Immigrants in Bombay : A Fact Finding Report.
-by Shama Dalwai and Irfan Engineer[ Conclusions]
We can safely conclude from the above that there is hardly any
serious danger to our security from the so called Bangladeshi
infiltrators. They do not cause any serious problem for our nation as
is sought to be madeout. The threat and danger is more a product
of imagination of the protagonists of Hindutva than real. One field
visit clears any such doubts. The filth and squalor in which they
exists with their children amply demonstrates that they have come here only
for survival. They are more concerned about how to feed their children
and hardly have time to think about other issues.
The estimates about infiltrators is not only exaggeration but
heightof imagination. The falsity of such imagination is evident from
the factthat there have been different estimates given at
different times.Moreover there has been not much of a difference in
the growth rate of population of districts adjoining Bangladesh and the
rest of the country. Even if there are Bangladeshi immigrants, their
number is not so much that it can affect our food grain stock or compete
with our countrymen for jobs and other scarce resources.
We also found the allegations that Bangladeshi
immigrants participated in the communal riots as totally baseless. The
neighbouring Hindus were speaking quite sympathetically about them.
During the riots,the neighbouring Hindus had not felt any threat from
them and were living peacefully in their neighbourhood. Would there be
such sympathy for them amongst the Hindus staying in the neighbourhood
if they had participated in the riots?
Then why is the SS-BJP government trying to create
illusionary danger from them. The issue of Bangladeshi infiltrators was
raised by the BJP after demolition of Babri Mosque on December 6,
1992. When it was left without any issue to capture peoples
attention. The issue was exploited even for the assembly
elections in Delhi. The issue of`infiltrators' could also pay rich
dividends to enter North-East Region where the BJP has no significant
existence so far.
In Maharashtra, since the SS-BJP have come to power, they are
promising various things like Zunka Bhakar for Rs 1/-, solving
drinking water problem, bringing Dawood Ibrahim to the country for
trial, etc. The SS-BJP Government may not be able to fulfill the
promises given by them. How then could they continue to remain popular
and retain their mass base may be a serious problem they may be
facing. The duo will soon have to face Lok Sabha elections also in
1996. Shiv Sena is known to arouse passions against one section of
the population or the other. In the past, Dalits and South Indians
also have been made targets for Shiv Sena'selectoral and political
gains. Maharashtra youths were used for such attacks and one solid
vote-Bank was created. However, after its aspirations to have
political control grew beyond Bombay, and wanted to spread to all
over Maharashtra, Shiv-Sena has joined hands with BJP and has been
making the minority as its target and spreading all kinds of myths
about them. It then leads the unsuspecting mob of majority to attack the
minority and pose themselves as protectors of the interests of the
majority. Thus its hold over the majority is consolidated.
1992-93 communal riots was culmination of such politics. After the
demolition of Babri Mosque, the issue of Bangladeshi `infiltrators'
seems to be handy and an ideal anti-Muslim issue to arouse passions
of chauvinistic and false nationalism and capture power at the
Centre. In the name of infiltrators, the India Bengali Muslims and
their relatives from other states have to face tremendous harassment.
Just as there are immigrants in other countries, India also has
its share of immigrants. Due to various reasons, it is easier to cross
theborders for Bangladeshi immigrants and come to India - viz.
continuation of social and cultural ties between the people of both
the countries, porous borders, etc. Since the Bangladeshi immigrants
have been coming here unobstructed since early times and have integrated
themselves well and become as good as local, it is extremely difficult
to identify them and throw them out. A large number of Indian
citizens have to face harassment because of this and they have even
been taken right upto the border to be pushed into Bangladesh. Police
also have come to understand that in the `national interest' some
Indian Muslims may have to face harassment and even be taken to
borders for deportation. Jt. Police Commissioner of Bombay betrayed
this attitude in an interview with us. Police harass Indian Muslims
also to make them cough up some money. However, police alone cannot
be held responsible for such a careless and unrestrained behaviour.
Central Government also has to be held responsible for the way it
has been running `Operation Push-Back'. Central Government has
delegated its authority to State Government and State Government has
in turn delegated it to the police. Such action is taken under
Foreigners Act according to which, action can be taken on anybody's
complaint without any adequate primary evidence. The onus is on the
accused to prove that he is an Indian Citizen. It is necessary
to suitably amend this Act as it does not confirm to our
Constitutional norms. If the Act itself is unjust, than how can one
expect justice.
`Operation Push-Back' is being implemented in a highly
improper manner. Within 10 days, the accused is judged as foreign
national and taken to the border to be deported. As the Bangladesh
Government is not even informed about deportation, their border
security force BDR refuses to take them and therefore the people
sought to be deported are severely beaten and then left in the forest.
The fault lies with the unilateral action of the Indian Government.
Bangladeshi Government calls the entire operation as `Operation
Push-In' as according to it the Indian Government seeks to push its
citizens inside their borders. The BDR therefore threatens that it
would not hesitate even to shoot the people pushed into its territory.
And so the people, Indian Government tries to deport into Bangladesh
will therefore forced to return. In this manner, not only the problem
of Bangladeshi immigrants will not be solved but it may worsen our
relations with Bangladesh. The police are unable to fulfill its
responsibility to deport those identified by it as illegal immigrants.
Thus police atrocities become inevitable part of the whole operation
as they feel that unless they are terrorised by atrocities, they will
return. Therefore they beat men and rape women. However, inspite
of theseatrocities, they return. This is highly condemnable and
indicates that humanity is missing in the police force. This is mainly
a result of undue responsibilities thrust on the police by the
Government. As the end of20th century is coming close, such inhuman
treatment is unthinkable merely on the ground that the person concerned
is not a citizen of our country.
We therefore feel that a proper procedure should be laid down
undera suitable legislation where if anybody is accused to be a
foreignnational illegally staying in the country, then the
responsibility ofproving that the accused is not an Indian should be
on the Government asis laid down in the Indian Citizenship Act. If it
is proved (after giving reasonable opportunity to the accused to rebut
the charges on him) that the accused is not an Indian national, then
the Government of the country of his origin should be informed and
handed over. The Bangladesh Government should be persuaded to
accept the Bangladeshi immigrants. India can put adequate political
pressure if persuasion fails. It is likely that the problem will get
solved if we follow proper procedure as per international laws and
norms. If a Tribunal is appointed to identify the Bangladeshi
immigrants in Assam, why should not the same procedure beadopted for
the Bangladesh immigrants in the rest of the country. This will
ensure that bonafide citizens do not get harassed and deported and that
even those who have to be deported receive human treatment?
Assuming a situation where inspite of all this the immigrants
are not accepted by the Bangladesh Government then we can accommodate
them aswe have Nepalis and Srilankan Tamils. India has adopted a
liberalattitude towards the Nepali and Tamil immigrants from Srilanka.
Why do wenot adopt the same liberal attitude towards Bangladeshi
immigrants whohave settled here since over two decades and have been
integrated into ournation ? Ofcourse we must take precaution to prevent
further immigrationfrom our borders by fencing the borders or any other
appropriate means.
We may mention here that under the provisions of Indian
Citizenship Act, 1955, these immigrants who have been staying here
since over twodeades can be given citizenship under two provisions.
They are entitledto citizenship of the country under the provision
of naturalization.Ofcourse the state may argue that since they
immigrated illegaly in thefirst instance, this provision cannot be
applicable to them. De factonaturalization has taken place
nevertheless law and human considerationrequires de jure recognition
of the fact. However, they are also entitledto citizenship under
another provision - those who were or whose either orboth parents were
inhabitants of undivided India, can be givencitizenship.
Undoubtedly either the immigrants themselves or their parents were
citizens of undivided India and therefore they can be given
citizenship.
In the South Asia region, we already have one inimical state on
ourborder. Vested interests of the mainstream parliamentary parties have
keptthe animosity alive on both the side of the border. This
bellicosity hasalready been cause of tremendous worries to us,
including in Kashmir.With Bangladesh, we did not nurture the same
animosity, atleast since itscreation. However, any sovereign nation
will find it offensive andviolation of thekr sovereignty the manner
in which `Operation Push-Back'is being conducted unilaterally by
India. If we do not want anotherunfriendly nation on our border,
then the problem of Bangladeshiimmigrants should be solved through
bilateral negotiations and as per wellaccepted international laws and
regulations.
Trying to infuse false religious chauvinism and giving it
nationalistic overtones, cannot but lead to arms race in South
Asia.Imperialist countries like America and arms industry of other
powerful countries of North have always benefited from such arms race.
Infact they are always eager to promote such belligerence and arms race.
All over the globe various trade blocks are being formed
forregional economic co-operation. South Asia also needs to form one
forboosting and promoting economic co-operation. Such a regional
co-operation should be formed with a view to reduce dependence of the
SouthAsian countries on the developed nations which exploit the needs
of theThird World countries. There is also a need to pool
resources andexpertise to solve the problems facing the peoples of the
region. If theSouth Asian countries display belligerence over such
non-issues as a fewthousand illegal immigrants from neighbouring
countries, we will miss thefruits of economic development and trade.
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