Geopolitics

Crossing the Prohibited Line
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Issue Courtesy: Uday India | Date : 22 Jul , 2015

The Bangladesh population in census 2001 and a contemporary Indian population survey showed during 1951 to 2001 the growth of Muslim population in Bangladesh was 244.68 per cent vis-à-vis 23.16 per cent growth of Hindu population. Opposed to this, in West Bengal during the same period growth of Muslim population was 310.93 per cent, i.e. much higher than the Muslim population growth rate even in Bangladesh. This clearly indicates massive Muslim infiltration from Bangladesh to West Bengal. Now ethnically, culturally, linguistically and religiously identical population inhabits almost both sides of the Indo-Bangladesh border region.

In Meghalaya, according to official statistics, in the five years (from 2008 to September 2013), 18,951 Bangladeshis were ‘detected’ in the state. Out of which 978 infiltrators were ‘prosecuted’, and the remaining 17,973 were deported.

The Islamic fundamentalist orientation through madrasah education, Islamic Jalsa (fundamentalist preaching for Islamic consolidation), anti-Indian propaganda by hate speeches and literatures mostly from Bangladesh, alienated other religious sects and ethnic groups. It is also strengthening the Islamic militancy and Inter Services Intelligence (ISI) network in the region. This is not only weakening our national security and integrity but also widening the communal division as well as deteriorating the moderate Muslim ideals. The entire process is damaging the secular fabric of our civil society leading to further erosion of social harmony. Apart from illegal immigrants a large numbers of smugglers regularly cross the border along West Bengal into India. They mainly engage in smuggling goods and livestock from India into Bangladesh. Moreover, Bangladeshi women and girls are trafficked to India and via India to Middle East for forced labour and commercial sexual exploitation.

The Centre for Women and Children Studies estimated in 1998 that 27,000 Bangladeshis had been forced into prostitution in India.

In Meghalaya, according to official statistics, in the five years (from 2008 to September 2013), 18,951 Bangladeshis were ‘detected’ in the state. Out of which 978 infiltrators were ‘prosecuted’, and the remaining 17,973 were deported. The state has abundant mineral resources, particularly coal and limestone, and these are mostly embedded in areas lying within East Jacinta Hills, East Agro Hills districts. Illegal immigrants mostly come to work as labourers.

As of today, an uneasy calm prevails in Meghalaya as pressure groups and the government have been at loggerheads over the inner-line permit (ILP) issue. Inner Line Permit (ILP) is an official travel document issued by the Government of India to allow inward travel of an Indian citizen into a protected/restricted area for a limited period. While the groups are pressing for the implementation of the ILP to check influx and illegal immigration into the state, the government has put its foot down and has suggested other mechanisms like the proposed Meghalaya Regulation of Landlords and Verification of Tenants Bill.

The Kerala police are reportedly finding it difficult to check the influx of these Bangladeshi illegal migrants.

Tripura, a bulge of land protruding south into Bangladesh, is home to native tribal and Bengalis. Most of the Bengalis, who make up three-quarters of the population of 3 million, arrived as refugees from Bangladesh after its independence in 1971. There are two main separatist rebel groups, the National Liberation Front of Tripura (NLFT) and the All Tripura Tiger Force (ATTF). Both want independence for the tribal areas of the state and the removal of Bengali immigrants, and both have attacked the Bengali-speaking community as well as kidnapping their political opposition. Attacks on Bengalis in northern Tripura have displaced tens of thousands of Bengalis, who are not illegal immigrants. Another major cause of displacement of Bengalis was the building of a fence along the border with Bangladesh, during which tens of thousands of Bengalis were evicted from their homes.

Sikkim and Mizoram state governments are somehow doing better than the rest, by remaining solid as rock while handling illegal immigrants from Bangladesh. It is required for entering Mizoram through any of the check gates across the inter-State borders. Typically, a ‘Temporary ILP’ is issued to visitors, which is valid for 15 days, and can be extended another 15 days, with the possibility of extending it to one month in exceptional circumstances. However, with the sponsorship of a local resident or government department, a ‘Regular ILP’ can be procured, which is valid for 6 months and can be renewed twice for another 6 months each. If arriving by air, an ILP can be obtained on arrival at Lengpui Airport in Aizawl.

Lately, Bangladeshi illegal migrants have been moving to Kerala owing to the high wages for unskilled and semi-skilled labourers, and also the presence of sizeable Muslim population in the state. The Kerala police are reportedly finding it difficult to check the influx of these Bangladeshi illegal migrants. Kerala State Intelligence officials said they found that a large section of migrant labourers in the state claiming to be from West Bengal were actually from Bangladesh.

One of the biggest hurdles in deportation of illegal immigrants was Bangladesh government’s consistent denial that its citizens are illegally crossing the border.

Over the years, successive Indian Governments have taken certain policy initiatives. In1983, one of the most well known initiatives adopted by the Indira Gandhi government was the Illegal Migrant (Determination by Tribunal) (IMDT) Act, applicable to state of Assam only. This Act described the procedures to detect illegal Bangladeshi immigrants and expel them from Assam. The Act was pushed through mainly on the grounds that it provided special protections against undue harassment to the ‘minorities’ that were affected by the Assam agitation. In other states, detection of foreigners is done under ‘The Foreigners Act, 1946’. In 1998, the BJP Government ordered the construction of the Indo-Bangladesh barrier to stop migrants and illegal trade along the border.

In 2005, the Supreme Court of India struck down the IMDT law (1988) for Assam for non-performance and reinstated ‘the Foreigners Act of 1946’ throughout India to deport illegal immigrants from Bangladesh with no exception for Assam. Unfortunately, the IMDT did not perform as expected. From its inception in 1983 through to 2005, the tribunal identified a mere 10,000 illegal immigrants, and deported only 1,400. Indian government tried hard to convince successive Bangladeshi governments but in vain. One of the biggest hurdles in deportation of illegal immigrants was Bangladesh government’s consistent denial that its citizens are illegally crossing the border.

This compelled India to adopt the only option left and that was border fencing and a push back policy. In 2005, it was planned to enhance the already existing barrier in Assam and to encircle West Bengal, Tripura and Mizoram as well. However, this measure had also not been fully effective as many areas still remained unfenced on account of delayed land acquisition and non-resolution of boundary disputes.

In 2011, both the countries signed, a joint Coordinated Border Management Plan (CBMP). However, the laxity in border patrolling displayed by Bangladeshi border guards has diluted the impact of this initiative.

…curbing illegal immegration will not be easy for India too. R Jagannathan recommends: “While, the policy of deportation has had little impact on ground, it has soured relations on many occasions. Instead, India may try issuing short-term work visas to illegal workers. This documentation could help both countries.”

Finally, on 7th May 2015, the NDA government had taken the landmark initiative. The Constitution (100th Amendment) Bill has been passed by the Parliament of India to ratify The Land Boundary Act (LBA) after 41-long years from its inception. Prime Minister Mr. Narendra Modi kept his promise that he had made to Sheikh Hasina on the sidelines of the United Nations General Assembly in September last year: “Aap mujh pe bharosa rakhiye (have faith in me)”. Hopefully this will secure the long stranded boundary and enable to curbillegal migration, smuggling and criminal acts across the border. In this light, a lasting solution will require further meaningful dialogue and cooperation between the two countries. India needs to take Bangladesh onboard for dealing with this problem. For this, the goodwill earned by the ratification of the LBA will be advantageous.

Worldwide, controlling influx of illegal mighrants is not an easy job. In Europe, it is now the maritime area which is the focus of illegal immigrants. Nearly 220,000 illegal maritime immigrants were estimated in 2014. There are three main routes. The eastern route (Greece, Cyprus, Bulgaria, Romania), the central Mediterranean route (Libya, Italy, Malta, Tunisia) and the western route (Spain, Portugal, Morocco, Senegal, Sahara). New pressure is emerging from struggling African countries. In order to curb illegal immigration, EU is trying to implement the exceptional means since the traditional methods are not enough. They are trying to help the countries from which sea-travelling illegal immigrants originate. Police cooperation has been successful to some extent in Algeria, Morocco and in some African States. Settling populations via economic aid, supporting States that are rebuilding political democracy are other options. The issue of illegal immigration is causing turmoil in the domestic policies of the European Union’s Member States.

In USA, in 2015, a federal judge ruled in favor of a suit brought by Texas and twenty-five states against Obama’s ‘Immigration Accountability Executive Action’. This would have provided temporary relief from deportation for some 4-5 million undocumented immigrants. Obama’s statement: “I am president, I am not king. I can’t do these things just by myself” make us realise that how difficult it is to make a policy on illegal immigration in a federal system like ours.

Therefore, curbing illegal immegration will not be easy for India too. R Jagannathan recommends: “While, the policy of deportation has had little impact on ground, it has soured relations on many occasions. Instead, India may try issuing short-term work visas to illegal workers. This documentation could help both countries.” To start with this could be one of the viable measures to curb illegal immigration by opening up some legal route. Improving border security will be possible now since the ratification of the LBA has been accomplished. The solution to illegal immigration needs to be found and that too, soon. It would be sensible for the Prime ministers of both the countries to formulate a policy that would enrich both nations and strenghten ties. After all that is what good neighbours do.

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The views expressed are of the author and do not necessarily represent the opinions or policies of the Indian Defence Review.

About the Author

Madhumanti Sen Gupta

The author has worked in senior positions in various multinationals.

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