TOPIC- Illegal Immigration into

Assam: An examination of its

Magnitude, causes and Economic
effects
Course Name: Principles of Economics
Course Code: 1LA301

Semester - I

B.A.,LL.B (Hons.) / [Link].,LL.B (Hons)

JULY 2024 to DECEMBER 2024

Course Coordinator: Dr. Arun Prasad

Co-Coordinator: Ms. Neetu Rupera

Submitted By :
24BBL010- Akshata Shaji
24BBL008- Abirami Unni
24BBL009- Advaith PS

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 24BBL057- Mahaksh Mehta
24BBL042- Shreya Panchariya

ACKNOWLEDGEMENT
We would like to express our heartfelt gratitude to all those who contributed to
the successful completion of this project on the topic of ‘Illegal Immigration
into Assam: An examination of its Magnitude, causes and Economic effects’
.This research venture has not only enhanced our knowledge about a complex and
pressing issue but also equipped us with insights that will surely inform our
future academic pursuits and practical applications in this vital field.

Above all, we would like to sincerely thank Dr. Arun Prasad and Ms. Neetu
Rupera. Their sharp advice, steadfast support, and constructive criticism during
the various stages of research has been invaluable for us. Their academic acumen,
together with their genuine willingness to intermingle with our work, has
enriched the quality of this study significantly. We are greatly inspired by their
mentorship: the more they brought us to delve deeper into our research, the more
they encouraged us to think critically and analytically about our findings.

We also like to record an appreciation for the Institute of Law, Nirma University
as they have provided us with significant assistance by granting access to
resources and tools for being able to enable our research. The tremendous
academic environment and wealth of information residing at the institute has very
much contributed to the depth and rigor of our research study.

At last, we want to thank our peers and colleagues who have encouraged us at all
stages of this project and shared their insights that have turned out to be very
helpful in the process. It is their camaraderie and intellectual engagement with
our peers and colleagues that make this journey not only productive but
enjoyable.

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ABSTRACT
This paper explores the complex implications of illegal immigration in Assam, India.
Importantly to this research is the influx of the migrants who migrate mainly from Bangladesh.
Between 1901 and 2001, Assam population increased by 710%. This growth was largely due to
illegal migration, or rather immigration, forced by environmental crises and economic
opportunities. Illegal migrations have given rise to such significant economic, political, and
social drawbacks to Assam since its days of prosperity brought about by previous legal
migrations into the region, especially by those employed in tea plantations.
It throws up some vital factors shaping this migration. From the economic angle, the income
differential of per capita national gross between Bangladesh ($770) and India ($1,420) is a
strong impetus, pushing many Bangladeshis to seek improved livelihoods across the border.
High population density in Bangladesh entailed with poverty and landlessness makes these
economic stresses worse, driving people to migrate.
Political instability has long been the main spur for both forced as well as voluntary migration.
Important events of the type that have initiated or consolidated mass migration, include the
partition in 1947 and the war in 1971. Other recent political unrest as well, have compelled
people to migrate into India to ensure safety and stability. In addition, social networks also
played a very important role on their part, as Assam's filial and communal ties support and
reduced the risks of re-location.
This study, therefore analyzes the causes and consequences of illegal migration in Assam,
making deeper input toward local communities and resources. Researching such dynamics will
help to inform policy responses to prevent the challenge posed by illegal migration, thus
developing regional socio-economic development in a sustainable manner.

Keywords: Illegal Migration; Immigrant; Assam; Bangladesh

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 CONTENTS
I) LITERARY REVIEW.....................................................................
II) RESEARCH METHODOLOGY.......................................................
1) INTRODUCTION........................................................................
1.1 ASSAM……………………………………………………………………….
1.2 BANGLADESH………………………………………………………
2) CAUSE OF IMMIGRATION.........................................................
2.1 ECONOMIC CAUSES……………………………………………………
2.2 POLITICAL CAUSES………………………………………………………..
2.3 SOCIAL CAUSES…………………………………………………………….
2.4 ENVIRONMENTAL CAUSES………………………………………………..
2.5 OTHER FACTORS………………………………………………………………
3) HISTORICAL BACKGROUND.......................................................
3.1 ILLEGAL IMMIGRATION INTO INDIA……………………………….
3.2 ILLEGAL IMMIGRATION INTO ASSAM………………………………
3.3 POLICIES OF GOVERNMENT AND IMPACT……………………….
4) ECONOMIC STUDY....................................................................
4.1 GENERAL ANALYSIS………………………………………………………..
4.1.1 Local communities and authorities being affected by the issue of illegal
immigration
4.1.2 Illegal immigration can have a multifaceted impact on local economies, including
effects on wages, employment, and various other aspects
4.2 ECONOMIC ANALYSIS OF IMMIGRATION ON :…………..
4.2.1 Land
4.2.2 Labour
4.2.3 Capital
4.2.4 Entrepreneurship
5) POLITICAL IMPACT OF MIGRATION FROM BANGLADESH..........
5.1 CONTROVERSY OVER LANGUAGE…………………………………….
5.2 ALTERNATIVE METHODS EMPLOYED BY POLITICAL PARTIES FOR
CONTINOUS ASSERTION OF POWER……………………………………..
5.3 CHANGE IN ADMINISTRATIVE UNIT OF ASSAM…………………..
5.4 MIGRATION AND
INSURGENCY…………………………………………….
6) POLICY FRAMEWORK..............................................................
6.1 THE EXISTING LEGAL AND POLITICAL FRAMEWORK REGULATING THE
ISSUE OF CITIZENSHIP IN ASSAM
6.2 SUGGESTIONS

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 7) CONCLUSION..........................................................................
8) REFRENCES…………………………………………………..
LITERARY REVIEW
A IMPACT OF MIGRATION ON THE ECONOMY OF ASSAM- Nabajit Dev
Adhikary
A number of researchers have studied the economic impacts of illegal immigration in Assam.
Hazarika makes a historical-political linkage with immigration and suggests that it has a
connection with swelling insurgency and violence. Saikia indirectly estimated illegal migrants
by using population growth rates on religions across districts. Hiranya K. Nath and Suresh Kr.
Nath (2006) discuss different features of the migration process, with more emphasis on land
pressure in Bangladesh and agricultural opportunities in Assam. Security implications were
stressed by Namrata Goswami (2006), where large-scale illegal immigration allows external
actors to influence regional events.
Dibya Jyoti Kalita (2015) analyzes the impact of international migration on population growth
and religious demographic changes, while Das (2006) considers economic impacts, in
particular labor market and public service effects in the destination country. From the existing
literature, illegal immigration does have beneficial effects in terms of boost in agricultural
productivity but negative impacts such as land resource pressure as well as public
infrastructure bearing the extra burden.

B Exploring the population – environment nexus: understanding climate change,

environmental degradation and migration in Bangladesh- Dr Vigya SHARMA
Much research has been dedicated to the nexus of climate and environmental degradation in
the migration process from Bangladesh, talking about extreme vulnerability that characterizes
that country, given its geographical position, high population density, and socioeconomic
conditions (Ministry of Environment and Forests 2002; Alam, 2003). Bangladesh is exposed to
various environmental hazards from cyclones to sea level rise and those of flooding, droughts,
and riverbank erosion (Lein, 2000; Mirza et al., 2001).
Research further indicates that climate change will exacerbate such problems, since an
estimated 1 meter sea level rise will relocate 11% of the population (Alam, 2003; Corlett,
2008). Annually, between 64,000 and 1 million Bangladeshis are displaced due to riverbank
erosion (Haque and Zaman, 1994; Siddiqui, 2005).
Environmental factors are often also combined with socioeconomic drivers in deciding whether
to migrate or not (Alam, 2003). Economical reasons primarily dominate other issues pertaining
to the conditions such as river erosion and flood significantly affect the choice of migration
(Begum, 1999; Hossain, 2005). Even environmental pressure is connected to international
migration to India (Swain, 1996; Rahman and Huq, 1998).

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Although a connection exists, the quantification of environmentally-induced migrations
remains very difficult and more empirical research would have to be carried out to get a good
understanding of these dynamics.

C MIGRATION AND POPULATION GROWTH IN ASSAM: A DISTRICT LEVEL STUDY-

Dibya Jyoti Kalita

Dibya Jyoti Kalita's paper, "Migration and Population Growth in Assam: A District Level
Study," explains the impact of the process of migration on the population dynamics of Assam
from 1901 to 2011. The article establishes that the three precepts in demography, namely
mortality, fertility, and migration, have been the basis of the primary factors determining the
structure of Assam's population change structure.
The paper is divided into three sections:
Decadal Growth of Population: It focuses on population growth patterns, which indicate that
Assam has high growth rates as the population surged from 3.3 million in 1901 to 31.2 million
in 2011, particularly after 1971.
Population Growth by Religion: It examines the decadal growth of religious groups between
1951 and 2011 and observes that illegal migration has led to a growth of Muslim populations
in specific districts.
Distribution of the Migrants from Other Indian States and Bangladesh: This paper analyses the
spatial distribution of migrants from other states of India and Bangladesh that reflects socio-
political challenges of ethnic conflicts and demographic changes.
Using descriptive and analytical methods with secondary data obtained from official sources,
the paper concludes that the influx of migrants seriously affects the population structure and
the socio-political landscape of Assam, and hence is worthy of notice at policymaking level

D Foreigners are Assams Perennial problem – Kuldeep Nayar

The article mainly explains and talks about the longstanding problem of illegal immigration to
Assam, particularly from Bangladesh, and what this contributes to Assamese identity, national
security, and social cohesion. It draws attention to how it was within this backdrop of
demographic change that illegal immigration had dramatically altered the state's demographic
landscape and unleashed an amount of terror of losing their cultural identity in the minds of the
Assamese. Issues of politicized reasons for migrants, an apparent potential tool for
mobilization for electoral purposes, are discussed as the subject of migrant political
manipulation is frequently related in scholarly discourses. The center piece of discussion will
be the struggle to preserve cultural identity against mass invasion: AASU as the advocate and
proponent of the rights of the indigenous. Criticism of AASU pertains to its efficacy in post-

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agreement mobilization with the Indian government, while looking for political
appropriateness and inability to be implicated both by the government and the proletariat.
Apart from economic consequences, it is observed that migrants, despite being vital for labor,
complicate the socio-economic environment. As far as the humanitarian aspect of illegal
immigration is concerned, emphasis is placed on the fact that migrants seek livelihoods. Thus,
by concluding, the article states that only proper and informed policy-making with a
cooperating community will bring an end to the multifaceted issue of illegal immigration and
aid in preserving the inherent entity of the Assamese.

E A STUDY OF MIGRATION FROM BANGLADESH TO ASSAM, INDIA AND ITS

IMPACT- BY MADHUMITA SHARMA-
The main concern of this thesis is the migration of people from Bangladesh to Assam, India,
and its multidimensional ramifications. It has explored the reasons behind such migration:
whether it is economically forced by poverty and unemployment or whether it is influenced by
politics in terms of partition and persecution, social influences, and environmental challenges
caused by floods and climatic conditions. Migration started in the late 19th century during
British rule and continued post-independence and after the establishment of Bangladesh, with
over 3 million Bangladeshi migrants estimated in India by 2001. The influx has significantly
altered Assam's demographic landscape-it has changed electoral demographics, brought in
identity politics, and changed land ownership and labor markets in economic terms.
Environmental Impact: The implications on the environment include forest area encroachment
and land-use changes. This thesis addresses migrant social and economic adjustment,
demonstrating proof of migrant adjustment into the Assamese society at different levels,
activities, and the establishment of networks of support. The study thus concludes that though
migration initially promoted Assam's development, today it represents a complex set of socio-
political and environmental challenges that must be addressed over a long period with suitable
policies to redress the interest of the indigenous population and the migrants.
F "Look East to Act East Policy and Its Impact on Immigration in Assam" by Jayanta
Borua,research scholar at North-Eastern Hill university Shillong
The review of the literature would discuss the change from India's Look East to Act East
Policy and its significant aftermath in immigration matters in Assam. This Look East Policy,
initiated by Prime Minister Narasimha Rao in 1991, aimed to strengthen ties with Southeast
Asia, which during the prime ministership of Narendra Modi in 2014 became the Act East
Policy to get deep into East Asian nations. Both policies aimed to develop Northeast India and,
especially Assam, as a gateway to Southeast Asia, bringing forth the idea of economic and
infrastructure development through foreign investment and connectivity projects. At the same
time, the interests of local communities were frequently ignored. Assam has long suffered due
to illegal immigration, especially from Bangladesh, which has resulted in disproportionate
growth in the population, with Muslims becoming the most populated community. Such
policies have the potential to perpetuate problems of immigration and are pressed against
Assamese cultural identity, especially as probed during conflicts like the 2012 Bodo-Muslim

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violence. The complication of illegal immigrant voting rights only aggravates the complexity
of the local politics and immigration control, particularly with recent policies such as the
Citizenship (Amendment) Act 2019. Looking and acting East are accused of not having
adequate policies on illegal immigration; hence, a balanced solution that will blend growth
with local identity protection is encouraged. There is future scope for research about an
effective policy solution for this issue.

G Contextualizing Statelessness in the Indian Legal Framework: Illegal Immigration in Assam

by Anushka Sharma
This literature review reviews the themes on statelessness and illegal immigration in Assam,
India. Sharma (2019) gives an overview of the legal framework that governs citizenship and
notes gaps within the Indian legislation on statelessness, further opining that India has not
ratified key UN conventions. The historical context is important because the matter leads back
to decolonization, partition, and the conflicts between East and West Pakistan that led to a
massive influx of people into Assam and subsequent hostility from the indigenous locals. The
process also consists of judicial interventions, and scholars like Sharma and Bhatia discuss
important Supreme Court judgments, such as Sarbananda Sonowal v. Union of India (2005)
and Assam Sanmilita Mahasangha v. Union of India (2015), which have influenced legal
strategy in illegal immigration cases. Recent literature focuses on the updating of the National
Register of Citizens (NRC), where Pisharotty reviews the historical context and process of
implementing the NRC. There is also Kumar, which elaborates on the potential consequences
that many will be left out as citizens. In total, the prevailing literature portends complexities of
statelessness and immigration matters in Assam through these factors of legal, historic, and
judiciary input.
H Dealing with illegal immigrants in Assam understanding the Jurisprudence in past, present
and future
This literature review finds the subject of illegal immigration in Assam to be complex and
undertakes the task of exploring some salient themes in scholarly discourse. The historical
context reveals that even contemporary immigration policies are rooted in colonial legacies.
Although Baruah (1999) claims that the post-independence legislations, amongst which the
Foreigners Act of 1864 holds a prominent position, have remained quintessentially colonial,
Barpujari (2006) begins tracing the source of major legislations-such as the Illegal Migrants
(Determination by Tribunals) Act of 1983-from this phase. The politics of identity and
citizenship figure centrally in the main polemic: Baruah (1986) mentions that ethnic conflicts
in Assam from 1979 to 1985 were underpinned by the immigration debate. The NRC process
has been criticized for suspecting all citizens. Legal responses such as the Assam Accord of
1985 set a cut-off date for detecting illegal immigrants, whereas more recent legislation, the
Citizenship Amendment Act 2019, has added another layer to the legal jigsaw puzzle. The
other aspect of the problem surfacing in Assam is human rights issues regarding detention
centers created after a 2008 court order resulting in detention lasting for a long time, and
financial distress among detained people. Last but not the least is the regional dynamics that

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reveal Assam's immigration problems within the South Asian context with an absence of
coordinated migration agreements. Taken collectively, the literature suggests integral studies to
be done based on the 'historical', a 'legal', and 'social' perspective, incorporating 'human rights'.
CROSS BORDER MIGRATION IN ASSAM DURING
I 1951-2011: PROCESS, MAGNITUDE, AND SOCIO_ECONOMIC CONSEQUENCES Dr
Nandita Saikia Dr William Joe
Actually, the existing literature on Assam about immigration adequately shows a very complex
transformation from the time when the economic phenomenon was perceived as initially
positive to what is currently viewed as a so-called socio-political controversial issue. Indeed,
early scholarship, particularly by Davis (1951), has documented that it was among India's
largest streams of immigration, which significantly contributed toward agricultural
development and, consequently, the economy of Assam. Its acceleration was prompted by the
colonial administration in order to fill labor demands that made Assam one of India's fastest-
growing provinces.

Increases in population pressure led to ensuing competition over resources and social tensions,
as recognized by Chakraborty (2012) and Sengupta (2006). The literature accounts for the
policy response development trajectory from the Immigrants (Expulsion from Assam) Act of
1950 to the Prevention of Infiltration from Pakistan Act of 1964, showing that more concrete
recognition came from the government toward immigration-related problems.

The newer scholarship takes a view on how the intersection of identity politics, resource
competition, and demographic changes is perceived to be playing a role. The studies had
proven that at first immigration had acted as an instrumental strategy in making agriculture
more productive through means of better techniques or diversity in crops (Nath & Nath, 2010).
Later it had been the reason for ethno-political tension. The search would thus require policy
changes that are balanced to both economic, social responses toward immigration into Assam.

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Research Methodology
Two main papers were the primary sources of this qualitative and quantitative research. except
for that, other secondary sources of data referred to in the sources and references also drew
upon to garner other references and source of information gathering in order to gather all
relevant information relevant to the research objectives.
A STUDY OF MIGRATION FROM BANGLADESH TO ASSAM, INDIA AND ITS
IMPACT- BY MADHUMITA SHARMA- The researcher who wrote the thesis on migration
from Bangladesh to Assam used mixed methods, correlating both quantitative and qualitative
research methods toward an all-inclusive understanding of the migration phenomenon.
Quantitative research consisted of structured surveys in the desired Assam areas and garnering
information based on demographics, reasons for migration, and socio-economic status. They
used the questionnaire questionnaires which were closed-ended for statistical and administered
secondary data from the census report by the government aimed at analyzing migration over
time.
Qualitative study: The researcher carried out a number of semi-structured interviews with the
migrants and influential stakeholders in order to have knowledge of personal experience and
perceptions. Focus group discussions were approached to bring collective insight to shared
experiences, while field observations became a good source in understanding the living
situation about the migrants. Purposive sampling was applied to relevant study areas and
respondents in consideration of geographical proximity to the Bangladesh border.
Quantitative data were analyzed using statistical approaches, and qualitative data through
thematic analysis, in order for the findings of patterns to describe migrant experiences. The
combination of findings into both provided an in-depth view of what dynamics were at work,
and triangulation increased the validity of the study through cross-checking by multiple
sources of data. This methodology is important and provides a reference for future studies on
migration and accompanying social phenomena.

CROSS BORDER MIGRATION IN ASSAM DURING 1951-2011: PROCESS,

MAGNITUDE, AND SOCIO ECONOMIC CONSEQUENCES by Dr Nandita Saikia Dr
William Joe- The research methodology applied in the report constitutes a combination of
both quantitative and qualitative approaches to comprehensively analyze immigration in
Assam. Structured questionnaires were used to assess indicators such as education, income,
and land ownership with a view to gathering demographic and socio-economic information
from native as well as immigrant populations through quantitative surveys. This has been
complemented by qualitative methods such as in-depth interviews and focus group discussions
that involve personal experiences and perceptions regarding immigration. Statistical techniques
were used to analyze data, while the primary data was obtained through a field survey
conducted across various districts in Assam. Simultaneously, there was a complete literature
review that was provided with context to the findings. Thus, it provided a nuanced
understanding of the immigration phenomenon as well as the societal implications behind it.

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In this research work, the authors are trying to explore the socio-economic impacts of cross-
border migration from Bangladesh to Assam by using the primary data collected in the study
"Cross Border Migration in Assam During 1951-2011: Process, Magnitude and Socio-
Economic Consequences" as a source of secondary data. The rich dataset covering field survey
provides perfect scope for relating demography, motivation, and experience of the migrants.
This data is again re-analyzed by the authors to focus on certain research questions regarding
long-run effects of migration on both the migrant population as well as the local communities
in Assam. Statistical analysis methods are used to compute trends and patterns that then can be
meaningful conclusions drawn on the socio-economic consequences of migration. In addition,
the writers will always appropriately source the research and shall adhere to the ethical code in
using the data to contribute to the on-going discourse in the region on migration.

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1 INTRODUCTION
Migration is the global phenomenon that has influenced population dynamics more than anything
else during all human history. The process involves a relatively permanent movement of
individual persons or groups across political or symbolic boundaries into new residential areas
and communities. With time, migration has evolved from the small tribal movements or clan
movements in ancient history to the modern trend of moving individuals or families across
regions and countries. There are two important forms of this process of migration. Internal
migration is when people move within a country to establish new residence-a common factor for
which people migrate being economic opportunities, natural disasters, and even social factors
such as the relocation of family or retirement.
A process of this nature has played a major role in shaping the country's demographic and
economic profile. Essentially, it often alters labor distribution and affects urbanization.
International migration is movement between two countries, temporary or permanent. The
movement falls broadly under emigration, where a person leaves their country and immigration,
whereby the individual moves to another country. Both types are driven by factors such as
political instability or lack of jobs, and pull factors such as better job prospects or political
freedom. Most countries have different responses to migration. Most nations have usually tried to
manage the migration into place to suit the domestic economic or political needs.
However, controlling the migration is not an easy and straightforward affair and is a very critical
challenge to most countries where control over the flow of people along their borders can be
maintained. Among the most serious problems that most countries are facing today is illegal
immigration, whereby the immigration process is not followed or where a person stays in another
country without legal permission. Illegal immigration is now an issue for most countries,
growing in recent years. It raises more concern for those countries that are reporting high
undocumented immigration into their borders since there is lack of legal oversight leading to
socioeconomic and security concerns. Illegal immigration presents a big challenge not only in
terms of border control and law enforcement but also in terms of social services, employment
markets, and housing in destination countries.
The issue of illegal immigration is highly complex in the Indian context, and the country still has
not realized the enormity of the long-term implications of it.
India as a destination and host country of large-scale migration, particularly from the
neighboring countries, faces unique problems of managing both legal and illegal migration. It
can be assumed that measures which the Indian Government has undertaken to limit illegal
migration are more or less pathetic and they have been responsible for a scaling up of this
problem. Illegal migration may be defined as trans-boundary people movements which are not
consistent with national laws and regulations. Normally it is related to emigration as well as
immigration.
This problem of concern in today's world is on the increase in many countries around the globe
including India. The country has turned out to be a destination for migrants and many, especially

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the neighboring nations. According to the World Migration Report of 2010, India has emerged as
the largest host nation for migrants in Asia, with an estimated number of 6.1 million migrants in
2001. Most of these migrants come from Bangladesh, Pakistan, and Sri Lanka, with the
Bangladesh-India migration corridor being the fourth largest in the world, accounting for
approximately 3.3 million migrants, according to the World Bank in 2011. India is in the list of
top ten destination countries for international migration, and therefore, it poses quite challenging
problems.
The large scale of migrating, coupled with the fact that most of the migrants crossing the border
from neighboring countries, especially Bangladesh are undocumented makes this a huge
problem. The large inflow of undocumented migrants puts pressure on India's border control and
immigration enforcement systems. There is, in addition, an enormous undocumented population
within the country that affects local economies and creates labor market tensions and may be
accompanied by social and political unrest. The prospect becomes even more difficult when
accounting for the estimates provided by Hugo in the World Migration Report 2010. According
to Hugo, undocumented migration within the region happens to be one of the largest flows in the
contemporary world.
He puts the undocumented migration flow between Bangladesh and India alone at an astonishing
17 million. The movement of such undocumented migrants is a phenomenon that would have
far-ranging implications for India and the entire region.

The phenomenon of migration from the erstwhile East Bengal/East Pakistan, now Bangladesh to
the eastern and northeastern regions of India has existed for a long time. After the partition of
India in 1947 and the resultant alteration in the political boundaries, this historical movement
became termed "illegal." In Indian history, three major instances of forced migration took place
in response to certain events, but they were short-term. However, unchecked illegal migrations of

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people from Bangladesh to India have emerged as one of the most complex and contentious
issues between the two neighborly countries and within India itself.

This cross-border movement is influenced by the coming together of a cocktail of factors, among
them being economic, environmental, religious, and even political forces. Economic hardship
and environmental problems are foremost concerns in this regard. Bangladesh is the most
densely populated and poorest country around the world with a population of 130 million in
2001, leaving a density of 881 people per square kilometer. According to estimates put forward
by the World Bank, if the fertility rate does not decline suddenly, Bangladesh will witness more
than 180 million residents by the year 2025 and more than 208 million by 2050. What's more,
almost 44.3 percent of the population was living below the poverty line way back in 2002, which
further hints at severe economic difficulties. Natural disaster like floods, cyclones, drought,
erosion of riverbank, and landslides have been hazardous for the country, worsening the
economic conditions that push people to migrate. So Bangladesh remains a substantial source of
labor and most of its migrants are low-skilled and unskilled.

This research principally studies the illegal immigration into the Indian state of Assam from the
area that today forms Bangladesh. The paper considers socio-political as well as economic
implications of such immigration on the state and discusses factors responsible for them and the
consequences, and with the hint that suggests policy measures needed to handle such illegal
immigration into the state. Analysis of these factors would further deepen the complexities
involved in illegal immigration into Assam.

1.1 Assam
Assam is a state in the north-eastern region of India sharing international borders with
Bangladesh in the south-west and Bhutan in the north. Within the federation of India, Assam
shares boundaries with six states: Arunachal Pradesh in the north and north-east, Nagaland and
Manipur in the east and south-east, Meghalaya and Mizoram in the south, Tripura in its south-
west and West Bengal in the west. Assam together with these north-eastern Indian provinces,
excluding West Bengal, shares a 1,879-km border with Bangladesh, including its share of 262
km of which 92 km is riverine (Goswami, 2006). Topographically, the north-eastern provinces
are mountainous and hilly; Assam is partially hilly with two major river valleys, Brahmaputra
and Barak.

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Assam has a diverse population mix: plains and hill tribes of different origin. The Mongoloid
tribes are of Chinese, Burmese and Thai origin. The tribe with Thai origin, known as Ahom was
once ruling Assam, and according to many historians, the very name "Assam" might have come
into being to represent the Ahom reign (Gait, 1906); however, there are others who hypothesize
that the name "Assam", pronounced as "Axom" with the literal meaning of "uneven", could be
attributed to the regional topography of the terrain. In addition to the above tribes there are
Assamese and Bengali speaking people in the plains and also a sizeable population from other
parts of India making Assam their permanent home; especially, the tea garden laborers and the
immigrants from East Bengal/Bangladesh who together form the majority of such population
(Bhuyan, 1977).

Until a few decades ago, Assam was a very peaceful state of India, with her people from different
ethnic and religious backgrounds living in relative harmony. Most of the indigenous people were
self-sufficient and owned their own land. There were vast tracts of uninhabited land, especially
the char areas, hills and river banks (Barua, 2009, Nandy, 2005).

With an area of 78,550 sq. km. it is the fourteenth most populous state in India with a total
population of 31,169,272 (Census, 2011) at a density of 396.8 per sq. km. (Census, 2011). The

15
official language is Assamese along with English which is used for official purpose only. As per
2001 Census data, the three major religions practiced here are Hinduism (64.9 percent), Islam
(30.92 percent), and Christianity (3.70 percent) along with Buddhism (0.19 percent), Sikh (0.08
percent), Jain (0.09 percent) and others 0.13 percent (Census of India, Assam, 2001).

The state is accessible by air, railways and roadways. However, unlike in the other more
developed Indian states, the transportation network and connectivity are poor, and they are often
subject to disruptions due to natural causes such as floods and landslides. Within the state, the
river Brahmaputra provides some waterways. However, due to the non- existence of a formal
river transport system between India and Bangladesh, Assam has not been able to fully garner the
potential her river system offers for waterway

1.2 Bangladesh

In August 1947, when the British government relinquished its power, India was divided into two
independent sovereign countries based on a controversial religion-centric 'two- nation' theory:
Pakistan and India. The two nation theory was laid on the basis of the then prevailing
demography of the two major religious groups, Hindus and Muslims. Accordingly, the
predominantly Muslim-populated areas became the part of the newly carved out country, named
Pakistan and the rest of the areas with a Hindu majority remained in India. Rulers of some
Princely States (ruled by Kings and Territorial

Dynastic Rulers with limited autonomy and treaty with the British colonial government like
Kashmir and Tripura) in the border regions were offered options to choose accession to any of
the two countries: India or Pakistan.

The partition of India along religious lines, however, was not simple and straightforward; for,
both Hindu and Muslim communities had been coexisting within the same localities spread all
over India. As a consequence, the partition resulted in Pakistan having two distinctly Muslim-
majority regions - West Pakistan and East Pakistan (Figures 1.2). There was no land corridor
connecting these two East and West Pakistan regions. Moreover, other than religion, there was
hardly any other cultural and linguistic similarity or bond between these two regions. This, plus
the vast geographical separation between East and West Pakistan eventually led to the complete
separation of East and West Pakistan into two independent countries again in 1971. East Pakistan
became Bangladesh, a new country born out of Pakistan in 1971 as a result of civil war and war
with India. The erstwhile Pakistan reduced to only what was previously West Pakistan.

In the context of examining migration from Bangladesh to Assam, it is important to develop an

understanding of the comparative demographic and economic features of Bangladesh with
Assam. Table 1.1 provides a summary of these features, on the basis of respective census data
from 2001 and 2011.

The 2011 Bangladesh Census results were finalized in July, 20125. It registered an annual
population growth of 1.37 percent which is below the annual growth rate of 1.58 percent
reported in 2001. Of its total population of 152.5 million, only 1.59 million (1.05 percent) are
reported to be ethnic population comprising of 797,000 males and 788,000 females.

16
As per the 2011 Census, the average family size in Bangladesh decreased to 4.4 persons from 4.8
persons reported in 2001 and 5.5 reported in 1991. This trend suggests that families in
Bangladesh increasingly prefer smaller families for a better living standard. A comparison of the
key features of Assam with Bangladesh as shown in Table 1.1 shows that the decadal population
increase in Bangladesh is higher than in Assam according to the 2011 census. It is 22.6 percent
for Bangladesh as compared to 16.9 percent for Assam. The literacy rate of Bangladesh
according to 2011 census is 51.8 percent whereas it is 73.2 percent for Assam. The human
development index after inequality adjustment, for Assam is 0.341 in 2012 whereas for
Bangladesh it was 0.515 in 2011. High population growth (Weiner, 1995, p. 27), low literacy
rates and high unemployment in Bangladesh are contributing to migration from Bangladesh
(Deka, 2011)

17
2 CAUSE OF IMMIGRATION
Migration is not a recent phenomenon in Assam but what makes it concerning is the large scale
increase in the illegal immigrant in the last 10 years. The major section of these illegal
immigrants are from the neighboring of Bangladesh and Nepal. In this section, we will discuss
several causes that can directly or indirectly affect illegal immigration in India.
2.1 Economic Cause
As the traditional economics says international migration is the individual's cost-effective
decision undertaken in order to get high economic benefits. The neoclassical theory of
microeconomics states that "individual takes their decision to migrate on the basis of cost-
effective calculation. This theory also states that people move from a lower income country to a
higher income country if he/she believes that he can attain higher economic gains. This theory
holds partially true in the context of migration from Bangladesh to India.
According to the UNFPA annual report of 2011, the annual growth rate of population in both
India and Bangladesh is 1.3 percent. However, the two countries differ much regarding the per
capita national gross income, which is reported by the world bank.
Table 1.1 Population, Growth rate and GNI per capita of selected Asian countries

COUNTRY POPULATION (IN Avg. Projected GNI, Per capita

MILLION) Population Growth (US $)
in 2010-2015
SRI LANKA 21.0 0.8 2580
INDIA 1214.5 1.3 1420
BANGLADESH 152.5 1.3 770
PAKISTAN 176.7 1.8 1120
NEPAL 30.5 1.7 540
Sources: State of the world population, 2011, UNFPA http:// [Link]/swp

The reported per capita GNI by UNFPA in 2011 stood at $770 for Bangladesh whereas for India
it is almost double at $1420. This data shows that the difference between per capita GNI of $650
itself can act as major full factor which pushes natives of Bangladesh to migrate to India in order
to attain a better economic position.
The population and housing census 2011 reveals that the population of Bangladesh is 152.5
million within the total area of 147,570 sq. Km. Bangladesh's population density increased from

18
285 persons per sq. km in 1951 to 1,015 persons per sq. km in the year 2011, showing an
increase of more than 256 percent.
Agriculture Census Bangladesh 2008. There were 4.5 million households, out of which 1.22
million were rural, and agriculture contributed 21% to the GDP and was the employer of 50% of
labor force. In addition, 15.6% of the households were landless, but a far greater proportion was
in the urban centers (4.4%) than in the rural settings (11.4%). More than half of the population
was below the poverty line. This has consequently led to continued migration due to people in
quest of better opportunities. All these factors outline an important relationship between
agriculture, poverty, and migration in Bangladesh.
TABLE 1.2 ECONOMIC REASONS FOR MIGRATION ACCORDING TO THE
RESPONDENTS
REASONS MUSLIMS (123 HINDUS (70
RESPONDENTS) RESPONDENTS)
FINANCIAL GAIN 31 Respondents 14 Respondents
EMPLOYMENT 26 Respondents 13 Respondents
OPPURTUNITY
BIGGER AND STABLE 13 Respondents 4 Respondents
ECONOMY
BUSINESS 12 Respondents 14 Respondents
OPPORTUNITY
TOTAL RESPONDENTS 82 Respondents 45 Respondents
Sources: : A Study of Migration from Bangladesh to Assam, India and its Impact
From table 1.2, It is evident that 67 percent of Muslim respondents and equal number of Hindus
(64.3 percent of Hindu respondents) Quoted that they came from Bangladesh to India in pursuit
of better economic opportunity and secure financial future and higher earning.
Among the factors listed above, having more scope to have more income is of most importance,
followed by higher opportunities for both groups to get employment. Hence, the chances of
chances to generate larger economic returns and types of employment opportunities, in general,
rank high among the factors that propel emigration.

Apart from the above economic causes, there are some other important reasons that cause the
migration of Bangladesh people to India. Some of them are political causes, Environmental
causes, and some social causes also. The causes can be characterized as the Bangladesh people
migration into India:
2.2. Political cause
In general, migration is basically classified into two categories-forced and voluntary. Bangladesh
is an unusual case of a nation where it has witnessed both these categories. Forced migration is
due to some unanticipated events it can be political as well as environmental. The partition of

19
India in 1947 may be cited as the first forced migration in Bangladesh, when the Hindus decided
to move to India leaving all behind based on the apprehension of religious persecution and also
atrocities. The war of 1971 when Bangladesh was separated from Pakistan, where millions of
people took shelter in India to avoid the very inevitable and also the India-Pakistan war of 1965.
These can be viewed as an example of sudden and coercive people migration from Bangladesh to
India in the face of persecution. Persecution takes place with irregular frequency and intensity.
The other category is that of unforced migrants, who are moving out voluntarily in pursuit of a
better livelihood and cultural gains.
TABLE 1.3 POLITICAL REASONS FOR MIGRATION ACCORDING TO THE
RESPONDDENTS

So
urces: : A Study of Migration from Bangladesh to Assam, India and its Impact
Table 1.3 Discussion on Political reasons cited by the respondents for forced and voluntary
migration from Bangladesh to India
The most important reasons for migration from Bangladesh for the Muslim migrants, according
to the perceptions of the survey, are the war of 1971 since as much as 39 percent of the
respondents have cited it as their main reason for migrating to India. This is followed by that of
1965. Lack of security was cited as the third political reason for migration by 7 percent of the
respondents. Other reasons were mentioned: social and political life lacked equity, others moved
because of compulsion. Few mentioned that political stability which India offered as a secular,
democratic country with a well-functioning political process was their prime reason for
migration.
One of the primary reasons that work for migration is insecurity in Bangladesh that motivated 43
percent of the Hindu respondents. Then there is the war of 1971 stated by 36 percent of them and
also as significant, lack of equity in social and political life where 16 percent stated it as one of
the reasons for migrating. Other factors were the war of 1965 and also the partition of India.
Table 1.3 Reveals that 39 percent of Muslims and 36 percent of Hindus deemed the war of 1971
over Bangladesh as another pull factor that led to migration from Bangladesh to India. This is
the same in the case of people who went out from India, mainly Bangladeshi nationals, between
8.3 million, as estimated by the Indian government, who left the country during the 1971 war due
to being compelled to do so as a way of avoiding the internally generated economic and political
instability or both, followed by externally induced pressure or intervention intended either to
exploit or to reverse that growing instability. In addition, 19 percent of Muslims and 6 percent of
Hindus mentioned that their reason for migration was the war of 1965. The 1964 and 1965
20
atrocities followed by the India-Pakistan war in 1965 and after that, the different policies adopted
by the government of Pakistan one of them is the Enemy Property Act of 1965, after which one
more million people left East Pakistan and came to India.
2.3. Social causes
Migration from Bangladesh is highly networked. According to the definition, "sets of
interpersonal ties that connect migrants, former migrants, and non-migrants in both origin and
destination areas through bonds of kinship, friendship, and shared community origin". Field
surveys reveal that the linkages between Assam migrants and Bangladesh migrants enable
migration. As the number of migrants approaches a critical threshold, these networks lowers
costs and risks associated with movement, encouraging more migration and increasing the
network. It is only over time that such migratory behaviors tend to spread and become part of
broader segments of the sending society.
TABLE 1.4 SOCIAL REASONS FOR MIGRATION ACCORDING TO THE
RESPONDENTS

Sources: Study of migration from Bangladesh to Assam, India and its impact
Historical links between Bangladesh and India engender substantial contact among kith and kin,
friends, and compatriots, which goes a long way in helping migrants. Such historical ties, as well
as numerous other external and internal factors, have influenced the pattern of migration in South
Asia, believes Haque (2005, p. 41). Most of the migrants have indicated that mass migration
would not have been possible without the support of family members and friends.

One of the more important reasons as stated by the respondents is social acceptance and freedom.
The migrants point out the ease with which one can hold land in India, for there are no
zamindaris or local brokers interfering in the transfer of lands. The secular nature of India also
enables an extent of religious freedom, speech, and expression besides cementing their decision
to migrate. There is a deep desire among respondents for a better future for their children within
a stable and secular India that, when contrasted with their states or other countries, better
accommodates equality in social and political life. Indeed, 4 percent of the Muslims and 1
percent of the Hindus believe India offers a safer place to raise children.

Furthermore, girls are often married and sent to India due to matrimonial reasons in Hindu
families. Owing to the partition and huge migration thereafter, the Hindu minority is faced with

21
the problem of seeking the most suitable matrimonial alliance .Many Hindu girls migrate to India
for marriage and stay at first with relatives till they get married. This has been found to be true
by 4 percent respondents of this survey.
2.4. Environment cause
Environmental factors play a huge role in migrations, but political, economic, social, and cultural
factors decide what will be the living standards and accessibility to resources. Bangladesh Prime
Minister Sheikh Hasina said that global warming would make Bangladeshis up to 30 million a
"climate migrant" because a 1°C rise would submerge a fifth part of the country while speaking
at the 'Bay of Bengal Initiative for Multi-Sectored Technical and Economic Cooperation
(BIMSTEC) Summit' in Myanmar's Nay Pyi Taw from March 1-4, 2014. Besides this, natural
catastrophes such as floods, destructive cyclones, riverbank erosion, drought, and waterlogging
repeatedly hammer Bangladesh, complicating the migration debacle.
Bangladesh is highly exposed to natural disasters, resulting in annually great loss of human lives
and displacement. As many as 0.6 million lost their lives in 2011, and another 6 million was
affected. The loss of economic aspects of Bangladesh's GDP due to these natural disasters has
been severely registered. It is estimated that from 1991-95 the total economic cost was 2 per
cent, in 1996-2000 it was 2.4 percent, in 2001-2005 it was 1.0 percent and in 2006-10 it was 0.8
percent(Source: A Study of Migration from Bangladesh to Assam, India and its Impact, p.98).

Apart from natural disasters, man-made disasters have also suffered great blows to the
environment and to the economy. For instance, the Farakka Barrage (Swain, 1996) and the
Kaptai Dam have dis-placed around 100,000 people and flood-ed 54,000 acres of land from
farmland, destroying the lifeblood of local com-munities. All these factors have forced many
people into migrant status, whether it is within Bangladesh or worldwide.
TABLE 1.5 RESPONDENTS STATING ENVIRONMENTAL EVENTS AMOMG
REASONS FOR MIGRATION

Source: A Study of Migration from Bangladesh to Assam, India and its Impact
Table 1.5 Quantification of the respondents who migrated to Assam because of environment-
related reasons Percentage of respondents Primary reason for migration and details of
environment-related reason Natural calamities such as floods, cyclones, and droughts Because I
have suffered the repeated hardships resulting from such occurrences frequently Paddy and

22
livestock destruction due to floods destroys crops and livestock and results in my losing heavy
revenues 5.2 percent.

They were forced to purchase basic staples in the little savings they had instead of selling surplus
produce. Because of the lack of savings, most people had to face famine since their inability to
meet these basic needs became one important deciding factor for many who moved to Assam, as
survival was no longer possible in Bangladesh.
[Link] Factors
a) Nearest to Bangladesh
The geographical proximity of Assam to Bangladesh, coupled with an easy border, makes
migration easier without much chance of detection, as was brought out by field surveys.
Proximity also makes it easier for migrants to become accustomed more readily to local weather
conditions. About 2 percent of Muslim respondents and 9 percent of Hindu respondents cited
proximity to their places of origin in Bangladesh as a major factor in the decision to migrate.

TABLE 1.6 FACTORS WHICH MOTIVATES MIGRATION

23
Sources: A Study of Migration from Bangladesh to Assam, India and its Impact

b) Illegal Trade
Whereas India and Bangladesh have a formally agreed trade relationship, illegal trade across the
border between these countries is rife and absolutely gets out of hand. Illegal trade has become a
prime source of income for many migrants and local residents along the border lines.
Various products, from agricultural machinery, mobile phones, building materials iron, and
irrigation pumps, stream into Bangladesh through the Assam border. As the Commandant of BSF
in 2009 ,

24
argues, cattle trading is a very lucrative activity fetching about five million dollars annually.
Besides cattle, smaller things such as rice, liquor, medicines, and salt are also trafficked, besides
all such serious issues like arms, explosives, and human trafficking.

Illegal trade has emerged from discussions with the migrant community as an important driving
force of migration. In addition, ethnic and cultural affinities between both sides of the border, as
well as the ineffectiveness of preventive mechanisms in place, have aided this illegitimate trade.

3) Historical Background
3.1 ILLEGAL IMMIGRANTS INTO INDIA
Migration from what was once East Bengal/East Pakistan and is now Bangladesh to the eastern
and north-eastern regions of India has been a continuous trend. It was only after India was
partitioned in 1947 and political boundaries shifted that this ancient tradition was deemed
'illegal'. After partition, many hundreds of thousands of Hindus escaped from East Pakistan to
India to avoid communal violence. This was also noted in the Bangladesh Liberation War of
1971. In 1965, the Chief Minister of Assam commented that more than a million "illegal
Pakistani infiltrators" had crossed into eastern India between 1951 and 1961. Of which, there
were as many as 220,961 in Assam, 459,494 in West Bengal, 297,857 in Bihar, and 55,403 in
Tripura. Assam and other places have been facing migration since India gained independence.
Individuals who have been victims of religious and political persecution, economic and social
discrimination, cultural repression, and curtailment of civil rights have been attracted to India as
a country of residence. Illicit migration has become one of the most contentious and volatile
issues in Indian politics for it has caused tremendous socio-political upheavals. Illicit migration
refers to the act by which individuals migrate from one state to another across international
boundaries but in direct contravention with the immigration laws of the destination state.
India, despite being a country of multicultural races and traditions, is still a country of
destination for immigrants from various countries across the world. The post-independence and
partition history from Pakistan also experienced this phenomenon. Currently, most immigrants in
India come from neighboring countries in South Asia due to the longstanding historical and
strong economic connections dating back to the colonial times. These immigrants have settled
next to centers of commercial and agricultural activities. And it has caused tremendous growth in
the new urban India, where a few of the world's largest cities are now sprouting.
India is a peace-loving nation, that always wants to remain peaceful and calm following the UN
regulations of international relations. However, there is a considerable rise in immigrants from
Bangladesh who cross into this country in search of easy, cheap, and accessible jobs as labourers,
housemaids, and rickshaw pullers. Conversely, there is scarce information about illegal
immigrants.
Illegal migration across our border has been going on without any interruption since more than
five decades. The full implication of unregulated immigration in national security has never been
realized. Large-scale illegal migration resulted in demographic changes in the border districts of

25
West Bengal, as well as in several districts of Bihar, Assam, Tripura, and Meghalaya. Delhi,
Maharashtra, and Rajasthan have also felt its repercussions. It is, therefore clear that large scale
immigration has very serious implications for society, economics, politics, and security. The
Indian government has failed to address the menace of illegal immigration in earnest.
Unfortunately, any discussion on this subject was communalized year after year as political
parties would assume a position taken from the electorate they had to address. Large-scale
unlawful immigration poses grave threats to our safety, social assimilation, and economic
prosperity.
3.2 ILLEGAL IMMIGRATION INTO ASSAM
Assam, situated at the North-Eastern corner of India, is a bastion of natural endowments in the
region. Assamese is one of the 26 different ethnic groups who have lived in harmony for
thousands of years.
When the British took over Assam, they gradually extended their influence to the surrounding
regions, changing the social, political, and economic setup of the North-East region significantly.
Increased growth in the tea, oil, and coal sectors created an increasing demand for migrant
laborers and thus triggered massive levels of immigration from many regions. Additionally,
surplus land availability attracted many cultivators from nearby East Bengal/East Pakistan.
Immigration from what is now Bangladesh only became 'illegal' following partitioning of India.
However, the Assam Accord, dated 15th August 1985 declares that all those who entered Assam
before 1971 are 'Indian citizens'. In 1998, SK Sinha, former Governor of Assam, analyzed the
impacts of illegal immigration into that region. In his report to the President of India, he
expressed concern that fifty years after Independence, the attention still not drawn on the very
serious threat to national security posed by the continued illegal immigration was deplorable.
However, the arrival of undocumented migrants from Bangladesh has brought various problems
that are causing tension among the native Assamese populations. As there is a lack of proper
representation in modern Indian literature and legal documents, many cultural and linguistic
diversities within minor Assamese groups remain unacknowledged and leave them vulnerable to
identity crises. The whole assamese community is at risk of losing their identity. The crisis has
given birth to the emergence of challenges for the sake of law and order in the region, with the
Bodo-Muslim conflict of 2012 as an outstanding example that accounted for killing 77 people
and causing the displacement of thousands of families. The region is not only troubled by an
identity crisis but also by the threat of losing natural resources.
The illegal migration gave rise to political issues since many illegally migrated Bangladeshis
obtained their right to vote in the national elections due to the vote-bank policies and the corrupt
politics prevailing in the region. The Supreme Court of India accepted a petition alleging that 40
lakh illegal immigrants are there in the voter list of Assam and issued notices to both the centre
and state governments as well as the Election Commission of India. The APW petition sought the
removal of illegal immigrants' names from voter lists and suspension of the lists until aliens'
names were removed. The petitioner also asked that the Assembly elections scheduled for 2011
be postponed until the list of voters is corrected.

26
The 2001-2011 census reported Assam's population growth rate as at 17.6%. Even before this,
the same rate for Assam was reported at 16.93%. Report of the 1991-2001 census depicted that
Assam's population growth rate was 2.49% lesser than India and the estimated migrant rate stood
to be 0.56% lesser. The growth rate of the Muslim population in Assam was totally different
from the whole India in 1991, which was 16.23% in Assam whereas 22.9% in India. This turned
to 13.42% in India but strangely increased to 30.91% in Assam according to the 2001 census.
The differences in population growth rates in India and Assam indicate that the population
growth in Assam might not be natural, and the charges of increased illegal immigrants from
Bangladesh can be sustained by these facts since 1991. Assam immigrants are shifting to other
states of the region. Nowadays, these states of Nagaland, Mizoram, Arunachal Pradesh, and
Manipur experience a rise in the influx of migrants.
3.3 POLICIES OF GOVERNMENT AND IMPACT

Illegal immigration has been one of the long-standing socio-political issues in Assam, which has
resulted in a profusion of laws, government actions, and judgments of courts to decide and expel
the illegal immigrants since the partition in 1947.

Law and policy have remained the prime concerns of Assam since independence regarding the
issue of illegal immigration. This Act was enacted in 1950. In Assam in 1951, the first National
Register of Citizens was developed to identify unauthorized immigrants at the time from East
Pakistan. However, reports were also surfacing that under the 1960s program called 'Prevention
of Infiltration of Pakistan (PIP)', people were involuntarily being sent to East Pakistan. PIP was
abandoned in 1969. Bangladesh emerged as an independent country in the year 1971. This
independence movement came with a violent aftermath. Numbers of refugees rising in Assam
and its surrounding states soared up. A robust student movement for expulsion of illegal
immigrants took place in Assam. In Nellie village, on 18 February, the deadliest attack took away
a large number of lives and the killing happened within a day. Nearly two thousand were killed
on that fateful day. Due to circumstances, in 1985, the protesting groups made the Government
of India sign the 'Assam accord'. The state and central governments have agreed upon
identification and expulsion of the illegal migrants who entered Assam after March 25, 1971. An
Accord that is going to herald the beginning of the new formulation of the NRC in Assam. The
IMDT Act, or Illegal Migrants (Determination by Tribunal) Act 1983, was enacted in the year
1983. The Supreme Court of India declared IMDT to be unconstitutional and struck it down in
the year 2005, nearly two decades after it had been enacted. While the burden of proof of crime
lies on the government under IMDT, the same burden under Foreigners Act rests upon the
individual.

As executive actions, in 1962, under the PIP Scheme, Assam Police established a Special Border
Organization. At present, the Assam Police Border Organization comprises 4000 staff members.
APBO conducts surveys in districts considered high in perceived infiltration, identifies suspected
foreigners, and files cases known as 'Reference Case' sent to Foreigners' Tribunals. In 1997, the
EC also 'identified' hundreds of thousands of people as Doubtful voters and took away
citizenship rights. Many uncertain voters are often imprisoned in concentration camps. Most of
these uncertain voters belong to economic backward communities like Muslims, Bengali Hindus,

27
Koch Rajbangshis, Nepalis, etc.

The NRC process is one of the most effective processes for citizen identification meant for
detection of non-citizens. Initiated back in 2015, the process has already badly hampered the
exchequer and has already put at risk millions of people from becoming stateless. The NRC
process asked for documents from nearly 33 million people in Assam Legacy document being a
digitized form of pre-1971 electoral rolls, Current documents for proof of linkage, Preparation of
detailed Family tree, Mandatory re-verification and addressing objections,. This process has
more disenabled already economically poor people of Assam. The entire NRC process works on
the basis of the repute of a person rather than the individual. Supreme Court of India-the apex
Judiciary had brought some drastic alteration whereby, for the first time, it has vested directly
undertaken the authority of identification of the non-citizens by conferring the responsibility on
the NRC Authority that has considerably dented the concept of 'separation of power'.

The treatment of refugees, migrants, and asylum seekers in South Asia remains a pressing cause
for concern. The region contrasts with the European Union, which does not present any unity and
coherence on these issues. According to the World Bank, at present South Asia is counted among
the least integrated regions in the world.

SAARC is yet another organization on the agenda for regional cooperation in South Asia, but it
is not engaged effectively with any meaningful activity. There is still a need for a sustainable
policy development vision in light of issues that surround the matter of forced migration and
statelessness and to not let the problem rear its head again. The case in question can be seen in
the instance of Assam. Standardization of the jurisprudence at the regional level regarding the
illegal immigrants can help prevent such cases similar to the Rohingyas for the future.

4 Economic study
4.1.1 Local communities and authorities being affected by the issue of illegal immigration
Many factors determine migration from the rural areas to cities. Unskilled workers do so because
they seek manual labor positions that are in short supply in the rural areas. Similarly, educated
workers may migrate because human capital is better rewarded in cities. The lack of investment
and high population pressure can weigh against the utilization of land and other resources in
rural areas, thus increasing its burden and leading to surplus labour and migration. This excess
population migrating from rural to urban areas cannot be absorbed by the urban formal sector.
Along with this a large portion of rural migrants is basically unskilled and have limited education
and therefore they are unable to get job in the urban formal sectors. So they are compelled to
absorb themselves in urban informal sectors because entry to this sector is free and easy. Assam
is undergoing rapid urbanization. The state's districts underwent the most vigorous process of
urbanization in Kamrup. The explosive growth of Kamrup's principal city, Guwahati, has fueled
the extraordinary rate of its own urbanization.

28
 In general, large-scale migration brings about a wide range of short-run and long-run
effects on the society and economy of the host region/country. Already, the migration of
Bangladeshis into Assam has had significant consequences for the state's society, polity,
economy, and environment. The economic consequences can, however, be both direct and
indirect. Migration can and does affect the economy indirectly through effects on society,
polity, and the environment. It is also important to clarify that migration impacts the
economy both negatively and positively. The primary source of employment for the
migrants is either agriculture sector or urban informal sector of Bangladesh. The peasant
migrants from the erstwhile East Bengal at the beginning of the twentieth century brought
with them better cultivation techniques and greater varieties of crops. They also
introduced multiple cropping that was not practiced by the natives. Thus, they contributed
to rise in productivity of agriculture in Assam.

Because of such contribution, Assam had a rice surplus by as early as 1947 and also had a
number of vegetables and crops earlier unknown in the state. The general concern about the
harmful economic impact of immigration, particularly of illegal immigration, is over the labour
market consequences. Since immigrants, in general, and illegal immigrants, in particular, provide
cheap labor, it is apprehended that they snatch jobs from local workers. We now proceed to
examine the facts available to assess the implications of illegal immigration for the labor market
in Assam.
4.1.2 Illegal immigration can have a multifaceted impact on local economies, including effects
on wages, employment, and various other aspects
Illegal immigration can have a multifaceted impact on local economies, including effects on
wages, employment, and various other aspects. When there is an influx of illegal immigrants, it

29
can lead to increased competition for jobs, potentially affecting the employment opportunities
and wage levels for both immigrants and local workers.

One of the primary concerns related to illegal immigration is its potential impact on the labor
market. Illegal immigrants often take on low-skilled jobs in sectors such as agriculture,
construction, and hospitality. The availability of this labor force can lead to increased
competition for jobs in these sectors, potentially affecting the employment opportunities for local
workers. Additionally, the increased labor supply can put downward pressure on wage levels, as
employers may be able to pay lower wages due to the availability of immigrant workers willing
to accept lower pay. This can lead to economic tensions and affect the livelihoods of local
workers, especially those in low-skilled occupations.

Furthermore, the impact of illegal immigration on wages and employment can vary across
different industries and regions. In some cases, illegal immigrants may take on jobs that local
workers are unwilling to perform, addressing labor shortages in certain sectors. However, in
other cases, the influx of illegal immigrants can displace local workers, leading to reduced
employment opportunities and wage levels. The overall impact on the labor market depends on
various factors, including the skill levels of the immigrant workforce, the demand for labor in
specific industries, and the local economic conditions.

In addition, an illegal flow of immigrants may also incur additional macroeconomic effects on
the labor market. It may influence the total productive ability of labor in a country, and therefore,
a potential effect has to bear on efficiency and competitiveness of the local industries of

30
production. Moreover, the existence of a large stock of low-skilled immigrant workers can lead
towards an orientation towards low-cost labor and away from investments in labor-saving
technologies and innovations. This in turn can affect the long-term growth and development of
the local economy as well as the quality of the labor force in aggregate.

Illegal immigration may also have differential effects on wages. While cheap low-skilled
immigrant workers could lead to downward pressure on wages for particular sectors, the broader
economic drivers of changes in wages will generally need to be understood in a context much
larger than the one provided by low-skilled immigrant workers alone. The impact of illegal
immigration on the wage also varies depending on the specific industry, skill levels of the
immigrant workforce, and the overall demand for labor. More factors impacting the economy of
local wages will also be consumer spending and tax contributions by immigrant workers.

The impact of illegal immigrants on wages, employment, and the labor market is multifaceted
and conditional, and it may depend on the industries and regions considered. Though
immigration may augment competition for jobs and reduce downward pressure on wage levels,
particular consideration must be given to the broader economic factors that come into play when
trying to analyze the influences of labor market dynamics. Discussion of the impact of illegal
immigration on wages and employment requires an examination of market- and industry-specific
conditions together with the economic contributions of an immigrant workforce.

4.2 Economic analysis of immigration on:

4.2.1 Land: A Key Economic Resource

31
In Assam, the agricultural sector, too, experienced growth due to the migrants from Bangladesh
because the sector largely depends upon labor. The skills and determination of the migrants
brought forth innovation in that area, thus improving agricultural productivity in the region. In
fact, they introduced 'double cropping', cultivating crops both in winter and summer, which has
been a prime resource in optimizing land use. This practice, therefore, played a vital role for
Assam to become a "surplus province" for rice production even as early as 1947, says Guha
(2006).

The transition to multiple cropping has not only diversified land use but also brought new crop
varieties-such as vegetables, pulses, lentils, and even cash crops like jute-which did not exist in
Assam before. The crops have now become significant income-generating activities among
migrants and the indigenous populations. On the other hand, the fishing sector has also been
developed through new means of fishing (Guha, 2006).
With the push of migration, the population has increased, and landholdings have become smaller
across various land categories-including agricultural, forest, and riverine. This led to a relative
increase in the population of indigenous landlessness. Recurring floods and soil erosion further
add pressure to the land resources (Saikia, 2002). The inheritance laws in the region, which
perform equal distribution of family property amongst the children, have also contributed to the
decline of holding of land on an individual basis. The average operational landholding is only
1.15 hectares in Assam as against the national average of 1.33 hectares (Census, 2001). About
63.7% of the households of Assam hold less than one hectare of land, which is only marginally
above the national percentage of 62% (Agricultural Census, 2005-06).
Since the land plots are smaller in size, these modern mechanized farming techniques prove to be
economically unfeasible. Field surveys also indicate that most of the migrants use labor-intensive
agricultural techniques, often combining with chemical fertilizers such as N-P-K (Nitrogen-
Phosphorous-Potassium) and pesticides to augment yield. The state of Assam is already densely
populated, with an area of 78,438 square kilometers and 397 persons per square kilometer. This
pressure in the population is likely to increase as more people demand land for their livelihood. A
lot of migrants would look for jobs in sectors other than agriculture-thus, construction,
manufacturing, and services. This will raise competition for employment and create possible
conflicts between migrants and local populations. Currently, Assam has a total unemployment
rate of 6.4% against the national average of 9.5%. In contrast, Assam's urban unemployment is
very frighteningly high at 10.6% against the national average of 7.4%. Such kinds of imbalances
might pose a protectionist scenario within the state as its citizens may feel their employment
needs are being disturbed by rising competition.

32
Field surveys show that migrants engage in forms of work, aggregated in Table 1.1. Many of the
interviewees were holding several small jobs-two or three per person on average-each not only to
earn enough to keep them going but also to put in long hours of work. Those involved in farming
also frequently take other jobs beyond the main farm cycle period. The statistics in Table 1.1
illustrate that among migrants most types of employment are small-scale and closely associated
with agriculture. Even the people who describe themselves as being "farmers" are typically still
involved in agriculture businesses, such as buying or selling fruits or vegetables, or even farm-
hands.

Therefore, agricultural activities remain a migrant's main source of income. This fits into broader
statewide patterns in Assam, with about 53% of the population being agriculturally employed
(2001 Census), who constitute 34.8% of the workforce. These numbers are mirrored in the
migrant interviews, with 37.3% saying that farming or agricultural labor is their main economic
activity. The demand for arable land, therefore, is forcefully presented between migrants and the
native residents and, hence holds a vital position as the prime economic resource in Assam. The
socio-economic condition in this area is bound to change with time because of an increasing
demand for the produce. Competition for the land and agricultural opportunities may increase
further, complicating the relation between the migrants and the local population. Thus, to say the
least, the economic implications of immigration on land use in Assam are multi-layered. At one
level immigrants have made a significant input into agricultural productivity and diversification,
but at another level, growing population pressure has led to challenges pertaining to landholding
sizes and employment opportunities. All these will continue to interact and shape the economic
landscape of Assam and necessitate careful consideration of policies directed towards managing
the evolving dynamics between migrants and indigenous communities.

4.2.2 Labour

33
Hafiz Uddin Ahmed, President of Assam Char Chapori Sahitya Parishad 56 believes
that migrants were cheap laborers because they accepted a lesser amount than
the local people (Author's interview, 2011). Cheap labor benefits manufacturers
and consumers as it reduces the cost of production along with the selling price of
the product.
Table 7.3 compares the wages of laborers in Assam with those in India and there is
a clear difference between them. The average daily wages of labor in Assam is on
average about 5 percent lower than India's total national average.

Migrants and their descendants were the largest providers of labor for the construction industries,
public works such as road and building construction, laying railway lines, domestic cleaning, and
other unskilled work (Taher, 2011). There are several reasons for this: first, the lack of proper
education among the migrants, second, insufficient labor in relation to development activities in
the state, and finally the local people are mostly reluctant to undertake such jobs (Bhuyan, 1971).
The migrants also work in semi-skilled jobs like house painting, bricklaying, carpentry etc.
(Barua, 2009). Table 7.4 shows the occupational categories of migrant workers according to
census; whereas Table 7.2 provided the kinds of occupations of the respondent migrants in field
surveys. As can be noted in Table 7.4, most of the migrants were cultivators and 11.6 percent of
them were agricultural laborers because they cannot compete for jobs with the local people due
to low literacy rates and the appropriate training required to compete in the local job market
(Madhab, 2006).

Not much known in public circles about the remittance of Bangladesh migrants is the quantum of
remittances Bangladeshi migrants send to their families and relatives back home in Bangladesh.
According to FGD, the larger chunk of the Bangladeshi migrants remit money through informal
and personal connections instead of using formal channels like Bank transfer, Money Orders,
Cheques, etc. One very common and widely used informal money transfer to Bangladesh is
'Hawala'. In the "Hawala" process, they transfer money via acquaintant personal contacts. In this
modus operandi, they would remit the money in equivalent value in Bangladeshi currency to the
payee in Bangladesh instead of a fee, which is determined case by case (Focus Group
Discussion).

34
4.2.3 CAPITAL

Table 7.5 Level of education of migrant respondents The table indicates that the majority of the
respondents are uneducated. Of the respondents, 26.9 percent have no education and another
31.1 percent are classified as having some level of literacy but having no formal education. In
addition, 13.5 percent never completed their primary education. Only 8.3 percent reported having
a high school certificate. The Census defines a literate as: "A person who can both read and write
with understanding in any language is to be taken as literate. it is not necessary that a person who
is literate should have received any formal education or should have passed any minimum
educational standard" (Census of India, 1991, Series IV, Assam, p. 7)

Table 7.6 Assam per capita income and India's average national per capita income, from 1960 to
2011 Consumer Price Index adjusted Per Capita Income of India: Source: World Bank Table 7.6
The adjusted per capita income was above the national average until 1979, and then it declined
below the national average till 2010-11 (last column in Table 7.6 shows ratio of Assam to India
per capita income).

During 1951 to 1979, Assam's economy grew roughly at the same rate as India but since then per
capita income fell due to higher rates of population growth and the gap between per capita
income and the rest of the country has widened since then. This clearly shows that Assam has not
been able to catch up with the rest of the country in respect of its economic growth. According to
Ahmed (2006), political problems combined with 155 have become some of the main causes of
such terrible economic indicators in Assam.

insurgency that the state has been facing since 1979, and owe their origin primarily to the
problem of large-scale migration from Bangladesh. During this period the population of Assam,
grew at a faster pace than that of India, and more so after 1971 when there was large scale

35
migration from Bangladesh caused by the 1971 War (Bezboruah, 2005).

Most migrants are not in the practice of banking and thus, cannot be accessed for a sizeable
amount of their capital (FGD). The banking percentage ratio, which is the proportion of
households availing banking facilities is 20.5 for Assam as against National average of 35.8
(Economic survey, government of India, 2010-2011). The lesser the deposits, the lesser is the
revenue to banks and this makes banks less inclined to expand into migrant areas. Conversely,
the banks are under continuous

pressure, through various government schemes and directives, to give loans to population in
migrant areas (Sarma, 2011).

Because the migrants remain settled mostly in the char areas, they are not liable to pay taxes
since lands in char areas are categorized by the state government in its revenue records as no-
cadastral lands due to their migratory nature (Chatterjee, 2009). Furthermore, since the location
of chars generally changes often due to floods, the dwellers cannot be treated as permanent
residents of those regions either.

Most of the immigrants who inhabit char areas are engaged in agriculture and related work and,
thus, are not liable to pay tax as, under Indian tax rules, no tax applies to agricultural produce
except cash crops like tea, coffee, etc. Also, migrants running small businesses are not liable to
pay tax as their earning is below the threshold tax bracket. So, migrants easily obtain an untaxed
place, and the government is legally compelled to invest in basic infrastructure and development
programs in that area. Hence, char areas are revenue-negative zones (Nath, 2010). Apart from
these, the char areas suffer the worst due to natural calamities like floods, which strike every
year, prompting the government to spend a tremendous amount of money on emergency
evacuation, food, drinking

4.2.4 ENTERPRENUERSHIP

As discussed earlier, most of the migrants are illiterates; therefore, they often begin with small
businesses that are related either directly or indirectly to agricultural activities and production.
Some of the respondents to the field survey had started with some sort of petty business such as a
small grocery store, rice mills, fresh vegetable shops, cycle shops, hardware stores, small and
low-end eateries (restaurants), clothing stores, etc. (see Table 7.8). Such businesses were not well
structured; nor were they registered with the local administrative bodies; rather, they led to
growth in informal- sector enterprises. The entrepreneurial activities and contributions of migrant
respondents to the economy represent almost 45 percent of them owned small agriculture-
related businesses.

36
Most of these businesses are situated within their communities, and hence draw their customer-
base from within them. This presents both advantages and disadvantages. The advantage is that
most of their customers are known to them, and hence, they understand their needs and
purchasing power. However, the disadvantages are that they are in general "poor" customers with
very little discretionary spending power. They sell only basic requirements, and sometimes they
cannot pay for the purchases made at the very moment. Thus, most of these shopkeepers also
keep a credit ledger of those who cannot pay at the time of their purchase. Constantly dealing
with the tense and unpleasant work of chasing up the unpaid sum from customers is a stressful
task that business owners have to experience often. Fortunately, the number of defaulters for
payments is very few, and in some cases, customers cannot pay the cash and agree to pay in
some other form of kind mutually agreed, such as providing labor man power in the shop, paying
with some agricultural produce, etc. The businesspeople cannot mark up their prices because
their purchasing power is low. As a consequence the profit margin from their sales is not high.
Migrants, however want to increase the profit margin by involving more members of the family
who have free time during the day in the management of their enterprises. It is thus not
surprising that one often saw migrants' enterprise controlled by their children after school hours
or even by the wives after meals are prepared. Perhaps, besides this, the compulsion to survive
and thrive in business also makes one have a perspective on migrant regions as if they harbor
close-knit and well bonded families.

37
 5 Political impact of Migration from Bangladesh
5.1 Controversy over language
During the British rule, many Bengalis Hindus and Muslims migrated to Assam,
which naturally shifted the region's language toward the new-comers'
language. The process was made more deadly 3 when, in 1837, the British
declared Bengali as the official language of Assam. That decision sparked an
ancient anger between the Assamese and the Bengalis. The Assamese have
always been on the back foot due to the pressure for a single language
identity, and this has remained a big issue even today. Fear of loss of language
and culture and eventually identity among the Assamese has led to the
creation of resentment towards Bengalis and has thus led to riots between two
communities. In order to understand this complex question of the linguistic
divide, one has to go into the historical background on the evolution of the
current cultural situation in the province. Assam was ruled by the Ahom's for
nearly 700 years before the British. The Ahom territories then occupied the
whole of the Brahmaputra valley except erstwhile undivided Goalpara district
of Assam that comprises the present districts of Goalpara, Chirang, Kokrajhar,
Dhubri, and Bongaigaon.

2011 Political Map of Assam showing its Administrative

Districts

The annexation of Assam to India in 1826 by the British resulted in its first becoming a new
division of its Bengal Presidency. This status as an administrative unit remained until 1874

38
 when it became a province and the Bengali-speaking district of Sylhet was annexed to it. The
inclusion of the Sylhet district with Assam elevated the percentage of Bengali-speaking to
more than 40 percent while lowering the proportion of the Assamese-speaking population to
less than 25 percent of the total population in Assam (Guha, 1980). Assam remained a province
with one of its administrative districts as Sylhet until 1947, when the country India became
independent (Weiner, 1983). The whole demographic picture of the state changed drastically
after independence with the district of Sylhet ceding to Pakistan in 1947.
This led to a higher percentage of Assamese speaking population; which increased from 23
percent in 1931 to 55 percent in 1951 Another factor which contributed towards the increasing
percentage of Assamese speaking population was that many Muslim migrants, particularly
those settled in the Brahmaputra valley preferred to identify themselves as Assamese in the
post-1947 Censuses (Weiner, 1983, p.285). This brought them much higher political and social
acceptance, and soon they became famous as "NaAsomiya', a term that literally corresponds to
"New Assamese" (Misra, 1981).

5.2 Alternative method employed by political parties for the continuous assertion
of power
Migration population did not halt at the time of independence and it is mostly believed that
most of the political parties of India, as well as the states welcomed these migration
populations to gain more votes during elections and to have a stability in political scenario.
The political leaders representing their area of settlement and the government promise them
security and other facilities for votes. They follow the advice of their leaders and vote en
masse for the
candidate that the leader supports. Such a group of voters who cast its votes as a block is
referred to as the 'Vote Bank' in India (Jai Bihar, 2009). Most political parties try to capitalize
on such vote banks although the party in power seemingly reaps more benefits from the vote
bank.
The BJP government identifies the problem of migration from Bangladesh into north-eastern
India, which encompasses Assam, as a central national issue. They included it in the first-ever
government-policy speech read out on its behalf by the President of India, Pranab Mukherjee,
to the joint-parliamentary session comprising both upper and lower houses at Central Hall of
Parliament, New Delhi on June 9, 2014. According to paragraph 20 of the speech, President
Mukherjee stated: "The issue of infiltration and illegal immigrants in the Northeast region will
be tackled on priority and all pending fencing work along the Northeast border will be
completed."

5.3 Change in Administrative Units of Assam

Geographically, the state of Assam has three different regions: i) the Brahmaputra valley, (ii)
the Barak valley and (iii) sandwiched between the two valleys is the hilly regions comprising
of the Karbi Anglong and Dima Hasao districts. The brahmaputra valley hosts the majority of
the Assamese-speaking people, whereas in some pockets and tea-garden communities in tea
plantation areas, the plains tribes reside as well. Hill region: Major part of the districts of Karbi
Anglong and Dima Hasao (North Cachar Hills) comprises hill tribes with their very own
dialects and culture. The third area is the Barak valley, which is predominantly Bengali-
speaking and consists of three districts-Cachar, Hailakandi and Karimganj.
Assam's population post independence can broadly be categorized into the following groups

39
 (Baruah, 1980):
1. Assamese community consisting of Hindus as well as Muslims,
2. Bengali Hindus,
3. Bengali Muslims,
4. Hill tribes and
5. Tea-garden communities, who have adopted the Assamese language
It was only after the "Official Language Act" was passed in 1961 that Assamese was accorded
official status side by side with English by legislation of the Government of Assam.
However, due to protest by the Bengali speaking districts of Cachar, Hailakandi and Karimganj
in the Barak valley of Southern Assam, Bengali too was untouched by the Act (Bhattacharyya,
2008). In 1972 Assamese along with English became the medium of instruction at university.
Apart from Assamese and Bengali, present official languages of Assam also consist of the
tribal language 'Bodo'.

5.4 Migration and Insurgency

In the minds of people, it has been successful in stopping the inflow of migrants from
Bangladesh but simultaneously having affected the political environment of the state (Saikia,
2005). The Bodo student union participated in the Anti-Foreigners movement initially but
unfortunately due to differences in ideology between the All Assam Students Union and some
sections of the Bodo student leaders they parted away. The Bodo students preferred to build a
parallel student organization, named All Bodo Students Union (ABSU), which succeeded in
enrolling almost all the Bodo students of the state, and thus separated from the mainstream
Assamese student movement (Saxena, 2007). The relationship between
The Assamese and Bodos soured to an extent that they demanded a separate province that
would be carved out of Assam in the north bank of the Brahmaputra River. They also adopted
Devnagari script for their language in place of the existing Assamese script, (Kashyap, 2010).
The overall political plank of the ABSU at present is the attainment of their long cherished
goal of a separate state for them, termed as "Bodoland". They adopted the path of insurgency
and armed struggle for attainment of their purpose (Saxena, 2007).
Interestingly, two other organizations, the Plains Tribal Council (PTCA) and United Tribal
Liberation Front (UTNLA) have opposed ABSU and this has divided the Bodos and other non
Bodo tribal communities of Assam on political grounds. The struggle for supremacy among
these groups has resulted in another extremist organization, Bodo Security Force (BSF). These
groups later collaborated with other militant groups from the Bodo community to form the
militant group in March 1993 known as Bodo Liberation Tiger (BLT). Formation of BLT in
Assam triggered wide-range violence in the state where several civilians, security force, and
terrorists lost their lives.
On 20th February, 1993, the Bodo Accord was signed among representatives from Central and
State government and the ABSU. This Accord formed a Bodoland Autonomous Council as a
term to assuage certain demands of Bodos for autonomy in the management of their affairs
where they inhabit (Saxena, 2007). Thus, the flare of anti-foreigners' movement with the
Bodoland movement saw various instances of violent outbursts in the state; the same attributed
to the birth of terrorist groups and outfits from Assam. Some of them are ULFA (United
Liberation Front of Assam), NDFB (National Democratic Front of Bodoland), ULFBA
(United Liberation Front of Barak Valley), MULTA (Muslim United Liberation Tigers of
Assam), DHD (Dima Halim

40
 Daogah) to name a few.
As a whole, 7,557 persons, including civilians, security forces personnel as well as terrorists
were killed in violent incidents between 1992 and up to May 2011 (South Asian terrorist
Profile, 2011).

Insurgency related deaths in Assam

41
Doubtful voters (D Voters)
There are other ongoing problems relating to migration from Bangladesh; among them is the
unsolved problem of the 'D' voters or 'Doubtful Voters'. This is the category of voters who are
disenfranchised by the government on account of their lack of citizenship credentials (The
Hindu, 2012, April 10). Persons who could not provide evidence of citizenship were marked as
'D' voters in the electoral roll to indicate their disputed status of citizenship by the Election
Commission. This category of voters were banned from the electoral process, in that they can
neither vote nor contest elections. Their cases are referred to the Foreign Tribunals set up under
the 9 Foreigner Tribunal order of 1964 to determine their citizenship status (The Hindu, 2012,
April 10). At present there are about 147,000 'D' voters in Assam and another 12,480 were added
before the election of 2011 (The Assam Tribune, 2011, June 14). The fate of these voters is
pending before the Tribunals and it is quite possible that their names could be struck off the
electoral roll, unless they are cleared by the Tribunal (Datta-Choudhury, 2011). The 'D' voters
issue has now become a major political issue as it is alleged that some Indian citizens are being
deprived of their voting rights.

6 Policy Framework
6.1 The existing Legal and Political Framework Regulating the Issue of Citizenship in Assam

The topic of citizenship has stirred controversy because of the large number of undocumented
immigrants entering the state. Furthermore, it appears that the political structure of the State is
highly impacted by this issue. In order to understand how this problem affects Assam and India,
we need to examine key legal and political factors. This part will examine the political
environment that shaped the laws on citizenship rights in Assam, their constitutional validity,
limitations, and potential insights.

Indian Citizenship Act 1955

What defines an undocumented immigrant?

According to the Citizenship Act of India, an Illegal Migrant is defined as someone who is not an
Indian citizen and is residing in India without a valid passport or any other necessary documents,
or someone with a passport who has exceeded the allowed time limit of stay. An undocumented
immigrant will lose their Indian citizenship if born on or after December 3, 2004 according to the
mentioned regulations. Nevertheless, the Act granted Indian Citizenship to individuals regardless
of their parents' nationality, if they were born between January 26, 1950, and July 1, 1987. If
someone is born between July 1, 1987 and December 3, 2004, they will only receive citizenship

42
by birth if at least one parent was an Indian citizen. However, if born post December 3, 2004,
Citizenship will only be given if both parents are Indian citizens, or if one is and the other is not
an illegal migrant. Moreover, Naturalized citizenship will only be awarded to a non-citizen who
has lived in India for eleven years and is not an illegal migrant. In addition, a foreigner who is
not an illegal migrant can be granted Citizenship by registration by applying to the Central
Government of India, which will make the decision on such applications. Furthermore, a person
born outside of India on or after December 3, 2004, to an Indian citizen can obtain Citizenship
by descent if they do not hold a valid passport from another country or are registered at an Indian
Consulate within a year of their birth, or with permission from the Central government after said
time.

Illegal Migrants (Determination by Tribunal) Act (IMDT) Act 1983

This law was introduced by the Indian Government specifically for Assam following the
mistreatment experienced by Bengali-speaking Muslim minority groups during Assam Agitation.
This legislation enabled the identification and expulsion of unlawful Bangladeshi immigrants in
Assam, and the same process would be carried out for the rest of India in accordance with the
Foreigners Act 1946. This Act protected Bangladeshi immigrants by shifting the responsibility of
proving their legality onto the State via a Tribunal, instead of the burden falling on the alleged
illegal immigrants to prove they are Indian citizens. The Act was contested in the case of
Sarbananda Sanowal v Union of India in the Supreme Court, which ruled it as unconstitutional
and invalidated it in 2005.

Assam Accord

After enduring a lengthy and destructive conflict for nearly six years, the Assam Agitation
Movement came to an end by signing the Assam Accord on August 15, 1985. The All Assam
Students Union established the terms and conditions of the treaty through numerous discussions
with the Central Government led by Rajiv Gandhi, the former Prime Minister of India.
Afterwards, the local residents established a regional political party, which eventually came to
govern Assam under the name Axom Gana Parishad. This agreement allowed all foreigners who
came to Assam between 1951-61 to be considered Indian citizens with voting rights, while those
who arrived after 1951 but before 1971 would be given citizenship without voting rights for 10
years, and after March 24, 1971 would be considered illegal migrants and removed from the
state.

Section 6A of Citizenship Act 1955

The Citizenship Act of 1955 was modified to reflect the provisions of the Assam Accord after it
was signed. According to the new Section, individuals of Indian origin who arrived in Assam
before January 1, 1986, and were listed on the Electoral Rolls for the 1967 election to the House
of the People, will be considered Indian citizens from January 1, 1966 if they have been living in
Assam since their arrival. Furthermore, individuals who arrived in Assam between January 1,
1966 and March 25, 1971, and were listed on Electoral Rolls for Assembly/Parliamentary
elections, must also register with the Registering Authority. All individuals coming into Assam

43
later will be identified and sent back as per regulations.

National Register of Citizens, NRC

The NRC, initially created in 1951, was updated in Assam under the supervision of the Supreme
Court to determine genuine Indian citizens. The first draft of the updated NRC was released on
December 31, 2017, and the final draft was published on July 30, 2018. The NRC is a crucial
tool for identifying illegal migrants in Assam.

Eligibility for inclusion in the NRC was based on several criteria, including:

a)Having one’s name listed in the 1951 NRC.

b)Being listed in any electoral roll prior to March 24, 1971.

c)Being a descendant of individuals meeting the above criteria.

d)Registering with the relevant authority after entering Assam between January 1, 1966, and
March 25, 1971, and not being declared an illegal migrant.

e)Being the child of a citizen of Assam, provided citizenship is beyond reasonable doubt.

The process involved multiple steps, including the publication of legacy data, application
submissions, verifications, hearings for claims and objections, and the release of part and final
drafts. The final draft of the NRC declared 2.89 crore people as valid citizens, while over 40 lakh
were excluded. The government clarified that excluded individuals could file claims and
objections, and the final list would be published after the resolution of these issues.

Citizenship (Amendment) Bill, 2016

The Citizenship (Amendment) Bill, 2016, proposed by the BJP government, sought to grant
Indian citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian minorities from
Bangladesh, Pakistan, and Afghanistan, on humanitarian grounds. The Bill reduced the required
residency period for naturalization from 11 to 6 years. However, citizenship could be revoked if
the individual violated any laws of the land.

This Bill sparked significant controversy, particularly in Assam, as it was seen as undermining
the Assam Accord by potentially allowing a large number of illegal migrants to gain Indian
citizenship based on religious criteria, thus complicating the state’s already delicate demographic
and political balance.

In conclusion, the legal framework governing citizenship in Assam has evolved through several
laws, accords, and judicial interventions, deeply influenced by the state's history of migration and
political movements. However, the ongoing debate around citizenship continues to affect
Assam’s social, political, and economic landscape.

6.2 Suggestions

44
The issue of illegal immigration from Bangladesh into Assam and other parts of India remains
one of the state's most pressing challenges. Addressing this problem requires a multi-dimensional
approach that takes into account constitutional obligations, established laws, social and religious
factors, political ambitions, and human rights. The Bangladeshi government's claim that no
citizens have illegally entered India contradicts reports from India's Ministry of Home Affairs,
the Supreme Court, the Government of Assam, and census data, all of which reveal the presence
of millions of illegal immigrants in the country. This influx exacerbates human trafficking, cattle
smuggling, and illegal arms trading, all of which undermine India’s security. To effectively
address this, a comprehensive strategy involving the "3D Strategy" and "3C Approach" has been
proposed.

3D Strategy: Detection, Deletion, and Deportation

Detection: Identify illegal immigrants and their activities.

Deletion: Dismantle illegal networks and activities.

Deportation: Return unauthorized foreigners to their home countries.

3C Approach: Care, Caution, and Commitment

Care: Provide necessary support to impacted populations.

Caution: Implement preventive measures to stop illegal activities.

Commitment: Ensure the Indian government is dedicated to protecting its citizens and
maintaining law and order.

Key Recommendations for Addressing Illegal Immigration

Strengthen Border Protection:

Greater vigilance is required along the India-Bangladesh border, particularly in riverine areas,
where migrants frequently enter. The 40 km stretch of riverine border in Assam must be closely
monitored with modern technology, and authorities, along with volunteers from political and
social organizations, should conduct regular checks.

Negotiate a Repatriation Accord with Bangladesh:

Currently, there is no formal agreement between India and Bangladesh for repatriating illegal
migrants, and the Bangladeshi government's denial exacerbates the issue. Both governments
must acknowledge the problem and reach an agreement on repatriating illegal immigrants,
criminals, and anti-social elements through a legal framework. Official recognition of the issue is
essential for resolution.

Promote Free Trade Between India and Bangladesh:

Establishing free trade between the two countries could provide mutual economic benefits.

45
Developing inland water trade routes, particularly with Assam, and giving India access to
Bangladesh’s Chittagong Port could promote legal trade, reduce illegal cross-border activities,
and increase revenue. Free trade could also stimulate economic growth in border regions.

Introduce Biometric Tamper-Proof Voter ID Cards:

A tamper-proof biometric voter ID system should be introduced to ensure that only citizens with
proper documentation are allowed to vote. The electoral roll should be digitized and include
photographs and detailed information for each voter. This will help prevent illegal immigrants
from participating in elections.

Create a Grassroots-Level Data Bank:

A lack of reliable data hampers the effective study and management of migration. Collecting
authentic data on the number, duration of stay, and socio-economic conditions of migrants is
crucial for policy implementation. Such data will also allow for better budgetary allocations and
improved infrastructure development. Volunteers from student organizations, political parties,
NGOs, and other social groups should be mobilized to collect this data, which can be stored in a
shared database for transparency and accuracy. Access to quality data will aid researchers and
policymakers at both national and international levels.

Develop Migrant Areas and Promote Women’s Education:

Developing areas with high migrant populations is essential for the state's overall development
and societal well-being. Investments in education, healthcare, transport, job creation, and
vocational training can improve economic conditions. Women’s education, in particular, is vital
for controlling population growth and improving healthcare for women and children. Educated
women are more likely to make informed decisions and play active roles in politics, economics,
and cultural development. Additionally, this can help reduce early marriages among migrant
communities. Over time, the development of these areas may lead to better assimilation of
migrants into the local population.

Bringing Migration into the National Political Agenda

As Hazarika (2002) suggested, migration must be recognized as a national security issue and
included in the political agenda of all parties. Currently, the Bharatiya Janata Party and Asom
Gana Parishad have highlighted it in Assam. However, other political parties such as the
Congress, the Communist Parties, and the Samajwadi Party should also address the issue of
unchecked illegal migration, which poses a serious threat to national security. Drawing from
international examples like Denmark, where migration was a key election issue, Indian political
parties must realize that this is no longer a regional issue but a national concern that needs
immediate and sustained attention.

7 CONCLUSION

46
This paper attempts to focus on several aspects of illegal migration into Assam from Bangladesh.
The paper first tries to define an illegal immigrant in Assam by discussing the parameters set by
history and polity of the state over a long period of time. Owing to the vagueness of the term and
the 'illegal' character of the cross-border population movement, it is not really tough to
understand that gauging the magnitude of illegal migration into Assam would be rather difficult.
Several estimates put the number of illegal immigrants anywhere between a few hundred
thousands to 4 million. We also discuss some of the reasons for cross-border migration from
Bangladesh to Assam. Although a wide range of factors is mentioned here, the focus of the
majority rests on economic factors which seem to have weighed more than others in recent times.

We then discuss the impacts of illegal immigration on the Assam economy. The impacts are both
positive and negative on the economy. Immigrants increased agricultural productivity and
through their supply of cheap labor in the informal labor market, they also benefited consumers
as well as producers. The immigrants do not appear to compete with the indigenous workers,
who are generally educated and seek employment in the formal labor market. The immigrants
have put tremendous pressure on land, creating socio-political and environmental problems
which have indirect adverse effects on the economy. Finally, the immigrants hardly contribute to
the government revenue while the government spends a considerable amount to maintain this
significantly large fraction of the population. Available online at: For decades, it has been
recognized that immediate measures have to be taken to either stop or at least to slow this flood
of illegal immigrants and many options for policies have been debated.

Since people cross over the border from Bangladesh primarily for economic reasons, their
solution to this problem must address these economic problems. With India's economy growing
so fast, the panning pace will most likely continue to gain speed too. It is highly important to
acknowledge that one-fourth of India's population still lives below the poverty line in spite of
India's unprecedented growth experienced in the last years of its history. Accelerated
immigration from across the border would not be easy for India to implement its new strategy to
reduce poverty. It also suits India's interest that Bangladesh does not lag too far behind in the
process of economic growth. Greater economic cooperation between two countries is of strategic
interest. The border areas India, working with Bangladesh, should establish economic
development programs that foster improvement in well-being on both sides of the borderline.

47
REFERENCES
-Dealing with illegal immigrants in Assam: Understanding the Jurisprudence in past, present and
future. Unknown. [Link]
Abstract_Anjuman_Ara_Begum.pdf
-ForumIAS. (2020, May 11). [Answered]Discuss various consequences of Illegal immigration in
India. What are various laws in place to tackle illegal non-citizens? |ForumIAS. Free UPSC IAS
Preparation for Aspirants. [Link]
illegal-immigration-in-india-what-are-various-laws-in-place-to-tackle-illegal-non-citizens/
-Sharma, V., & Hugo, G. (2009). Exploring the population-environment nexus: Understanding
climate change, environmental degradation and migration in Bangladesh.
[Link]
climate-Sharma-Hugo/c48859891804ad5c707e90d5a0e8521b18c86f1e
-Rediff On The NeT: Kuldip Nayar on Assam’s perennial problem -- foreigners. (n.d.).
[Link]
-Bhaumik, S. (2012, July 26). What lies behind Assam violence? BBC News.
[Link]
-Talukdar, S. S. (2014). ILLEGAL MIGRANTS INTO ASSAM: CAUSES AND ITS IMPACT
ON THE ECONOMY. Social Science Researcher, 2–3, 22–33.
[Link]
-Saikia, B. (2015). INFLUX OF ILLEGAL MIGRANTS AND ITS SOCIO-ECONOMIC AND
POLITICAL CONSEQUENCES OF BANGLADESHI IMMIGRATION IN ASSAM. In G JR
IM: Vol. Vol. 5 (Issue No. 2, pp. 58–60). S R IM C A.
-Mayilvaganan, M. (2019). Illegal Migration and Strategic Challenges: A Case Study of
Undocumented Migration from Bangladesh to India. Artha - Journal of Social Sciences, 18(4),
25–42. [Link]
-Singh, M. A. & Institute for Defence Studies and Analyses. (2009). A Study on Illegal
Immigration into North-East India: The Case of Nagaland. In IDSA Occasional Paper. Institute
for Defence Studies and Analyses.
[Link]
East_India_The_Case_of_Nagaland.pdf
-ILLEGAL IMMIGRATION FROM BANGLADESH TO INDIA: THE EMERGING CONFLICTS.
(2005).
[Link]
sequence=1&isAllowed=y
-HeinOnline. (2024, September 13). About - HeinOnline.
[Link]

48
-HeinOnline. (2024c, September 13). About - HeinOnline.
[Link]
-Moirangthem, T., Jha, D., Amity University, Noida, & Amity Institute of Social Science. (2023).
ILLEGAL IMMIGRANT IN NORTH EASTERN REGION OF INDIA. In International Journal
of Novel Research and Development (Vol. 8, Issue 5, pp. b732–b734) [Journal-article].
[Link]
-IAEME Publication. (2021). MIGRANT WORKERS IN THE INFORMAL SECTOR IN
GUWAHATI.
[Link]://[Link]/50380961/MIGRANT_WORKERS_IN_THE_INFORMAL_S
ECTOR_IN_GUWAHATI
-Moirangthem, T., Jha, D., Amity University, Noida, & Amity Institute of Social Science.
(2023b). ILLEGAL IMMIGRANT IN NORTH EASTERN REGION OF INDIA. In
International Journal of Novel Research and Development (Vol. 8, Issue 5, pp. b732–b734)
[Journal-article]. [Link]
- HeinOnline. (2024d, September 13). About - HeinOnline.
[Link]

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