International Research Journal of Interdisciplinary & Multidisciplinary

Studies (IRJIMS)
A Peer-Reviewed Monthly Research Journal
ISSN: 2394-7969 (Online), ISSN: 2394-7950 (Print)
ISJN: A4372-3144 (Online) ISJN: A4372-3145 (Print)
UGC Approved Journal (SL NO. 47520)
Volume-III, Issue-V, June 2017, Page No. 277-282
Published by: Scholar Publications, Karimganj, Assam, India, 788711
Website: http://www.irjims.com

Constitutional safeguard of Assamese: A Study of Assam Accord

Nipan Haloi
Assistant Professor, Dimoria College, Khetri, Assam, India
Abstract
After a long six years of Assam Movement the significant Assam Accord was signed in the
year 1985. Though through the various provision of Assam Accord the leaders of the
movement promised to give constitutional safeguards to the people of Assam but in reality
this leaders have failed to do so. As a result till today the various political parties who came
to power are unable to decide the cut-off year for detection of foreign nationals. And even
today all the political parties have failed to prepare a proper and correct National Resister
of Citizens (NRC), and till today we are making confusion among us to define who the
Assamese are. Moreover, the present BJP government trying to see the issue through
religious ground and as a result detection of foreigners became a harsh reality. So, through
this work an attempt has been made to deal with the issue for implementation of Assam
Accord and trying to look at the government’s role and positive attitude for proper
implementation of the Accord.
Key Words: Assam Movement, Assam Accord, Assamese constitutional safeguards,
Assam.
Introduction: Assam has been facing a number of movements aiming to achieve a variety
of objectives having both ethnic and territorial focus. While some of these issues were
partially resolved through the intervention of the Central government, several others remain
unresolved. The unresolved conflicts have resulted in a series of flashpoints. Over the
years, one of the biggest concerns for Assam has been unauthorized immigration from
neighboring countries. In the absence of reliable data, the demographic impact of
immigration remains a highly controversial issue. It led to an anti-foreigner agitation,
popularly known as the Assam Agitation, between 1978 and 1985, led by All Assam
Students Union (AASU). In the entire history of Assam, the Assam agitation is the biggest
mass movement led by a students‟ union.1

1
Islam, Baharul. (2015) Transitional Justice in Post Peace Agreement Societies: A Study of the
Assam and Mizo Peace Accord, thesis submitted to Assam Don Bosco University, department of
Social Work, p.86
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Constitutional safeguard of Assamese: A Study of Assam Accord Nipan Haloi

We know that the historic Assam movement was the spontaneous expression of the
Indomitable urge of the people of Assam to protect their socio-cultural identity and to
ensure their economic survival in the face of the threatening presence of a very large
number of foreign nationals in their midst and continuous infiltration lion across the State‟s
international borders.2 The saga of the struggle and sacrifices made by the people of Assam
resulted in the signing of the Assam Accord—an agreement: which had been reached in
course of prolonged negotiations and exchange of opinions between the leaders of the
movement and the Union Government It called a historic document holding out brilliant
possibilities towards the final settlement of the foreigners‟ question as well as the growth of
vibrant progressive society and achievement of economic prosperity.
Objectives of the Study:
This study tries to deal with following objectives-
1. To study the Assam Accord and its significance in present context.
2. To study the role and response of governments and various organizations on Assam
Accord in deferent point of time.
Statement of the Problem: The foreign national issue is one of the most important issues
in Assam. And on the basis of this issue the Assam Movement was started. In 8 the June
1989 there was 12 hour Assam Bandh called by All Assam Students Union from which
Assam Movement i.e. Anti-foreigner movement was started. After so many strikes, so many
Bandhas, even so many people had died (according to government report 850 people) and
eventually after so many discussions the Assam Accord was signed on August 15, 1985
which brought to the end of Assam Movement. The central government was compelled to
agree the anti-foreigner issue of Assam and consequently they were agreed to sign historic
Assam Accord. But it is very sad to mention here that till today almost 31 years have been
passed but in this last 31 years the Central as well as the Assam Government has not taken
any initiatives for implementation of the Accord. Till today government are unable to
decide which year will be the cut off year for foreigner detention from Assam? 3 It is needed
to mention here that where whole India have been following Citizenship Act 1955 why not
Assam? And the biggest question is why such type of question comes to arise after 31
years? Relating to the Bangladesh independent the cut off year for foreigner detention had
decided 24 March, 1971. But after these 31 years the question has arises that which will be
the cut off year 1971 or 1951?
While looking at the Assam Accord it is found that the provision of the Accord demands
that Foreign national must be detected and deported from our country. Secondly, Names of
foreign nationals must be deleted from the electoral roll before holding any election.
Thirdly, Borders of India with neighboring countries must be fully protected. Fourthly,
2
Deka, Hitesh. (2004) All Assam Students Union and its Impact on the Politics of Assam Since
1979, thesis submitted to Gauhati University, department of Political Since, p.154.
3
Phukan, Adip Kumar. (2017) “BJP Sarkaror Sidhanta Ki? 1971 ne 1951?” Dainik Agradut an
Assamese daily, May 4, p.4.
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Constitutional safeguard of Assamese: A Study of Assam Accord Nipan Haloi
Indian voters in Assam must be provided with Photo Identity Cards. Fifthly, Constitutional
safeguard must be provided to the people of the North Eastern Region for the protection of
identity of the indigenous people. Moreover the proposals also include that the National
Register of Citizens (NRC) of 1951 shall be made up to date. Again, a free zone devoid of
trees and houses should be created all along the border and any one crossing without a valid
travel document from either side is shot at. But till today we donor find that this demand has
been fulfilled by any government during their tenure. Contrary to that the political parties
are trying to make use of this issue for their own benefit only. So it is serious issue to study
the conscience of different political parties to solve the issue peacefully.
Therefore, it is very important to study the Assam Accord and its implementation in real
sense. Moreover, it is also important to study the role of Central as well as State government
for solving the issue properly. Because as we have seen that since 1985 both BJP as well as
Congress had come to power but we did not have seen active role from any of this party.
Gitartha Pathak in his article “Asom Suktit Nagarikatta Bidheyakar Madhamar” mentioned
that the main hurdles for solving the foreigner issue in Assam is politics of gaining vote. On
the one hand if Congress did not take any step or delayed for solving the issue for getting
minority votes, on the other hand BJP are doing politics on this issue for getting majority
supports.4
Assam Accord and ASSU’s Demands: It is pertinent to mention here that the main focus
of the Assam Accord was providing constitutional safeguards to the people of Assam and it
was signed based on the question of foreign nationals, and the Accord spelt out a clear
policy and elaborative measures to sort it out in the best and the most realistic manner
possible. Apart from that the well-defined steps to effectively deal with the foreign nationals
already present in the State, the Accord also stipulated a wide ranging measures to ward off
future infiltrators and to strengthen border security to fully seal all penetration Mutes Other
clauses like those relating to issue of citizenship certificates, restriction of acquisition of
landed property by foreign nationals and tribal belts and block also stipulated imaginative
steps with a direct bearing on the basic issue.
Though the Memorandum of Settlement, better known as Assam Accord was primarily
focused on the foreign nationals issue, clauses 6 and 7 were in fact the „heart and soul‟ of
the Accord, ensuring not only constitutional, legislate am administrative safeguards to
preserve and promote the cultural, social and linguistic identity and heritage of the
Assamese people but also ensuring speedy economic development of Assam, so as to
improve the standard of living of the people. ASSU‟s demands of Assam Accord can be
discussed as follows- The demands included:
1. Foreign national must be detected and deported from our country 2. Names of foreign
nationals must be deleted from the electoral roll before holding any election. 3. Borders of
India with neighboring countries must be fully protected 4. Indian voters in Assam must be

4
Pathak, Gitartha. (2017) “Asom Suktit Nagarikatta Bodheyakar Madhamar”, Dainik Agradut an
Assamese daily, May 3, p.4.
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Constitutional safeguard of Assamese: A Study of Assam Accord Nipan Haloi
provided with Photo Identity Cards 5. Constitutional safeguard must be provided to the
people of the North Eastern Region for the protection of identity of the indigenous people.5
The proposals included:
1. The National Register of Citizens (NRC) of 1951 shall be made up to date.
2. A free zone devoid of trees and houses should be created all along the border and any
one crossing without a valid travel document from either side be shot at.
But till today there were mixed reactions to the Accord in Assam, some denouncing it while
others welcoming it. But it must be said that if the foreign nationals issue is viewed without
emotion, the Assam Accord should be regarded as a welcome move in dealing with the
problem.
Problem for implementation of Assam Accord: Basically, though the Assam Accord was
signed to end a six year-long mass movement demanding detection and deportation of
illegal immigrants, mostly from Bangladesh, who threatened the culture, identity and
economic future of the indigenous people of Assam but successive central and state
government failed to implement key clause of the agreement.
Another important problem for the implementation of Assam Accord is after 32 years of
the signing of Accord, question has been arising who are the Assamese or even today
people of Assam are searching for the definition of Assamese and nobody knows how long
the search for a definition of „Assamese People‟ will continue.6
Again, till today the government has been failed to decide what will be the cut-off year
for deporting foreigners. In this regard it can be said that Assam is a part of Indian Union
and therefore question has come to the mind of conscious citizens that to identify the
foreigners of Assam why government are not following same rules for every state. After
India achieved independence for every state of India the cot-off year for identifying the
foreigners were declared as 19 July, 1948 but for Assam it has decided the year of 1971.
Moreover, due to Assam Movement Assamese people have lost so many things such as
almost 900 people killed, Nellie Massacre took many lives and so on. But, as consequences
of all this Assam has forced to accept the foreigners who come during the period of 1948-
1971. Apart from that if we accept the 1971 as cut-off year there is no such government
evidence to identify the foreigners entered to Assam. And if the governments decide 1951
then they have proper evidence of NRC for entire India as well as for the state of Assam.
Moreover, the most important difficulties for the success of Assam Accord is the
government does not proper information and clear picture about the child of the people who

5
Islam, Baharul. (2015) Transitional Justice in Post Peace Agreement Societies: A Study of the
Assam and Mizo Peace Accord, thesis submitted to Assam Don Bosco University, department of
Social Work, p.97.
6
Talukdar, Sushanta. (2010) “The Assam Accord is 25 years old, but many of its provisions are yet
to be implemented”, Frontline, Volume-27, Issue-17
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Constitutional safeguard of Assamese: A Study of Assam Accord Nipan Haloi
have come after 1971.7 Thus, we fine so many difficulties for getting success of Assam
Accord.
Apart from that, the Assam Accord could not settle the long standing disputes is clear
from the recent protests lodged by one of the signatory of the accord - the All Assam
Students Union (AASU). The All Assam Students' Union launched a 27-hour hunger strike
to protest "failure" of the government to implement in letter and spirit the Assam Accord 26
years after its signing. AASU members launched the hunger-strike in all district and sub-
divisional headquarters this morning (PTI, 2011). A recent tripartite talk with officials and
representatives of Government of Assam, Ministry of Home Affairs, Government of India
and representatives of the All Assam Students' Union (AASU) was held in 2000 to assess
the progress in implementation of the 1985 Assam Accord.
Role of Government for implementation of Assam Accord: While looking at the success
of implementation of Assam Accord it can be said that all the political parties come to
power till now are unable to implement the various provision of Assam Accord. For
instance, the main purpose of Assam Movement and Assam Accord was to detect the
foreigners, delete their names from electoral rolls and deport from Assam/India. But no
political parties are able to get any success in this purpose. While talking about AGP
parties, it can be said that due to the failure to fulfill the promises to deport foreign national
they have lost their power from Assam. During their first five year tenure they are unable to
detect even 1000 foreigners as a result of which they have lost faith from Assamese people.8
Again, congress government also does the same. So, regarding the deportation of foreigners
the roles of all political parties are very sad. Moreover, the Assam Accord assured to
provide certain constitutional, legislative and administrative safeguards to protect and
preserve the cultural, social, and linguistic and heritage of Assamese people. But in this part
of this accord also we do not find progress at all. Apart from this, it needs to mention here
that though the last tenure of Congress government tried to make a correct National Resister
Citizens (NRC) but at present the Bharatiya Janata Party (BJP) governments are still
making confusion for preparation of NRC as they are not allowing proper funds to the
worker and not giving due importance for speedy correction etc.
Conclusion: After going through this discussion it can be said that till today Assam Accord
has not been implemented by any political party in real sense. And for getting success of the
various provision of Assam Accord, government of Assam should play an important role.
Rather making politics of this issue government must try to fulfill the interest of the citizens
of Assam and should try to give a constitutional safeguard for protection of indigenous
communities of Assam. Moreover, the role of various non-governmental organizations
basically the role of AASU should be positive. But, we have seen that at present the role of

7
Saikia Nandita, (2017) “1951-1971 aaru Asomiyar Abegsharboshota”, Asomiya Pratidin an
assamese daily, May 18, p.4.
8
Hussain, Manirul. (1993) Assam Movement: Class, Ideology and Identity, New Delhi: Manak
Publications, p.158.
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Constitutional safeguard of Assamese: A Study of Assam Accord Nipan Haloi
various organizations and ASSU is not so active in this regard. Moreover, the role of
various intellectuals also very significant to resolve this issue and they should try to give
positive suggestion to the government for solving the issue for protection of the rights of
common interest.

References:

1. Das, B M. (1987).The People of Assam Origin and Composition, New Delhi: Gyan
Publishing House.
2. Datta, P.S (1993). Autonomy Movement in Assam, New Delhi: Omsons publications.
3. Gait, Edward. (2005). A History of Assam. Guwahati: LBS Publications.
4. Gohain, H. (1985). Assam: A Burning Question. Guwahati: Spectrum
5. Hussin, Monirul. (1993) Assam Movement: Class, Ideology, Identity, New Delhi: Manak
Publications.
6. Hussain, Monirul. (2005) Coming out of violence essays ethnicity conflict resolution
and peace process in North East India, New Delhi: Regany publications.
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8. Konwar, Narayan. (2006). Society and Politics in Assam, Guwahati: Book Land.
9. Misra, Udayan.(1991) Nation Building and Development in North East India,
Guwahati; Purbanchal Prakash.
10. Nasar, A. & Ahmed, S. (Eds.) (2006). Nationality Question in Assam: The EPW
1980-81 Debate. New Delhi: Akansha Publishing House.

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