The history of immigration in Assam

Section 6A grants citizenship to anyone who entered Assam from Bangladesh before January 1, 1966 (Section 6A(2)). It also recognises those who arrived between January 1, 1966, and March 24, 1971, as Indian citizens, but without voting rights for 10 years (Section 6A(3)). Only immigrants who entered illegally after March 25, 1971, are considered illegal and ineligible for citizenship.

Some organisations in Assam have called for a repeal of this section, arguing that it unfairly legitimises the status of illegal immigrants from 1950 to 1971, treating Assam differently from the rest of India.

The significant influx of migrants has raised longstanding concerns about demographic changes in Assam, loss of livelihood opportunities, and erosion of indigenous culture. This context prompts a closer examination of 20^th-century immigration in Assam and the rationale for designating 1971 as the cut-off date.

A historical perspective

While ancient Hindu texts, including the Mahabharata and the Puranas, provide fragmentary evidence of migratory activities in Assam, one of the earliest recorded instances of population movement in the state occurred during the Ahom invasion in 1228 A.D. The Ahoms, an ethnic group that first settled in Assam’s Brahmaputra valley, ruled the region until 1838 when it was formally annexed by the British Empire.

The Treaty of Yandabo in 1826 marked the beginning of British rule in Assam, opening the region to neighbouring districts and the wider subcontinent. The British viewed Assam as a frontier and encouraged large-scale immigration. Policies in the 19^th and 20^th centuries aimed to boost productivity, attracting labourers to the tea industry from places like Banaras, Bihar, and Chota Nagpur. The global jute trade prompted traders to seek land as Bengal lacked sufficient space for jute production. The Assam-Bengal Railway further facilitated the influx of thousands of immigrants into lower Assam.

Scholar Nripendra Kumar Dhar, in his 1981 doctoral thesis ‘Impacts of Immigration in Assam (1872-1947)’, identified Bengalis as the first immigrant group in colonial Assam. “A number of Bengalees from the neighbouring districts of Bengal….Sylhet, Daca, Rangpur, Pabna (now in Bangladesh) …already conversant in the art of Government came to this State on various assignment to serve the interests of the British Administration,” Dhar stated.

The 20^th century saw a significant rise in the influx of people, leading to considerable tension in the region. Scholars have identified four major immigrant groups, with the largest being plantation labourers from Bihar, Uttar Pradesh, Orissa, and Madhya Pradesh who came to Assam between 1891 and 1921.

The second wave included peasant migrants from overpopulated districts of East Bengal, numbering about three lakhs in 1921, five lakhs in 1931, and eight lakhs in 1951, according to Census records and official documents cited by Dhar.

In the 1931 Census Report, C S Mullan from the Indian Civil Services noted, “an event which seems likely to alter permanently the whole future of Assam and destroy more surely than did the Burmese invaders of 1820, the whole structure of Assamese culture and civilisation has been the invasion of a vast horde of land-hungry Bengali immigrants mostly Muslims from the districts of Eastern Bengal.”

Though initially muted, anti-immigration sentiments soon escalated. To ease tensions, colonial district officials in Nowgong (now Nagaon) introduced the Line System in 1916, implemented in 1920. This system created three designated lines: the Immigrant Line, the Assamese Line, and the Mixed Line, aiming to mitigate conflicts in areas populated by indigenous Assamese, particularly around Nagaon and Morigaon. However, it was a complicated system that ultimately proved ineffective.

Syed Muhammed Saadulah, the first Prime Minister of Assam in British India who led the coalition ministry three times between 1937 and 1946, faced challenges in managing the influx of immigrants. During the 1943 Bengal Famine, his government initiated the ‘Grow More Food’ campaign, which attracted thousands of cultivators from Mymensingh (now in Bangladesh). These newcomers were settled in Assam with generous land grants from forest reserves, and grazing reserves, further escalating tensions surrounding immigration.

“Throughout this period, Nepali stock breeders and cultivators from Nepal and Darjeeling have also come in thousands as settlers in Assam,” Dhar’s thesis stated, adding that about 57,000 people arrived in the state by 1951. He further noted that Assam’s immigrant population increased by 138% from 1901 to 1951, the highest recorded increase in any province during that period.

After Independence, a new group of migrants emerged: Hindu families displaced from East Pakistan, numbering 2,74,000, according to the 1951 Census. The issue peaked in 1971 during the Bangladesh Liberation War, when at least 10 million Bangladeshis crossed into India—especially into Assam and West Bengal—illegally seeking refuge from widespread violence and genocide.

Anti-foreigners’ agitation

The large-scale migration over the years led to significant unrest between local communities and ‘outsiders’, culminating in the Assam Movement from 1979 to 1985. The Assamese feared a substantial influx of illegal Bengali Muslim settlers from Bangladesh, believing this could reduce their population to a minority. Economic issues, such as widespread poverty and unemployment, further fuelled tensions, as resources like oil, tea, and coal appeared to benefit outsiders rather than local residents.

In 1979, AASU, a non-partisan student group, spearheaded an anti-foreigner movement. This movement opposed illegal migration, the dominance of Bengalis and other outsiders, and flawed voter registries that included many immigrants. The AASU demanded the deportation of all outsiders who had entered Assam after 1951. Although the agitation united various segments of Assamese society, it was marked by tragic violence and loss of life and property.

After six years of agitations, the then-Rajiv Gandhi-led government at the Centre reached an agreement with AASU leaders in 1985. The accord established March 25, 1971, as the cutoff date for identifying and deporting foreigners who migrated during and after the Bangladesh Liberation War (from March 26 to December 16, 1971). However, many in Assam were dissatisfied, particularly since the Centre had initially proposed 1965, while the rest of India used 1951 as their benchmark.

The Supreme Court verdict

A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud upheld the validity of Section 6A with a 4:1 majority. The Chief Justice clarified that Section 6A was designed to manage the influx of migrants while addressing the status of those already settled in India. He characterised the Assam Accord as a political solution to the issue of illegal migration, with Section 6A serving as its legislative counterpart. “Legislative objective of Section 6A was to balance the humanitarian needs of migrants of Indian origin and the impact of the migration on the economic and cultural needs of Indian States,” said CJI Chandrachud.

The court also gave justification for singling out Assam among the states bordering Bangladesh. The Chief Justice pointed out that the impact of 40 lakh migrants in Assam could be more significant than that of 57 lakh migrants in West Bengal, given Assam’s smaller population and land area. He further affirmed that the March 25, 1971, cut-off date was reasonable as it coincided with the end of the Bangladesh Liberation War, categorising migrants arriving after this date as migrants of war rather than those resulting from the Partition.