Sunset at Noon

Parliament will miss Pramodji
His last speech in Rajya Sabha

Shri Pramod Mahajan was one of the leading parliamentarians of his times. He was an avid speaker and indomitable debater in the house. He was not used to speaking in the house every day on every issue. He always preferred to speak on special occasions with full preparation with hard hitting arguments and incontrovertible facts and figures. That made him a distinguished speaker who was heard with rapt attention by even his opponents. The last time he spoke in Rajya Sabha was on August 22, 2005 on “Situation arising out of striking down of the IMDT Act by the Supreme Court”. Being incharge of BJP affairs in Assam, he was more well-informed on the issue. Unfortunately, it also turned out to be his last address in Rajya Sabha. BJP TODAY reproduces for its readers his last speech in Rajya Sabha.

Initiating the discussion he said: On 12th July 2005, the Supreme Court had given a historical judgment by striking down the IMDT Act, for which there was a lot of resentment all over Assam earlier. This judgment was given on the petition filed by a Lok Sabha Member, Shri Sarvanan Sonwal (Assam Gana Parishad).

After this judgment, all the people of Assam had expressed their happiness but the leaders who were supporters of illegal migrants and the political parties which wanted to take benefits by implementing this Act, were not happy. As the same political leadership is in power now I am afraid that this black Act may be brought back again. Therefore, there is a need of having a thorough debate on this matter again.

This Illegal Migrants Determination by Tribunals Act is different from its name. It works in another way. In fact, it does not determine illegal migrants but legalizes them. Now, the Supreme Court has repealed the Act by accepting the same plea. At one stage, the Supreme Court said. ‘This IMDT Act, 1983 has created the biggest hurdle and is the main obstruction in identification and deportation of illegal migrants.’ At another stage, the Supreme Court said, ‘A deep analysis of the IMDT Act and the rules made thereunder, would reveal that they have been purposefully so enacted and made as to give shelter or protection to illegal migrants who came to Assam from Bangladesh on or after 25th of March, 1971, rather than to identify and deport them.’ At another stage, the Supreme Court said, ‘The IMDT Act is not only ineffective in dealing with illegal migrants, it actually gives them protection as the proceedings initiated against them almost entirely end in their favour.

The manner in which the Supreme Court has criticized this Act at the time of repealing it, puts a question mark on the objectives of the Act itself. A number of shortcomings were found in the Act. Only 1300 illegal migrants were deported back to Bangladesh during the period from 1983 to 2005 after implementing this Act. In my view, it was very much necessary to repeal this Act.

The IMDT act was enacted because, there were many shortcomings in the Foreigners Act. The IMDT Act was enacted for the whole country, but it was enforced in Assam only. The law making agencies put forth the logic that the IMDT Act is necessary to safeguard the original national of India, specially the minority peoples there. But, if this act is a law to safeguard the minorities than it should be enforced in all the country. But this logic is meaningless. After 1971, infiltration in Assam took place at large scale. A historic and unique movement took place in 1979 against the illegal infiltration in Assam. Supreme Court has now repealed the IMDT Act. I warn this Government to forget the IMDT Act. Government should not make it a prestige issue, an issue involved in Assam election.

Illegal immigration is not a political issue, it is a national problem. It is a danger to our national security. The infiltrators consist of 2% of country’s population.

When Bengal was divided, this problem was started at that very time. If we want to solve this problem we shall have to have distinction between the illegal immigrant and the refugees. At the time of division of our country in 1947 an agreement was signed with Pakistan that it will be the duty of each of the country to safeguard the minorities in the respective countries. It is said that the majority of people from Bangladesh are coming into India due to their poor economic condition. But, this logic is baseless in respect of the infiltrators. Bangladesh will have to be concerned herself for its own citizens. They can not throw their burden on India. Speed boats are necessary to check the infiltration on the eastern coastal border.

We should leave playing politics in the name of infiltrators and should identify the infiltrators with proof. Their name should be removed from the voters list. Their political effect should be curtailed and then after negotiating with Bangladesh, efforts should be made to send them back. A National Register of Citizens should be prepared and a multipurpose identity card be provided to all the citizens. Illegal immigration is dangerous for the national security also. I, therefore, request the Government that no efforts should be made to re-enact IMDT Act in new way.