Although the Nagas are currently engaged in political talks with India, with the primary objective to distinguish the Nagas from the Indians, a Citizenship Bill, 2016 is being placed in Delhi that has the potential to inflate non-Naga population in Nagaland. The collective scholars based in the Institute of Naga Studies (INS) attempt to explore the issue concerning this citizenship bill and its possible impact in the state.
Citizenship as Defined
Citizenship is a political status accorded to members of a political organization that entitles them with rights and privileges. Citizenship is one of the basic requirements of an individual as it defines one’s position that provides sense of security and gives civil and political rights. An individual who is a citizen of any nation is a legal resident of that country who enjoys all rights and opportunities provided by the state. Citizenships are acquired as per the norms of the country. Generally, an individual assumes citizenship automatically from the country they are born in or through parents, or by marriage. It can also be acquired by immigrants provided certain qualifications are met. According to the Indian Citizenship Act, 1955, a person becomes a citizen of India when:
- A person born in India after 26 January 1950 would, subject to certain exceptions, be a citizen of India by birth.
- Anyone born outside India after 26 January 1950, subject to certain requirements, would be a citizen of India if his/her father was an Indian citizen at the time of his/her birth.
- Under certain conditions, certain category of persons could acquire Indian citizenship by registration in prescribed manner.
- Foreigners could acquire Indian citizenship on application for naturalization on certain conditions.
- If any territory became part of India, the Government of India could by order specify the persons who would become citizens of India as a result thereof.
- Citizenship could be lost by termination, renunciation or deprivation on certain grounds specified in this act.
Thus, according to the Act, citizenship is acquired by birth, descent, registration, and naturalisation. Over the years, the act has been amended several times according to the evolving nature of citizenship, such as; the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, the citizenship (Amendment) Act, 2005, and the Citizenship Amendment Bill 2016. The latest citizenship amendment bill 2016 is notable for the following reasons:
- The bill amends the Citizenship Act, 1955, to make illegal immigrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan eligible for citizenship.
- One of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years. The Bill relaxes this 11-year requirement to six years for persons belonging to the same six religions and three countries.
The Citizenship Bill, 2016 has caused much controversy and disagreement throughout the country, and a civil society group also held a protest rally in New Delhi terming the bill as “communally motivated” (The Hindu, 30 September 2016). The bill is certainly notorious for giving preference to particular religious groups. Exclusive rights given to certain religious groups is a violation of Article 14 of India’s Constitution which prohibits discrimination on grounds of religion, race, caste, sex or place of birth. While in spirit, the bill focuses on giving relaxation to the immigrants, it is the Hindu religious group who will perceptibly benefit more as the en-masse Muslims minority especially Rohingya Muslims from Myanmar, Shias and Ahmadiyyas from Pakistan who immigrated to India do not come under the purview of this provision. It also poses serious challenge to the Muslims who migrated to India, especially, from East Bengal a century ago, for they can be easily targeted and harassed as illegal immigrants.
The consequential threat of the bill is perceived to be even more critical by the states of North East, India, due to its proximity to Bangladesh. The influx of Bangladeshis into Assam state has been of great concern since the early 1950’s. As such, in Assam, the Bill has been criticized by academicians, political leaders, and citizens because it violates Clause 6A of Assam Accord, which states that any foreigner who entered Assam on or before March 25, 1971, shall continue to be detected and expelled in accordance with the law. The state has subsequently witnessed vehement people’s movement against illegal Bangladeshis in the last four or more decades. Notwithstanding their allies with BJP, Asom Gana Parishad (AGP), also opposed the bill tooth and nail.
In recent times, Nagaland state has also attracted a number of immigrants. Due to its contiguous boundary with Assam, the influx of Bangladeshi migrants has severely hit Dimapur district. In the decadal census of 1981-2001, Nagaland was ranked highest in the country in terms of illegal immigrant influx. There was a sharp rise of population in the state from 56.08 per cent in 1981-1991 to 64.41 per cent in 1991-2001 (Singh, 2009). The increase in population was mostly concentrated in Dimapur. In 2003, the Nagaland Government estimated approximately one lakh illegal immigrants that had settled in the foothills of the state bordering Assam (Singh, 2009). The then Home Minister, Imkong Imchen stated on the floor of the State Assembly that a total of 75,807 ILPs were issued in 2008-09, and the total registration amount collected was Rs 2,024,690. In 2007-08, the number of permits issued was 76,268, with the total amount collected being Rs 2,157,345 (Singh, 2009).Thus, the Citizenship Bill 2016 has generated serious attention from the Nagas who perceived the Bill as a threat to the demography of the state. It is also dreaded that the changes in population dynamics will be followed by more sinister consequences on the front of political, security, cultural and social re-organization, among others.When the bill becomes a reality, there is a great possibility that more illegal immigrants will be pushed into Nagaland as the state is the nearest safe haven for the illegal immigrants to escape persecution in Assam, which houses the largest Bangladeshi Muslim immigrants.
There are obvious reasons why the illegal immigrants find their foothold in Nagaland far easier than elsewhere. Many of the immigrants are engaged in cheap and skilled labours such as construction of houses and roads, manual works, rickshaw pulling, etc. Because of the Naga’s disdain to engage themselves in the manual and cheap labour, the immigrants easily find work in any part of Nagaland. As the Naga youths venture outside the state for high-end work opportunities, Nagaland faces labour shortage. As a result, hiring and employing the immigrants become easier and cheaper. Even local contractors and businessmen prefer to hire immigrants as they come much cheaper, and more skilled, and yielding.
Gradually, even the local economy of the state has been mostly controlled by the non-locals. The Department of Evaluation, Government of Nagaland carried out a survey in 2006 on employment in the private/unorganised sectors in three district headquarters of Kohima, Dimapur, and Mokokchung, covering 13,380 establishments/shops. The total number of Non-Naga workforce earning their livelihood in these three sample districts were 45,815, with an annual income of Rs. 450.60 crore. According to this survey, Dimapur had the largest non-Naga workforce of 32,700 persons, followed by Kohima (10,900), and Mokokchung (2,215).Further, a survey conducted by the state Directorate of Agriculture in 2003 revealed that out of 23,777 business establishments, nearly 71.73 per cent were owned and run by non-Nagas, with the Nagas owning only 6,722 shops (Singh, 2009). This clearly shows how much non-Nagas have been able to make an impact in trading and how fast they have gained access in the business establishments of the state.
One of the reasons for the profuse increase of illegal immigrants in the state can be attributed to the Naga’s essential nature of their hospitality,and that in a way is an indication of a tolerant social mindset, which is a matter of pride. The spirit of tolerance in the Naga society also allows different communities to flourish together as an equal partner as evidenced by the absence of hegemonizing agents,which speak volumes about a sense of equality prevailing in the Naga society. The illegal immigrants are eagerly given shelter in exchange for their labours. The host usually provides them land for cultivation that allows them for a gradual establishment of their own families.Consequently, the plural communities are exposed to miscegenation. The gradual rise of inter-marriage between the Nagas and the illegal immigrants have produced
d that go by the names and clans of the Nagas enabling them to claim birth right and blood rights in the Naga society. Intermarriage has been known as resultant factor in gifting land to the non-Nagas causing serious threat to Naga’s land ownership system affecting their social identity.
Land is an important marker of identity in the Naga society. It is considered as an important factor for determining the status of a citizenship in a village. Therefore, the possession of land is of paramount importance to a Naga. Land for the Nagas occupies two important domains—as a source of livelihood and identity. There is none a Naga who is without a clan, village, or a tribe, and each village holds a permanent territory of their own. Land as such, and for the Nagas is more than an asset or property. Land is prestigious as it gives identity to the people and it also defines their root.
The present electoral politics of Nagaland prove to be another dividend factor in attracting illegal immigrants in the state. Most of the political parties in the state mobilises voters even among the illegal immigrants which subsequently gives them the rights to residency in the state. Today, most of the illegal immigrants have acquired voters’ card and aadhar card which allow them to claim rights for residency in the state. Nagas in Dimapur has the possibility of being outnumbered by the immigrant voters in the nearest future.
In short, the citizenship Bill, 2016 which was introduced in the Lok Sabha has proposed three changes. Firstly, to provide for the acquisition and determination of Indian citizenship for certain category of illegal immigrants. Secondly, the relaxation of citizenship criteria based on the years of residency in India, and finally, to merge the categories of Persons of Indian Origin (PIO) and Overseas Citizen of India (OCI) (Thakur, 2018).
If the bill becomes an Act, it is clear that Naga society would be adversely affected. As stated above, the increasing number of immigrants settling in Nagaland can cause a major threat to the Naga’s land and identity. The growth of non-Christian religious institutions in the last few decades is a noteworthy indication of the rise of non-Nagas in the state, especially the immigrants. In the valley of Dimapur district, the growth of non-Christians has been exponential due to the relaxation of Inner Line Permits (ILPs) in the district. Dimapur has been serving as a buffer to the illegal immigrants from all the political, social, and natural upheavals in the neighbouring states and countries. As a result, Dimapur faces imminent danger from the influx of the illegal immigrants, especially, the non-specified religious groups in the Citizenship Bill of 2016, driven out of the neighbouring states.
Onto this, there has been much opposition relating to the bill in the state of Nagaland. For instance, the Naga Students’ Federation, Nagaland Tribes Council, Nagaland unit of the JDU, etc. have been vigorously campaigning against the bill. Nevertheless, the biggest decision lies with the Assembly of the state.Adequate policing along the Assam and Nagaland borders, and efforts to control the illegal cross-border immigration needs to be attended meanwhile.
