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debarred from voting for 10 years. Three, those who came after the formation of Bangladesh post1971 migrants were to be given the protection of a judicial process against deportation.
The first element, full citizenship for pre-March 1971 immigrants, is straightforward. The second is
hybrid, since it recognizes a category of foreigners who would become full citizens, but whose voting
rights are not given for 10 years. The expressed purpose of the Illegal Migrants (Determination by
Tribunals) Act, 1983 was to establish tribunals to expel illegal migrants in a fair manner. But its
function was to insulate post-1971 immigrants from Bangladesh from the application of Indias
citizenship laws.
Hybrid citizenship is lawmaking by stealth. The government does little to publicize this conferring of
citizenship on millions of people. Thus, an air of ambiguity envelops the citizenship status of its
beneficiaries.
Two laws that created the hybrid citizenship regime call up a date that resonates more in Bangladesh
than in India. March 25, 1971 was when the Pakistani military crackdown on East Pakistan began,
initiating a massive exodus to India. According to the Indira Gandhi-Mujibur Rahman agreement,
Bangladesh takes responsibility for those who moved to India after that date. But this means that
migrants from East Pakistan, whether Hindu or Muslim, had to be deemed Indian citizens since
Bangladesh, as the successor state, is not responsible for them. Thus in Indian law, only someone who
came after 1971 can be considered an illegal immigrant.
Whatever the legitimacy problems of lawmaking by stealth, the hybrid citizenship regime enabled the
Congress to continue presenting itself as the sole provider of security to minorities and win elections
in Assam, though it has had to make some room for the Asom Gana Parishad.
In 2005, the Supreme Court ruled the IMDT law unconstitutional. The law, said the court, had
encouraged massive illegal migration from Bangladesh to Assam and that it created insurmountable
difficulties in detecting foreigners in Assam. The verdict has played a role not unlike that of the
election commissioners statement in 1978. Assam has been on a boil ever since. The immigrant
communities in Assam are more assertive today. Street confrontations over vigilante action against
suspected Bangladeshis have turned ugly. This was the political context of the terror bombings. That
citizens and foreigners remain essentially contested concepts provided the backdrop.
Border fencing will not provide a magic answer unless we confront how the Partition has played out
in the east. We complain about thousands of illegal Bangladeshis in India. Bangladesh however,
completely denies such a claim. That is possible partly because the issue is unresolved inside India.
Our citizenship practices have not been able to negotiate an authoritative line between the Hindu
nationalist idea of homecoming and illegal immigration. To do that risks the Indian states
foundational ideology.
It may be productive to consider that cross-border movement of people might continue with or
without a border fence. Theoretically speaking, a multi-level and transnational citizenship regime that
decouples citizenship from nationality is possible. It could combine voting rights in Bangladesh, with
full rights of personhood in India. A notion of citizenship as a combination of rights associated with
personhood and the workplace separate from voting rights provides a possible way out. While some
rights could be universal, others could remain tied to nationality. Resident and migratory foreigners
could have the former, but not the latter.
Once we find a definition of citizenship, both legal and authoritative, it might be easier to have a
rational discussion with Bangladesh about cross-border population movement. An Indo-Bangladesh
protocol on labour movement can reduce some of the immediate strain. That may be the first step
toward developing a transnational citizenship regime for an existing transnational economic space.
The author is honorary professor, Centre for Policy Research, New Delhi