Agenda of the Manipur State Assembly in connection with Inner Line Permit System

Dr. Khomdon Lisam *

Manipur Legislative Assembly Building at Chingmeirong in August of 2011 :: Pix - DIPR

The Manipur Legislative Assembly is now in quandary what to do with the proposed enactment of a bill to protect the indigenous people of Manipur and to regulate entry of migrant workers. They honestly want to fulfill the demands of the Joint Committee on Inner Line Permit System (JCILPS) and at the same time they are worried that the Bill or the Act may be struck down by the Supreme Court or the High Court as unconstitutional if adequate care is not taken not to be in conflict with the provisions of the Indian Constitution. They may be remembering the statement of Mr. Shinde , the then Union Home Minister that "the ILP in Manipur is unconstitutional and therefore can not be done."

One apprehension with the Manipur Legislative Assembly is that the Central Government under BJP may not be very happy with the Bill on ILP. One possibility is that the Bill may not get the assent of His Excellency, the Governor of Manipur if there are technical errors and legal loopholes or found in conflict with the provisions of the Indian Constitution.

Another possibility is that even if the Bill becomes an act after getting the assent of His Excellency, the Governor of Manipur, the act may be subject to judicial review and it may be struck down as unconstitutional if it is found in conflict with the any provision of the Indian Constitution. Once the Illegal Migrants (Determination by Tribunal ) (IMDT) Act enacted on 12 December , 1983 by Indira Gandhi government was struck down by the Supreme Court of India in 2005..

In such eventuality, it will be a great disgrace to the Manipur State Assembly in particular and the people of Manipur in general. The People may even demand the resignation of the Hon'ble Chief Minister for his ignorance of the law. That is why we should be extra careful. Probably, the Law Department of the Government of Manipur may be working overtime to find a viable solution but they too are not self confident.

This situation of confusion and indecision is happening in spite of lengthy discussions, consultations with the leaders of political parties, academicians and legal experts. Because nobody wants to take the risk. Risk taking is one trait of leadership, which is missing. Everybody wants to leave it to the wisdom of the Hon'ble Chief Minister.

The following suggestions may be considered in greater public interest:

Title of the Bill: The title of the Bill should reflect the main objective of the Bill. The title " Manipur Visitors and Tenants Law -2015 "proposed by Hon'ble MLA L. Ibomcha Singh is dull, not appealing but misleading and does not reflect the main objective of the Bill. It reflects the weakness and lack of clarity of the intention on the part of the Manipur Legislative Assembly.

I do not know why so many highly qualified ministers and MLAs and political leaders of Manipur could not participate actively in this law making process and come out with a more appealing and appropriate title. They are not men of the straw but act like one. This title should be dropped without further discussion and consideration.

We should be courageous enough to define the correct and appropriate title. The title may be " Protection of the Indigenous people of Manipur Bill-2015 ". This title is appealing, attractive, exciting and appropriate reflecting the main objectives of the Bill and will be able to attract the attention of the Government of India.

The second option may be the "Manipur Inner Line Permit Bill -2015" . The third option may be "Manipur Migrants Regulation Bill- 2015". I am confident that the legislators of Manipur are intelligent enough to give an appropriate title to the Bill.

Objectives of the Bill

The JCILP is very clear about the objectives of the Bill. The main objectives of the Bill may be
(1) to protect the identity, culture, lands, language, script and business of the indigenous people and permanent residents of Manipur
(2) to regulate the entry , employment and settlement of migrants to Manipur .

Main Provisions of the Bill

One thing is very clear,, the JCILPS may not compromise with a Bill with no teeth, which will not protect the indigenous people and permanent residents of Manipur. The Bill , in order to fulfill the main objectives of the Bill , may consists of, inter alia, the following provisions

1. Compulsory Registration of people coming from other states on payment of prescribed fees with exemption clauses for students, employees of the Central government etc.

2. Penalty and Punishment clauses for delayed registration or non-registration as provided under the Bengal Eastern Frontier Regulation , 1873.

3. Issue of Work Permit – the trades which the migrant may take up during the course of his/ her stay in Manipur on payment of prescribed fees.

3. Extension of Registration and Work Permit on payment of prescribed fees

4. How to check influx of foreigners coming with Birth Certificates, Driving Licences, Domicile certificates, Ration Cards from Assam and other states.

5. Entry points to be manned for checking entry of people from outside the state and lay down detailed procedures to put the Act into effect.

6. Identify district and state authorities to issue the Registration and Work Permit certificates at district and state level

7. Penalty and Punishment clause in case of foreigners may be incorporated as prescribed for foreigners under the Foreigners Act -1946

8. Base Year or Cut Off Date and Year : It may be 1st March, 1951 (Census Date ) or 1st August, 1980 ( as per agreement on 22 July, 1980 between the All Manipur Students Union(AMSU) and the Government of Manipur ) . Without cut off date, it may amount to blanket approval to outsiders to purchase lands in Manipur.

9. Retrospective Effect : According to Supreme Court, the states can't amend laws with retrospective effect. But the State can pass laws with retrospective effect . The Karnataka Schedule Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 is an example. Necessity knows no law but makes law.

9. Complete Ban on purchase of land by outsiders or Business Houses from other states except with the approval of the state Government. Is it in conflict with the Manipur Land Revenue Act-1960 ?

10. All Business establishment in Manipur to be permitted only in the name of the indigenous people/Permanent Residents with Penalty and Punishment clause for violating the Act.

11. Deletion of the names of the Outsiders, who entered Manipur after the Cut Off date from Electoral Rolls and Domicile certificates

12. Ban on employment in Government sector of Outsiders, who entered Manipur after the cut off date.

13. Ban on joining competitive examinations in professional courses for children of Outsiders, who entered Manipur after the cut off date.

12. Definition of Permanent Residents – the indigenous people of Manipur and outside migrants who entered and settled in Manipur before the Cut Off date will be termed as Permanent Residents.

13. Permanent Residents will be entitled to all the benefits including purchase of land, establishing business, employment etc.

14. One controversial clause may be – shall we allow the migrants marrying local girls to purchase land in the name of the migrant or in the name of the local girls or ban it altogether. My opinion will be to allow the migrants to purchase land only in the name of the local girls.

There may be many other points which the Hon'ble members of the Manipur State Assembly may like to incorporate .

It may be worthwhile to consult constitutional experts like Subhash C. Kashyap and Ram Jethmalini etc before the Bill is placed in the State Assembly. Taking two opinions from two experts will be better. This will satisfy and enhance the confidence of the Central Government . We have wasted 65 years without thinking . Now we have suddenly woken up . Heaven will not fall on us for waiting till the next Assembly session.