There was a large scale influx of persons from the then East Pakistan, now Bangladesh into India before the commencement of December 1971 Indo-Pak war. Unabated influx of illegal migrants of Bangladesh into north-east India led to a perceptible change in the demographic pattern in all the north –eastern states and there is a genuine fear that the indigenous people shall be reduced to a minority in their homeland. The state of Tripura is a clear example where the indigenous people are minorities in their own state. In Nagaland, the plain areas, especially the Dimapur district, the indigenous inhabitants of Nagaland had been reduced to a minority. The willingness of the Bangladesh illegal migrants to work at low wages had deprived the Indian citizens of employment opportunities. It has been shown over the years that unabated influx of illegal migrants had caused much social tensions, internal disturbances which causes grave threat to the life of the people, creates panic situation and also hampers the growth and economic prosperity of Nagaland. In view of inter-marriage with the illegal migrants, giving shelter and protection by the local people for narrow economic reasons had added a new dimension to the problem. In view of the on-going verification of National Register of Citizens in the state of Assam, Nagaland had become the soft target for many of the illegal migrants. It, therefore, becomes the duty of the Central Government as well as the State Government to take all measures for protection of the State of Nagaland from such external aggression and internal disturbance.
Article 355 of the Constitution of India provides, it is the duty of the Union to protect the State against external aggression and internal disturbance. The Hon’ble Supreme Court in Sarbananda Sonowal Vs UOI (2005)5SCC 665, while defining the words “aggression” and “internal disturbance”, held that “aggression” is not confined only to war but that comprises many other acts which cannot be termed war. It being an all comprehensive word cannot be explained by a straitjacket formula but will depend on the fact situation of every case and its impact. Hence, there could be a unique type of bloodless aggression from a vast and incessant flow of millions of human beings illegally migrating from one country to another, as happening in State of Assam (all the north eastern states) from Bangladesh. Presence of such a large number of illegal migrants also contribute significantly in causing serious internal disturbance, making the life of the citizens wholly insecure and creating a fear psychosis. The foremost duty of the State is to defend the borders, prevent any trespass and make the life of the citizens safe and secure. The Government also has a duty to prevent any internal disturbance and maintain law and order.
The BEFR 1873, commonly referred to as Inner Line Regulation, one of the reasons for its enforcement is the protection of the interests of the Nagas from socio – political and economic exploitation of other. Regulation 2 provides the power to the State Government to prescribe and from time to time to alter by notification in the official Gazette, a line to be called, “ The Inner Line”. It shows that the State Government have the power to alter the inner line.
In the State of Nagaland, presently the inner line had excluded the plain areas. In view of the large scale influx of illegal migrants without any check, the State of Nagaland, the areas outside the purview of the inner line, it has become a safe heaven for Bangladesh illegal migrants. The civil societies, student bodies and the general public at large are asking for extension of inner line to the plain areas, with special reference to Dimapur district.
(To be concluded)
Taka Masa Ao,
Senior Advocate & Ex. MLA