The Assam Accord of 1985

What is Assam Accord?

• The Assam Accord (1985) was a Memorandum of Settlement (MoS) signed between representatives of the Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985.
• The accord brought an end to the Assam Agitation and paved the way for the leaders of the agitation to form a political party and form a government in the state of Assam soon after.

• Some of the key demands were – All those foreigners who had entered Assam between 1951 and 1961 were to be given full citizenship, including the right to vote.
• Those who had done so after 1971 were to be deported; the entrants between 1961 and 1971 were to be denied voting rights for ten years but would enjoy all other rights of citizenship.
• A parallel package for the economic development of Assam, including a second oil refinery, a paper mill and an institute of technology, was also worked out.
• The central government also promised to provide ‘legislative and administrative safeguards to protect the cultural, social, and linguistic identity and heritage’ of the Assamese people.
• Though the accord brought an end to the agitation, some of the key clauses are yet to be implemented, which has kept some of the issues festering.

What was discussed during the tripartite talk?

• While describing the talks as “positive” and “encouraging”, Gogoi said the AASU would oppose any move by the Centre to pass the Citizenship Amendment Bill that proposes to grant citizenship to Hindus from Bangladesh.
• Gogoi said, “The Constitution of India, as also the Assam Accord, does not differentiate among illegal migrants and foreigners on the basis of religion. We made it clear before the home minister that we will stiffly oppose any such move.”
• The AASU leader said Rajnath assured them the Centre would not do anything that would “dilute” the accord.
• The AASU says that since 1985, when the Assam Accord was signed, nothing concrete has been done by the Centre for providing constitutional, legislative and administrative safeguards to protect, preserve and promote the cultural, social, linguistic identity and heritage of the indigenous communities of Assam.
• AASU and the Asom Gana Parishad have also been expressing concern over the growing clout of illegal migrants and people of that descent in the state’s political arena.
• The Union home minister has assured the AASU that the Centre was committed to a flawless exercise for updating the National Register of Citizens and providing constitutional and economic safeguards to the indigenous people.

Clause 5 of Assam Accord : Foreigners Issue

Clause:

5.1       For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.

5.2       All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the electoral rolls used in 1967 elections, shall be regularized.

5.3       Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24^th March, 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.

5.4       Names of Foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.

5.5       For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.

5.6       On the expiry of a period of ten year following the date of detection, the names of all such persons which have been deleted from the electoral rolls shall be restored.

5.7       All persons who were expelled, earlier, but have since re-entered illegally into Assam, shall be expelled.

5.8       Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and expelled in accordance with law. Immediate and practical steps shall be taken to expel such foreigners.

5.9       The Government will give due consideration to certain difficulties expressed by the AASU/AAGSP regarding the implementation of the Illegal Migrants (Determination by Tribunals) Act, 1983.

Action taken:

5.1       It is complied with and is in practice.

5.2       It is being implemented.

5.3       A total of 75,489 Nos. of persons have been declared as foreigners till 31^st March,2016. Out of this 33,186 Nos. declared foreigners of 1966-71 streams and 42,303 Nos.of persons of post 1971 stream. Only a total of 14,198 Nos. have registered their names with the respective FRROs.

5.4       Out of 33015, 1966-71 Stream, a total of 13,931 Nos. have registered their names with the respective FRROs.

5.5       For the purpose of Foreigners detection and registration Government of India has undertaken suitable strengthening of the government machinery.  

5.6       Steps are being taken.

5.7       A total of 1432 Nos. of Re-infiltrators have been detected and deported during 1986 to December, 2014 and the same process is going on.

5.8       After repeal of the IM(D)T Act by the Hon’ble Supreme Court of India on 12-07-2005, the following Acts are used for detection and deportation of illegal migrants –

(a)       The Foreigner’s Act, 1946 alongwith the Foreigner’s (Tribunal) Order, 1946.

(b)       The passport (Entry into India) Act, 1920.

(c)        Passport Act, 1967.

(d)       The Immigration (Expulsion from Assam) Act, 1950.

(e)       The Citizenship Act, 1955.

                        There are 100 Nos. of Foreigners Tribunal have been functioning in the state for detection and deportation of foreigners.

5.9       The IM(D)T Act has already been repealed by the Hon’ble Supreme Court of India on 12-07-2005.

Clause 6 : Constitutional, Legislative & Administrative safeguards

Clause:

6. Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.

Action taken:

A number of actions have been taken under this clause so far which include the following:

1. The Srimanta Sankardeva Kalakshetra Society was established under clause 6 of the historic Assam Accord and committed to work for preservation, promotion and upliftment of culture of the people of Assam.
   For the construction of the complex, the Ministry of H.R.D. Govt. of India funded Rs. 18.85 crores and Govt. of Assam funded Rs. 1.50 crores the total construction cost being 20.35 crores. The total area of the campus is 10.28 hectares at Panjabari, Guwahati.   
2. Jyoti Chitraban Film Studio Scheme (Phase-I & Phase-II) has been implemented for Rs. 8.79 crores.
3. The Modernisation of the Jyoti Chitraban Film Studio Phase III (Part-I) for Rs. 10 crores has been sanctioned by the Govt. of India and works are currently in progress. Work completed about 85%. Construction of Mini Film City is under process. This Film Studio Society will become a Film Hub of the entire North-East Region.  Construction of “Film Archive” is under process and expected to be completion shortly.
4. Rs. 21.00 Crore has been granted as financial assistance to 219 Nos. of Satras of Assam.
5. Rs. 7.00 crores have been provided as financial assistance for 11 Nos. historical monuments so far for their protection, preservation and development.
6. Archaeological Survey of India has taken up the protection, preservation and development of 5 monuments. These are

   (i) Singri Temple’s ruins

   (ii) Urvarshi Archaeological Site

   (iii) Poa-Mecca, Hajo

   (iv) Kedar Temple, Hajo and

   (v) Hayagriva Madhava Temple, Hajo.

7. The Executive Council of the Jawaharlal Nehru University has resolved to approve the establishment of an Assamese Chair in the Centre of Indian Language, Literature and Culture Studies of the University. The matter is being taken up with the Jawaharlal Nehru University.
8. An Autonomous Institution namely Anandaram Borooah Institute of Language Art & Culture Assam(ABILAC) has been established  on 12^thDecember,1989 with the Financial Assistance from Govt. of Assam. The Institute is pursing Research for the development of Indigenous Language. Art and Culture of the State. Besides this, the Directorate of Higher Education providing annual grants to the following Voluntary Organizations for upliftment of the Language, Art and Culture in  their respective field. The list of Voluntary Organizations involves are as follows:- 

   (1) Indian Art History Congress,

   (2) Assam Sahitya Sabha,

   (3) Assam Science Society,

   (4) Institute  of Adv. Study in Science & Technology,

   (5) Central Tai Academy, Patsaku,

   (6) Sadou Asom Lekhika Samaroah Samity,

   (7) Tai Sahitya Sabha,

   (8) Manipuri Sahitya Parishad,

   (9) Dimasa Sahitya Sabha,

   (10) Assam Academy of Mathematics,

   (11) Borak Upatyaka Bonga O Sahitya Sanmilan,

   (12) South East Asia Ramayani Research Centre,

   (13) Karbi Lame T Amei (Karbi Sahitya Sabha),

   (14) Nepali Sahitya Parishad,

   (15) Rabha Academy,

   (16) Kamrup Sanskrit Sanjivani Sabha,

   (17) Kamrup Anusandhan Samity,

   (18) Purnakant Buragbohain Institute,

   (19) Institute of Tai Studies.

9. The different political parties, Sahitya Sabhas, Youth organizations, All Assam Student Union and reputed N.G.O’s are requested to furnish their views/ suggestions for preparation of definition of “Assamese Peoples” in the meeting held time to time. Besides a few organizations, the views and suggestion from all organization are not received. The matter is under the consideration of Cabinet Sub-Committee at present.