To
The Hon’ble Justice C.K. Prasad & Justice
Khalifullar
Supreme Court of India
New Delhi
Respected Sir,
We
the refugees, who have faced persecution
in erstwhile East Pakistan & Bangladesh and were forced to leave that
country and seek refuge in India desire to be a party to the case No.
562/2012 in your Court, as the subject matter of the case is connected and may affect & influence the
interest of the refugees living all over
the country including in Assam
and we, on behalf of the Bengali Hindu, Buddhist, Chakma and Christian refugees
appeal to you to direct the Government of India :
i.
To declare the
displaced persons from erstwhile East Pakistan & Bangladesh who are victim
of partition of India & have faced persecution in that country, as refugees
in India and not illegal migrants / illegal immigrants.
ii.
To exempt the refugees mentioned herein above, from the
clause 2(1) (b),3(1)(b) and 3(1)(c) of the
Citizenship (Amendment) Act. 2003 and to grant Indian Citizenship to all the
refugees, mentioned herein above, who have faced persecution in their place of
origin and who are ordinarily resident
in India from several years to several decades, or
iii. To
repeal the clauses 2(1)(b), 3(1)(b)and 3(1)(c) of the Citizenship (Amendment)
Act. 2003 for granting Citizenship to the refugees.
2. The constitution of India, in its
Citizenship Act. 1955 does not, however, make any provision with respect to the
acquisition of Citizenship after its commencement for the refugees who are
victim of partition of India and for the others.
3. But on the contrary—
i.
The father of the nation Mahatma Gandhi on 26th September, 1947 declared
in a prayer assembly — ‘‘The Hindus & the Sikhs staying there can come here
by all means, if, they do not wish to continue staying there. In that case, it
is the first duty to the Indian government to give them jobs & make their
lives comfortable.’’ [collected works of Mahatma Gandhi, vol-89, Page-246,
Publication Division, Govt. of India].
ii. The Prime Minister of India Pandit
Jaharlal Nehru during the declaration of Independence, declared formally on
behalf of the nation — ‘‘We think also of our brothers & sisters who have
been cut off from us by political boundary 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 share in their good and ill fortune alike.’’
[India’s Foreign policy : selected speeches of J. Nehru, Page 15-16,
Publication Division, Govt. of India].
Pandit
Nehru told in an another speech — ‘‘Now, I have said and say again that in my
opinion, the Hindu minorities in East Bengal feel insecure and therefore, can
not settle down. They want to come away, even if they remain, they do not know
how long they will remain.’’ [speech of J. Nehru, vol-2, Page-155, Publication
Division, Govt. of India].
Pandit
Nehru told in the Constituent Assembly on 9th August, 1950 — ‘‘We must apply
ourselves to the task of rehabilitation of the refugees, not only because it is
our duty to do so, but because, it is
not the interests of the nation to leave there people where they are — doing
nothing and suffering’’ [Speeches of J. Nehru, Publication Division, Govt. of
India].
iii. President of India Dr. Rajendra
Prasad declared in his speech on the first Republic Day of India — ‘‘We are
anxious to rehabilitate all the displaced persons who have suffered and still
suffering great hardship and privation.’’ [Speech of Rajendra Prasad,
Publication Division, Govt. of India, Vol-I, Page-2].
iv. Home Minister Sardar Ballav Bhai
Patel declared on 15th January, 1950 — ‘‘(the minorities of Pakistan) Those who
are our flesh & blood, those 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. There are people in south Africa, people of Indian origin, but with
African Citizenship, whom we still try to help. If they have a claim on us,
surely those in that part of Bengal too have a claim.’’ [Speeches of S. Patel,
Publication Division, Govt. of India, Page-121].
In
the situation, during the communal
disturbances in 1950, at the aim to help & for the benefit of the
minorities of both the countries — Pakistan & India:--
i.
A pact
was signed on 8th April, 1950, which is known as Nehru–Liyakat pact. In this
historical pact, both India & Pakistan assured the migrated people from
East Bengal, West Bengal, Assam & Tripura, for freedom of movement,
protection in transit & guarantee to their personal properties etc.[ Nehru-Liyakat Pact page no.1&2,
clause i, ii, iii ]
ii.
And the government of India also made the Citizenship
Rules, 1956 for granting citizenship of India to the refugees and others. The
Bengali bonafide refugees also have got citizenship of India with the
application for registration under section 5(1)(a), 5(1)(c) etc. The
enlightened families & persons among the refugees have registered their
names as Indian citizens and others have been absorbed in the Indian society.
Some of them have been rehabilitated in different States of the country and
others have managed at their own. Names of a section of them gradually have
been enlisted in the voters list. They have been issued ration cards, BPL cards
etc. and they have been enjoying all kinds of citizen rights. All this have
been done, because, the proposal of population exchange did not materialized.
Their children & grand children have born in India. They have been taking
part in building up this country. They are intelligent, hard workers and loyal
to India. They have no connection with Bangladesh. They are Indian at all
respect.
These refugees of East Bengal belong
to militant communities & most of them have been residing in India along
side the border with Bangladesh, which helps security & safety of our
country.
Most of the refugees are good farmers
& fishermen, They have been playing important role for the growth of
agriculture in West Bengal, Andaman, Dandakaranya, Nainital & in other
parts of the country, where they have been living.
They are also leading in the field of
education, culture, administration, science etc. particularly in the state of West Bengal.
4. During the period of Bangladesh
freedom movement in 1971, a huge number of Bengali people — both Hindus,
Muslims, etc. took shelter temporarily in India. At that situation Mr. C.L. Goyal, under secretary to the Govt.
of India, vide a express letter No. 26011/16/71-10 dated New Delhi, the 29th
November, 1971 instructed the State Govt. for not granting citizenship under
section 5(1)(a) to the people who
have come to India after 25th march, 1971 & those are not
ordinarily resident of India. The Bangladesh freedom struggle was over and the
Bangladesh become a independent sovereign country. The people of East Bengal who came to India during the Bangladesh freedom
movement also went back to
Bangladesh, but still the letter under reference of the Central Government is
in force & the govt. has been following the cut off date 25th
march, 1971 for identifying the ‘illegal migrants’ without any legal sanction, and the state governments are also imposing
the cut off date on the bona fide refugees, which is not justified.
5. The erstwhile East Pakistan, now
Bangladesh is still a Islamic country like Pakistan and the Hindus & other
minorities of that country have been
suffering from discrimination,
injustices etc. and are forced to leave the country facing persecution in that
country and seek refuge in India.
6. In the case of Assam, the ultra
nationalist forces opposing the Bangalis, including
Hindus, living in that state since before the independence of our country.
They compelled the central & state governments to frame Act & to sign
Accord in their favour. ‘The immigrant (Expulsion from Assam) Act. 1950 was
framed and in the clause 2 of the said Act. the Hindu
refugees were given protection, so that, the Hindus may not be deported from
India. It was mentioned in the Act. of 1950 as follows :- “
‘Privded that, nothing in this section shall apply to any person who on
account of civil disturbances or the fear of such disturbances in area now
forming part of Pakistan has been displaced
from or has left his place or residence in such area and who has been
subsequently residing in Assam.’[copy enclosed].
7. In
1983, the IM(DT) was framed. Due to overriding power of the clause 4 of this
Act, it repealed the clause 2 of the Immigrant (Expulsion from Assam ) Act,
1950. i.e. it repealed the protection of the Hindus or refugees from being
expelled from Assam & India. In the case between Sarbananda Sonowal vs
Union of India, the supreme court struck down the IM(DT) as the provisions of
the Act. are ultra vires the constitution of India & it upheld the ‘The Immigrant (Expulsion from Assam) Act.
1950 including the clause no. 2 in the
year 2005 [AIR 2005, sc-2958 para 57].
Thus the said Act .protect the Hindus or the bona fide refugees in India
from East Bengal.
8. In the Assam Accord 1985, no such
protection to the Hindu Refugees have been given. For the reason, the Hindu Refugees,
who are victim of partition of India, have been facing the problem of D voters,
trial, detention & deportation in Assam. The Assam Accord now has been
inserted in the Citizenship Act, 1955 as ‘special provisions as to citizenship
of persons covered by the Assam Accord.’ Here the cut off date of 25th March,
1971 has been mentioned to identify the ‘illegal migrants’. It is also applicable to Hindus in Assam, which is not justified. Hindu
refugees may not be identified as ‘illegal migrants’ in India, because of the
Judgement of the Supreme Court in Sarbananda Sonowal case in 2005 and for other
reasons mentioned herein above.
9. The citizenship (Amendment) Act.
2003 has been enacted. The 2(1)(b) clause of the said Act has defined ‘illegal
migrants’. Those Hindu & other minority refugees were forced to leave
Bagladesh facing persecution and have come to India without Passport etc. They also
have been stamped as ‘illegal migrants’ and they are debarred from granting
citizenship of India.
10. This clause of the Act. is ultra
violation of the commitment of the national leaders of our country &
declaration of the then Prime Minister of India & the other Central Government authorities. And it is
betrayal to the Bengali refugees. It also contradict with the judgement of the
Supreme Court in Sarbananda Sonowal case &
The Illegal Immigrants (Expulsion from Assam) Act. 1950.
11. It is to be mentioned here that the
Bengali Hindu & other minority refugees were forced to cross the border
facing persecution at the time of abnormal situations — civil disturbances and
riots etc. and it was not possible for them to collect passport etc. to cross
the border.Therefore the clause 2(1)(b)
of the Citizenship (Amendment) Act. 2003 should not be applicable to Hindu
refugees.
12. Although, except in the case of Assam
State, there is no mention of any cut off date in the citizenship (Amendment)
Act. 2003 for identifying illegal migrants, so, it can be assumed that it will
be effected from the date of effect of the Act i.e. since 3rd December, 2004.
But all the state governments, without any valid ground, maintaining the cut
off date 25th March, 1971 for the Hindu
refugees also, which should be stopped immediately.
13. The refugees, who have come to India
prior to 25th March, 1971 or after 25th March, 1971, most of the both groups
have crossed the border facing
persecution in abnormal situations without passport or
any other valid documents etc. Therefore, it is not possible for the
administration to bifurcate the refugees after their long stay in India. After
1971, 42 years have been passed. An Act
enacted and effected from 3rd December, 2004 and it should not be implemented
with the retrospective effect since 1971 or 1951, particularly
in the case of refugees.
14. When the citizenship (Amendment) Bill,
2003 was introduced in the Rajya Sabha by the then Dy-Prime Minister of India
& Home Minister Sri L.K. Advani on 18th December 2003, the then leader of
the opposition in the House and present Prime Minister Dr. Manmohan Singh 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 of the parliament proceedings].
15. Sri Shankar Roy Chowdhury Member of
Parliament, Rajya Sabha, 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 of
the parliament proceedings].
16. Only the two Hon’ble Members mentioned
herein above participated in the discussion on the bill. Then in reply to the
appeal of the leaders of the opposition Dr. Manmohan Singh and Sri Shankar Roy
Chowdhury, M.P., 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 of the parliament proceedings].
17. The leader of the opposition Dr. Singh
& Mr. Roy Chowdhury demanded a special provision for granting citizenship
to the minorities of Bangladesh who have took refuge in India and the Dy. Prime
Minister Sri L.K. Advani on behalf of the govt. of India accepted and approved
the proposal. No member of the House of the parliament raised any objection. It
means, there were consensus on the issue of granting citizenship to the
refugees, defined in the house. Unfortunately, when the Act was finalised,
there were no reflection of the discussion in the House. The bona fide Bengali refugees, according
to Dy- Prime Minister & Home Minister of India which was defined in the
House of the Parliament, were denied of granting citizenship of India.
18. After enactment of the Citizenship
(Amendment) Act. 2003, during this 8/9 years many members of the parliament of
various political parties have demanded for granting citizenship to the Bengali
Hindu, Buddhist, Chakma & Christian refugees who are ordinarily resident in
India for several years to several decades.
19(i). Mr.
R.S. Gavai, MP (RS) of RPI party raised the issue through special mention on
7th December, 2004 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 East Pakistan ( now
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 to
rehabilitate them properly.” [ copy enclosed].
(ii) Mr. Kabindra Purkayastha, MP (LS)
of BJP party raised the issue through
special mention on 19th December 2011 as follows :-
“Re : Need to provide citizenship to the Hindu and other minority community of
Pakistani refugees who took shelter in India after partition in 1947.
Our country was partitioned on the
basis of two nations’ theory. Muslim League demanded partition and got it .
Hindus and other minority communities of
Pakistan had to leave their ancestral homes being persecuted due to civil
disturbance, looting, torturing and harassment and took shelter in India
including Assam as the victims of partition.
As per the UNO definition, they are refugees and deserve shelter,
rehabilitation and citizenship
observing formalities. This is not the
case with the Bangladeshi Muslims. They have infiltrated particularly in Assam
and other bordering states with ulterior motives. So, both should not be treated at par. The Central Govt. and the State Govt of Assam
should make distinction between the two in providing facilities to the needy
ones. The Bangali Hindus of East
Pakistan ( present Bangladesh ) who are the victims of the partition should not be subjected to severe harassment by making as ‘D’
voters. Their voting right should not be
ceased and those who have been sent to detention camp should be settled
properly.
I demand that the refugees should be
given Citizenship right as was done in the case of Hindus who came from West Pakistan and setelled in Rajasthan and
Gujrat. All sorts of harassment on the Bengali
should be stopped.” [ copy enclosed].
(iii) Mr. Basudeb Acharia, MP (LS) of
CPI (M) party, Mr. P.L. Punia, MP (LS) of INC & Mr. Khagen Das, MP (LS) of
CPI (M) raised the issue through special mention on 25th April, 2012 as
follows:-
“Mr. chairman, Sir, I am raising an
issue pertaining to lakhs of people who
came as refugees to our country from erstwhile East Pakistan & Bangladesh
because of their persecution as minorities.
These refugees have settled and are
staying in different parts of the country
and in different States like Uttarakhand, Uttar Pradesh, Madhya Pradesh,
Chhatisgarh and Orissa. They are staying in these states for years together. These refugees have not
been granted citizenship in our country.
Sir, an assurance was given by no less
a person than the Prime Minister
himself that the granting of
citizenship of these refugees would be
considered favourably but the Central Government, till today, have not
considered granting citizenship to lakhs
of Bengali refugees.
Sir, when the Citizenship Act. was
brought before this House in 2003, an amendment was moved and that amendment
was supported by all political parties. In spite of the support from the
political spectrum of this House, the amendment was not accepted by the
Government to grant citizenship to these hapless people. As a result of this,
there are Namasudra living in Uttar Pradesh, Chhatisgarh & Uttarakhand.
They are recognized as Scheduled Caste in the state of West Bengal but they are
not recognized as Scheduled Caste in Uttarakhand, Uttar Pradesh and
Chhatisgarh. I have already introduced a
Private Members’ Bill in this regard……(Interruptions)
MR. CHAIRMAN: That another issue. Please speak about the
refugees.
SHRI BASU DEB ACHARIA(BANKURA): Sir, it
is the same issue pertaining to the refugees.
They are belonging to the Namasudras who are recognized as Scheduled
Caste in the state of West Bengal. Although the Government of Uttar Pradesh
recommended them for inclusion under
Scheduled Caste, that has not been considered.
The problem has been accentuated when these people are being excluded by
other identification. Now, uncertainty is prevailing in the country.
I demand that Citizenship Act. should
be suitably amended. Sub-Section 1(b) of Clause 2 of the Act. should be amended
accordingly to recognize and grant citizenship to the Bengali refugees who
migrated from erstwhile Pakistan even
after Indira- Mujib Agreement. They have been staying in the country for years together without having a right of
citizenship. This uncertainty should be
ended. The persecution of lakhs of Bengali refugees should be ended.
I demand that Citizenship Act. should
be amended to grant citizenship to these Bengali refugees.
MR. CHAIRMAN : Shri P. L. Punia and
Shri Khagen Das are allowed to associate with the issue raised by Shri Basudeb
Acharia”.(copy enclosed).
(iv) Sri Shyamal Chakraborty, MP &
Sri Prasanta Chatterjee, MP (RS) of CPI (M) raised the issue through special
manetion on 27th April, 2012 as follows :-
“The Citiuzenship (Amendment )
Act,2003 has declared all the foreigners who have entered into India without a
valid passport etc. , as illegal migrants. No cut off date for the purpose is
mentioned in the said Act., 2003 and naturally the cut off date becomes 19th
July,1948.
The minorities of the erstwhile East
Pakistan were victims of partition and
compelled to leave that country for the fear of persecution. A huge number of
minorities of Bangladesh were forced to
seek refuge in India. The Citizenship (Amendment ) Act., 2003 has declared
lakhs of refugees as illegal migrants
which is not justified. It is also to be
noted that overwhelming majority of
those people belong to the dalit community.
Considering the fact when the
Citizenship (Amendment) Bill, 2003 was moved in the Rajya Sabha on 18th
December, 2003 by the then Home Minister Shri L. K. Advani, the then Leader of the opposition Dr. Manmohan Singh appealed for a special
provision in the proposed Act. so that
the refugees who have come from Bangladesh may be granted citizenship of
India., and the hon’ble Home Minister agreed to that. But unfortunately there has been no positive
amendment of the clause.
Therefore, my appeal to the hon’ble Prime
Minister of India to convene an all
party meeting to arrive at a consensus to pave the way for making a special clause in the Citizenship Act, 1955
in favour of those refugees so that they may be granted citizenship and proper
rehabilitation
SHRI
PRASANTA CHATTERJEE (WEST BENGAL) : Mr.
Vice- Chairman, Sir, I associate myself with the Special Mention made by
my colleague.” [copy enclosed].
Apart from those
MPs, many other MPs of various parties have raised the issue in the zero hour
and demanded for granting citizenship to the bonafide refugees.
And
many other MPs, have written letters to the govt. of India for granting
citizenship of India to the refugees mentioned herein above.
The refugees have been demanding &
struggling for granting them Citizenship of India & to repeal the clauses
2(1)(b), 3(1)(b) & 3(1)(c) or to exempt the refugees from the clauses but
not been done anything in their favour. They have met with the Prime Minister
of India on 11th March,2005, 21st December,2005 etc.
& with the Home Minister of India on 9th March, 2005, 1st
November,2011 etc. they have made commitment to do in favour of the refugees,
but not yet been done. At the time of Hunger Strike of the refugees at Jantar
Mantar, New Delhi, during the period from 28th November to 1st
December, 2011, the Prime Minister of India sent one of his State Minister Sri
V. Narayan Swamy to the vanue of the Hunger Strike at New Delhi & assured
to initiate steps for granting citizenship to the refugees.
20. In the clause 3(c) of the Citizenship
(Amendment) Act. 2003, it is directed that, to be entitled for citizenship by
birth on or after commencement of this Act. :
—
i. Both of his/her parents are to be
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/her birth.
21. This clause of the said Act. is
defective and to be repealed. Those refugees have come to India without
passport etc. facing persecution in Bangladesh and have been residing in India
for long time, if, they are called ‘illegal migrants’, then their children will
not be granted citizenship by birth. Naturally, generation to generation they
will no be granted citizenship of India. As they have born in India &
residing in India, no other country of this world will grant them citizenship.
It means, for the said Act, a stateless group of people will be created, which
is not desirable.
22. Sir, the refugees come from West
Pakistan to India, their problems of citizenship & rehabilitation are
almost solved. Yet, in the citizenship Rules, 2004, the refugees residing in Rajasthan
& Gujrat have been given some concessions for achieving citizenship of
India.
23. The problems of the Bengali Hindu etc.
refugees still a burning problem. Vast number of them still living along side
the Canals, Railway truck & Roads under inhuman condition. They have not
got any kind of help & co-operation from the government. Many of them still
not getting any kind of civic facilities & amenities. Their names have not been included in the
voters list. They have not been issued ration cards & BPL cards, although
they are ordinarily resident in India for several years to several decades.
24. The Bangladesh government will not
take them back. Refugees are also not ready to go back to Bangladesh. They have
not any kind of connection with Bangladesh. Those people once have left the
country for the fear of life &
prestige, they should not be push back to Bangladesh against their will. It is
a matter of humanity.
25. The Refugees presence in India, have created good for the country, fact is that, they have been
living in this country since long and they will continue in this country,
because there is no way to deport them to their place oforigin Now, the question is to regularize their de
facto living existence in India.
26. So, considering the history of
partition of India, assurances of our national leaders and government of India,
Nehru-Liyakat pact, The Immigrant (Expulsion from Assam) Act. 1950, Judgement
of the Supreme Court on Sarvananda Sonowal case, debates in the Parliament on
18th December, 2003 in this regard, appeal of the several MPs in the parliament
and taking into consideration on humanitarian ground of the pathetic condition
of the Bengali Hundu, Chakma, Bhuddist and Christians refugees, please
direct the government of India : —
i. To declare the displaced persons from
erstwhile East Pakistan & Bangladesh who are victim of partition of India
& have faced persecution in that country, as refugees in India And not
illegal migrants / illegal immigrants.
ii. To exempt the refugees mentioned herein
above from the clause 2(1) (b), 3(1)(b) and 3(1)(c) of the Citizenship
(Amendment) Act. 2003 and grant Indian Citizenship to all the refugees
mentioned herein above who have faced persecution in their place of origin and
who are ordinarily resident in India from several years to several decades, or
iii. To repeal the clause 2(1)(b),3(1)(b) and
3(1)(c) clause of the Citizenship (Amendment) Act. 2003 for granting
Citizenship to the refugees.
With Regards
Yours
faithfully
[NB—Bold letters
do not indicate any more importance]
It is notes for
the Advocates of the Supreme Court. If any more
Suggestions,
please send.
Sukriti
Ranjan Biswas
Secretary
Date : 02.02.2013 Joint Action Committee for Bangali
Refugees
