready reference.

Therefore, I request you to initiate appropriate steps, so that, the unfortunate refugees from East Pakistan & Bangladesh may be granted citizenship of India.

I solicit your kind co-operation in this regard.

With thanks.                                         Yours Sincerely,

Sd/ (R.S. Gavai, MP)

To,                               Date: 21.12.2005

Dr. Manmohan Singhji

Hon’ble Prime Minister of India

New Delhi

               Subject :    Granting Citizenship to the refugees of East

                                Pakistan & Bangladesh

Respected Sir,

With reference to the discussion, we had with you in your chamber at New Delhi on 26th August 2004 & on 11th March 2005 and letter addressed to you dated the 15th Dec.’05 on the captioned subject, I would like to draw your kind attention to the fact that facing presencution in Bangladesh, who were forced to sought refuge in our country after 1971, have been living in this country for more that 20/30 years. They have no connection with Bangladesh. Their Children & grand children have born in India & they, even not seen Bangladesh. Therefore, they may not be called Bangladeshi at all.

These lakhs of refugees are victim of partition of India on religious basis for which their consent were not taken. Thus, if, these unfortunate refugees who have been living in this country for long years, are denied citizenship of India it will be a great injustice to them and it is also violation of humanity, since these vast number of refugees, in such a case, will be stateless.

I am also to remind you that on ground of humanity, only you & hon’ble member Sri Shankar Roychowdhury took up the issue in the Parliament at the time of discussion on 18th Dec. 2003 in favour of the refugees for granting citizenship to the unfortunate refugees of Bangladesh. For your ready reference a xerox copy of the proceedings is attached herewith.

Under the circumstances, I request your kindness to look into the serious issue personally & instruct to the appropriate authorities to initiate steps for granting citizenship to the refugees from East Pakistan & Bangladesh.

With thanks                              Yours Sincerely,

Sd/ (Ramdas Athawale, MP)

General secretary of All India Forward Block Sri Debabrata Biswas MP wrote letter to the Prime Minister for granting citizenship to the refugees from Bangladesh on 09.04.2005 & Ram Chandra Dom, MP wrote letter to Prime Minister on 15.07.2004 in this regard.

By this time, at the instruction of the Election Commission of India, the concerned authorities started deleting names of the refugees who have come to India after 1971. Some of them also have been arrested. Generally the Trinamool Congress & BJP have been complaining to the Election Commission & identifying the refugees who have come to this country after 1971 & the CPI(M) is mere spectator and thus helping the process. In some cases the CPI(M) also have made complaint against the refugees on the plea that they have come after 1971.

In this grave situation, ‘Bangladeshi Udbastu Nagarik Adkikar Manch’ was formed. A convention was held at University Institute  Hall at Kolkata on 7th March, 2006, where MPs, prominent political leaders, leaders of the human rights organisation, social organisations and religious leaders were present & refugees from all over the country attended the meeting.

The Matuas of West Bengal arranged a big meeting at Thakurnagar Thakurbari on 5th December, 2009, at the hope that Srimati Mamata Banerjee, Railway Minister & leader of Trinamool Congress will declare to help the refugees in their struggle for achieving citizenship of India. At least one lac peoples were gathered to hear from Mamta Banerjee. But she refused to say & do anything for them in regard to citizenship. Mamata Banerjee was the only leader & only his party was invited in that big meeting.

A big convention against the citizenship (Amendment) Act. 2003 was held at Balaka Hall, Bamangachhi in the year 2009. A Committee in the name of Sanjukta Udbastu Nagarik Adhikar Sangram Committee’ was form. The committee was formed taking many important personalities & Political Leaders. They are as follow :

Sukrity Ranjan Biswas (Convenor), Aditya Roy, Haripada Biswas, (MLA), Dr. Sumantra Hira (Ex-MLA), Santosh Rana (Ex-MLA), Manik Samajder, Moulana Siddhikullah Chowdhury, Advocate Kazi Safiuddin, Mufti Rafiqul Islam, Nakul Hira, Kumud Biswas, Joyanta Biswas, Manindra Nath Samaddar, Santosh Kumar Mazumder, Birat Chandra Sen, Jiban Krishna Mazumder, Ajoy Bagchi, Saroj Mondal, Md. Abdur-Rab-bin-Ismail, Md. Jaforulla Molla, Ranjit Sarkar, Ajit Sarkar, Alok Hazra, Arun Bhattacharya, Md. Morad Hossain, Pannalal Roychowdhury, Advocate Smt. Pranita Mondal, Shibapada Mondal, Kalipada Sarkar, Dr. Jagdish Halder, Dr. Ashok Mallick, Milan Mondal, Advocate Kumud Biswas, Smt. Sandhya Nayek, Subhash Chandra Roy, Chanchal Debnath, Dr. Debasish Mazumder, Samir Das, Dr. Ujjal Biswas, Jagannath Mukhopadhyay, Amullya Bharma, Samudra Biswas, Amal Roy, Prof. Imanul Haque, Arun Maji, Niranjan Halder and Dr. Upen Biswas.

In the mean time it was reported in the News Paper that the govt. of India has directed the West Bengal State Government to findout illegal migrants and deporting them to Bangladesh. For the purpose, to form special Task Force in all district level and to build up concentration camps in border areas for detaining the refugees. (Bartaman 3.11.2010 & 21.11.2010).

Refugees & democratic peoples of West Bengal started raising voice against the decision of the govt. A big rally of more than one lac peoples gathered at Kolkata Metro Place. Various organisations and peoples unitedly arranged the meeting under the banner of Matua Mahasangha. The Matua Peoples were the major force of the gathering. Barama of Matuas was present & lead the movement.

Bara Babu Sri Kapil Krishna Thakur, Chotto Babu Manjul Krishna Thakur also were Present and delivered Ashirbad speech. On behalf of Matua Mahasanga & other Participants, Sri Sukriti Ranjan Biswas explained the problems of the refugees in India, the constitutional position, role of Political Parties & the govts. and call the masses to fight against the injustice, until the Problems  are solved.

On behalf of Left Front government, Minister Gautam Deb, Pradesh Congress President Dr. Manas Bhunia MLA, Haripada Biswas MLA, Tathagata Roy, BJP and others delivered lectures. They promised that they and their MPs will approach jointly to Prime Minister & others to solve the citizenship right problems of the refugees from Bangladesh.

By this time Pradesh Congress President Sri Manas Bhunia has written a letter to Prime Minister of India. The other Political Parties yet to move for fulfil their promises. Trinomool Congress general Secretary and Central Minister Mukul Roy, Gobinda Naskar, MP & others came on the dias but they did not say anything. They left the dias, reason best known to them.

The letter to The Prime Minister of India by the West Bengal Pradesh Congress is :–

10 January, 2011

Dr. Manmohan Singh

Hon’ble Prime Minister of India

South Block, New Delhi-110001

Respected Prime Minister Dr. Manmohan Singh.

A peculiar situation involving several millions of people living in West Bengal for now more than several decades has arisen in the context of consequences of implemention of the provisions of the Citizenship (Amendment) Act 2003. The Amendment to the Citizenship Act of 1955 was carried out by the NDA Government in 2003. The major objective of the Amendment was to make provision for dual citizenship. However, the Amendment carried out certain fundamental changes with regard to the definition of the ‘‘illegal migration’’. Under the Amendment, the people from erstwhile East Pakistan as well as Pakistan at the time of Partition who are presently in India can be dubbed as illegal migrants. The common understanding as well as the stated position of the Government of India is that those who have entered India before 25 March 1971 from East Pakistan / emerging Bangladesh are for all practical purposes accepted as Indian citizens. This has been at the heart of the understanding of the question of illegal migration in India.

It seems that the Amendment was carried out in a most hurried manner even when the then Leader of the Opposition in Rajya Sabha Dr. Manmohan Singh had made a request to take into account the plight and situation of people from East Pakistan / Bangladesh. Suprisingly Mr. L.K. Advani the then Minister for Home and Dy. Prime Minister, accepted the suggestions of Dr.  Manmohan Singh in his speech. However, the Bill was passed as an Act without duly reflecting the consensus between the mover of the Bill. Mr. Advani, and the Leader of the Opposition. All these are part of the proceedings of the Parliament.

Now the National Register of Citizenship is being prepared and efforts are underway to identify and empower the nationals for the purpose of Registration and unique identification. The dilemma for millions of people has started in the process. The people who had come to India before 25th March 1971 could become illegal migrants under the provision of The Citizenship (Amendment) Act.

This is a very serious development which affects and impacts millions of people and at any point of time it would spark a political and legal controversy. Here is a case where an Act of Parliament stands in complete contradiction with the common understanding and yet other statutory provisions.

Mr. Shivraj Patil, who succeeded as Home Minister in the UPA Government-1, has categorically stated in a official communication—‘‘a decision was taken earlier to grant citizenship to the refugees from East Pakistan  (now Bangladesh) who came to India before the cut off date of 25.03.1971. Hence the Amendment to the Citizenship Act has no bearing on granting citizenship to the refugees from East Pakistan who came to India at the time of partition.’’

Under the circumstances, there is a clear case of carrying out of a suitable Amendment to the Citizenship Act 1955 as it stands today to correctly reflect the legal position. The decision on the most necessary Amendment to the Act in this respect may also include and cover the difficult and vexed issue on the status of people who may have come to India after 25 March 1971 and whether a case exists for regularization of their de facto living existence of Indian territories.

It may be pointed out that Matua Community in West Bengal is very aggrieved and agitated over the issue. Recently on 28th December, 2010, more than one lakh people assembled in Kolkata and demanded that discrimination reflective in the defective 2003  Amended Act must be corrected.

We request the Central Government to look into the matter and hold urgent consultation with a view to carry out the needed Amendment to the Citizen Act.

We also request you to kindly spend some time to a WBPCC delegation to call on you to draw your kind attention on the subject.

With regards.

                                                                Yours faithfully

                                                                         Sd/

                                                       (Dr. Manas Bhunia, MLA)

                                                             President, WBPCC

Enslosed : 1. Relevant portion of proceedings of Rajya Sabha

               2. Letter of Mr. ‘Shivraj Patil, Union Home Minister.

In the mean time West Bengal Assembly election was held. The left front has promised in their Elction Manifesto to fight against the Central Govt. for giving citizenship to these refugees from Bangladesh. The Congress also has mentioned the citizenship  problems of the refugees and has written against The Citizenship (Amendment) Act; 2003 in their Election Manifesto. The Trinamool Congress has written just four words for the refugees ‘Udbastura Samajik Naya Paben’ (refugees will get Social Justice). Nothing more than that. Whatever may be the promises, the political parties are still silent on the refugees problem.

The ‘Lok Jana Sakti Party’ under the leadership of Shri Ram Vilash Paswan, MP has decided in a meeting of the party in Puskar, Rajasthan on 31.08.2008 for fighting for the citizenship of the refugees from Bangladesh (report of Bartaman Patrika on 1st September, 2008).

Under the circumstances, a convention was held at Moulali Yuba Kendra, Kolkata on 7th September, 2011. All most all the refugee organisations, Social Organisations, religious organisations, civil rights organisations, SC/ST employees organisations and little magazine groups of West Bengal and prominent personalities & small political party leaders attended the convention. They  jointly have formed a committee namely The joint Action Committee for Bangali Refugees’’. They will jointly fight for the citizenship rights to the refugees from Bangladesh who were forced to leave that country for the fear of persecution, i.e. for the Hindus, Buddhists & Christians.

‘Hunger Strike unto Death’ struggle & demonstration programs on 28th November, 2011 will be held at Delhi under the banner of Joint Action. On 22nd November 2011 one Aain Amanya Andolon also will be held at Kolkata.

One similar joint Action forum also have been formed in Assam State in the in the name ‘Legal & Human Rights Protection Forum (for Partition Victims)’ under the leadership of Advocate Sahadeb Das and chief of Bangali Tiger Force (BTF) Rabin Biswas, MLA. Both the Forum thinking & discussing to fight Jointly to make success the programme in Delhi. Discussion with the ‘Bangali Kalyan Samity’ and Bangali Employees Forum of Uttar Pradesh & Uttrakhand, is continuining Intelectuals & Prominent Personalities of our country also intrested to join & Co-operate the straggle. On 16th Octobers 2011 a meeting of such people will be held at New Delhi to from a Committee. Expected that Arundhuti Roy, Rajendra Sachar, Medha Patekar, Swami Agnibesh and others will extend their support & co-operation. They have been already informed about the struggle.

All the refugees, democratic peoples of our country, prominent civil rights workers & organisations, prominent personalities, Journalists & political workers & leaders are requested to support & co-operate the movement for achieving citizenship rights to the Bangali Refugees who are victims of partition of our country on the communal line. r

                                                   Sukriti Ranjan Biswas