The recent refusal of the Supreme Court to stay the Adaptation of Laws (Amendment) Order, 2019, issued by the President to amend the Bengal Eastern Frontier Regulation (BEFR), 1873, has brought the issue into the limelight. Eager to hear the government’s stance on the matter, the court’s actions have prompted a closer examination of the implications and key points surrounding this contentious decision.
The Controversial Presidential Order
The Supreme Court challenge against the Presidential order was pursued by two key groups: Asom Jatiyatabadi Yuba Chatra Parishad (AJYCP) and All Tai Ahom Students’ Union (ATASU). They argued that the Presidential Order removed several districts in Assam from the scope of BEFR just prior to the approval of the Citizenship (Amendment) Act (CAA), 2019. The districts in question — Kamrup, Darrang, Nowgong, Sibsagar, Lakhimpur, and Cachar — found themselves at the center of the dispute.
Impact on the Citizenship Amendment Act (CAA)
BEFR provides states with the power to classify districts as “inner line” areas. Once a district is classified as such, the implementation of the CAA — specifically, the provision granting citizenship to illegal immigrants in Assam — is restricted due to Section 6B (4) of the Act. This section limits the application of CAA to tribal areas as outlined in the Sixth Schedule of the Constitution and areas designated as “Inner Line” under BEFR.
The Contention Surrounding the Inner Line Permit (ILP)
The CAA eases the eligibility requirements for certain migrants from Pakistan, Bangladesh, and Afghanistan who are seeking Indian citizenship. However, it exempts areas protected by the Inner Line system. The state government argues that implementing the ILP in Assam is impractical due to its strategic position as the gateway to northeast India. This move would allegedly boost unemployment rates and negatively impact the tea and oil sectors.
The Historical Background of BEFR and ILP
Introduced by colonial rulers, the Inner Line Permit (ILP) is a system designed to protect indigenous populations from external settlers. The Bengal Eastern Frontier Regulation Act (BEFR), 1873, prohibits outsiders from entering areas beyond the Inner Line without a pass or purchasing land there. In the past, the BEFR served to safeguard the commercial interests of the British from tribal communities. Today, it continues to separate the tribal-populated hill areas of the Northeast from the plains.
For Indian citizens from other regions to enter and stay in these areas they need an ILP. The goal of the ILP is to prevent the settlement of other Indian nationals in the States where the ILP regime is prevalent.
The Extension of the ILP Regime
The Adaptation of Laws (Amendment) Order, 2019 has extended the scope of the ILP regime to include Manipur, a new addition to the existing states of Arunachal Pradesh, Nagaland, and Mizoram where the ILP regime already applies. The order serves to strengthen the barrier against illegal immigrants — a problem that continues to plague Assam and its citizens despite existing regulations. The extension underlines the ongoing relevance of the BEFR as a potential solution to the issue of illegal immigration.