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Supreme Court Seeks Centre’s View on Assam Accord Deadline Amid New Entry Rules

Prelims: (Polity + CA)
Mains: (GS 2 – Governance, Constitution; GS 3 – Security)

Why in News ?

The Supreme Court has asked the Union Government whether its recent order allowing persecuted minorities from neighbouring countries to enter India is in conflict with the Assam Accord, particularly its fixed migration cut-off date of 24 March 1971.

What’s in Today’s Article ?

  • Background of the Assam Accord
  • Key Provisions
    • Citizenship Cut-off Dates
    • Obligations for Detected Foreigners
    • Clause 6 Safeguards
    • Significance of the Accord

What is the Assam Accord ?

The Assam Accord, signed on 15 August 1985, was an agreement between:

  • The Union Government
  • Government of Assam
  • All Assam Students’ Union (AASU)
  • All Assam Gana Sangram Parishad

It formally ended the 6-year-long Assam Movement (1979–1985), which demanded the identification and removal of foreigners who had migrated to Assam illegally. The primary objective of the Accord was to detect and deport all migrants who entered the state after 24 March 1971, the eve of the Bangladesh Liberation War.

Main Provisions of the Assam Accord

1. Cut-off Dates for Detection of Foreigners

  • 1 January 1966 was set as the base date for identifying foreigners.
  • Anyone who arrived in Assam from the specified territory (then East Pakistan) before 1 January 1966 would be granted citizenship.

2. Migrants Between 1 January 1966 and 24 March 1971

  • Those who entered between 1 Jan 1966 – 24 Mar 1971 were to be:
    • Detected under the Foreigners Act, 1946
    • Declared foreigners by tribunals
    • Their names removed from electoral rolls
    • Required to register under the Registration of Foreigners Act, 1939
  • They would not be deported, but would regain voting rights only after 10 years from being identified as foreigners.

3. Migrants After 25 March 1971

  • All persons entering Assam on or after 25 March 1971 must be:
    • Detected
    • Deleted from electoral rolls
    • Expelled as per law

This cut-off date is central to the Supreme Court’s current query regarding the new entry order.

Clause 6 of the Assam Accord

Clause 6 commits the Government to provide:

  • Constitutional safeguards
  • Legislative protections
  • Administrative measures

These provisions aim to protect and preserve the cultural, linguistic, and social identity of Assamese people, addressing concerns over demographic change caused by migration.

Significance of the Assam Accord

  • Restores demographic balance in Assam
  • Protects indigenous cultural identity
  • Provides a legal mechanism for detection of illegal migrants
  • Serves as a cornerstone of citizenship and immigration policy in the state

FAQs

1. Why is the Supreme Court examining the Assam Accord now ?

Because the Court wants clarity on whether a new government order allowing persecuted minorities entry into India violates the Accord’s fixed deadline of 24 March 1971.

2. What is the central cut-off date under the Assam Accord ?

24 March 1971, the eve of the Bangladesh Liberation War.

3. Are migrants arriving before 1966 treated differently ?

Yes. Those arriving before 1 January 1966 are eligible for citizenship without restrictions.

4. What happens to migrants who entered between 1966 and 1971 ?

They are identified as foreigners, removed from electoral rolls, must register, and regain voting rights only after 10 years.

5. What does Clause 6 guarantee ?

Safeguards to protect the cultural, social, and linguistic identity of the Assamese people.

6. Does the Assam Accord require deportation of all detected foreigners ?

Only those arriving after 25 March 1971 are to be expelled. Earlier migrants face legal restrictions but are not deported.

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