Buaipih
tham huai bill thumte deihselua hinapi Meitei-te’n 10th MLA (10th Session) a Bill
khat ‘Manipur Regulation of Visitors, Tenants & Migrant Workers Bill, 2015’
kichi zang in phupan ua, Manipur Assembly in leng passed hi. State solkar in
March 20, 2015 ni-a Governor kiang a apiaktouh himahleh Indian Constitution
Article 201 pansan in President dongphot ding chi’n Governor in assent pelou
hi. Huchi’n JCILPS min in helna phaizang mite’n hon pan uhi.
State
Assembly in July 15, 2015 in huai bill tha-khek ding Bill dang puakut ding ngim
in zukkik thak hi. Tua i bill thumte leng a ut uleh zukkik thei mahmah lai uhi.
Mr.Chaoba Singh, President BJP in phualpi solkar leng
BJP Solkar mah ahihtoh ILP koihna dia President lemsakna a muhzoh ngei kineem
mahmah hi.
Pilvang tak a plan bawl in kalsuan dingdan gelsa hoihtak nei uhi. A ngimdan
un Bill thak kibawl ding ah Drafting Committee guan a; member dia Legal
Experts, political representatives, civil society representatives, experts,
academicians, JCILPS representatives etc.
telsak ding chi uhi. Phualpi solkar in Bill a pom nopna dia Constitution
Expert: Ram Jethmalani, Harish Salve, Dr. Subhash C. Kashyap, Madhav Khosla,
etc. drafting committee-te guide dia zat ding; Ma a-telhna dia Report ah hiai
expert-te suai bang dawksak zezen ding chi uhi. Mi vantang telna ding ni 4-5
daih Seminar bang saizel ding leng sawm ua, mipi mobilize na di’n Civil
Societies a neihte uh UCM, AMUCO zat ding chi uhi.
Huchia State solkar in bill thak a passed chiang aleng ama-mahbang a
Governor in President dot ut ding a; Phetlou in Unconstitutional ahi chia nial
zomah ding chih mukhawl uhi. Aziak bel ama a bill-pen leng Mr. Sushil Kumar
Sinde, Union Home Minister lui in, “Our
Constitution will not allow such things. Any sensible person who believes in
the Constitution will not pass such a bill.” ana chihsan hi. President
lemsakna bang leng baihlam hetlou ding ahi chih thei a huai dingtan kisa sa-a
kalsuan hi uhi.
A tupdan ua huai Bill-te Governor kiang a piaktouh ahihchiang a
President kiang a nget pih dia phualpi solkar a mi poimoh tuamtuamte kun dia
Manipur a Political party tuamtuamte a lomlom a Delhi a kikulh dia zintouh ding;
Union
Home Minister, Prime Minister, BJP President leh India President-te beih-a beih
ding. Beihzoh ahih matan Delhi a akikulh ding uh. A zohkei uleh Manipur a hong
kiklouh ding uh chihtan a pan ding chi uhi. Hiaiteng nung a President in lem a sakpihkei
laileh National Political party-te Manipur a Bandh ding chilai uhi.
Ban ah,
O.
Ibobi Sngh, CM makiahna a Th. Chaoba Singh, BJP President leh Presidents,
Secretaries of All India Trinamool Congress, NCP and CPI, Civil society
representatives, constitutional Experts te’n Union Home Minister, Prime
Minister, India President, Sonia Gandhi, Rahul Gandhi, etc. muh ding;
appointment leng Imphal apan bawlsa a kuankhiat ding. Meitei sung a
kituahlouhnate koihkhiat a, Governor leng National Political Party heutute
mudia sawlkhiat ding. Bangmah sepsuahzoh a neihkei uleh Manipur a lutkik saklouh
ding. Huchia phualpi Solkar in na hon niallai uleh Manipur kuangzak ding ahi chihtan
a vau ding chi uhi.
Constitution
bawllai in Manipur-te ka telkei ua, a nung inleng bangmah ka gen ngeikei uh,
tutung kia ahi ka hon nget uh chih a, Constitution Amendment bawl dia nget
ding. Aziak bel tua i thil ngette uh: Territorial Integrity, Schedule
Tribe Demand leh Inner Line Permt System-te a kizat theihna dia Constitution
amendment bawlngai veve ahi. Huchia amendment bawlzoh chia Manipur a
lemna leh khantouhna om ding ahi chia kinial pih ding, chi uhi.
Constitutional
Amendment a telsak a sawmte uh lak a poimoh khenkhatte:
# Indian Constitution
Article 3 na a State Boundary khek lamdang theih kichipen
Manipur a zatlouh ding.
# India
danbupi a Union List leh Concurrent List a telkhate Manipur ah a kizang theikei ding.
# Manipur a tanggam
90% ahihman in Manipur pumpi Hill State hihsak ding.
# Manipur
a zaat tuamtuamte a kibangvei a koih ding. General, OBC, SC, ST chia kikhenna hih bei ding.
Huchia
Phualpi solkar in lem a hon sakpihkei laileh naksem a kiphinna Non-cooperation, Civil disobedience chihte tel a, pat ding. Chief Minister leh a MLA-te banah asang-asang
a volunteer-te Jantar Mantar, Delhi ah Dharna bawl a i tupte muh matan beih
charchar ding chihdan ahi.
Huai Bill Thumte:
1)
THE PROTECTION OF MANIPUR PEOPLE BILL, 2015
2)
THE MANIPUR LAND
REVENUE AND LAND REFORMS (7th AMENDMENT) BILL, 2015 leh
3) THE MANIPUR SHOPS AND
ESTABLISHMENTS (2nd AMENDMENT) BILL, 2015.
Mi
vangtang sim theih ding a hichia k’on gelh ahi a, English a sim nuamte’n hiai
link ah sim theih hi. http://ifp.co.in/page/items/27697/what-to-do-if-the-governor-refer-the-new-bill-on-ilp-to-the-president-of-india
What to do if the Governor refer the New Bill on ILP to the
President of India
By Dr.Khomdon Singh Lisam
On 9 July, 2015, our Hon’ble Chief Minister, Shri Okram Ibobi
Singh declared that the State Governor has not given his assent to the Manipur
Regulation of Visitors, Tenants & Migrant Workers Bill, 2015, which was
passed during the 10th session of the 10th Manipur Legislative Assembly.
According to the Chief Minister, “the Bill was extensively recommended
following a detailed discussion for more than five months.” The Bill was also
rejected by the people of Manipur, which leads to a series of public agitation
under the banner of JCILPS.
The unfortunate part is that the death of Sapam Robinhood Singh
(16), S/O S. Romesh Singh of Keisamthong Thangjam Leirak , Imphal. a student
from the Anand Singh Higher Secondary School on 8 July, 2015 has added fuel to
the fire. The State Government has not ordered even a judicial enquire to do
justice to the bereaved family and to calm down the agitation. Probably the
JCILPS and JAC may like to take up this issue. It is reported that the Manipur
Police has filed an FIR against the deceased Sapam Robinhood instead of
treating him as a victim of police atrocity. There are many things which US
Marshals Service or GSG 9 of Germany or Scotland Yard Police of UK can learn
from Manipur Police. Next year, they may be eligible of the President Medal
The Manipur Regulation of Visitors, Tenants & Migrant Workers
Bill, 2015 has been reserved for consultation with the President of India. The Chief Minister, after a long silence disclosed that the State
Government has submitted the Bill to His Excellency, the Governor of Manipur on
20 March, 2015 for giving Assent. On 23 June, 2015, His Excellency, the
Governor of Manipur informed the State Government that the Bill has been
reserved for consultation with the President of India under Article 201 of the
Indian Constitution. These procedural failures shows lack of transparency and
lack of seriousness and lack of leadership on the part of the State Government.
On 15 July, 2015 , the Manipur State Assembly withdraw the Manipur
Regulation of Visitors, Tenants & Migrant Workers Bill, 2015
On 12 July, 2015, the Congress Legislators Party decided to
withdraw the Manipur Regulation of Visitors, Tenants and migrant Workers Bill,
2015 as passed in the Manipur Legislative Assembly on 16 March 2015. The
decision to withdraw the Bill has come after intense public agitation, open
defiance of the curfew for more than five days and mounting public pressure to
withdraw the Bill. On 15 July, 2015 , the Manipur State Assembly withdraw the
Bill. The Hon’ble Chief Minister expressed his intension to constitute a
committee comprising of members from the Joint Committee On Inner Line Permit
System (JCILPS) to replace the controversial bill.
The earlier six recommendations of the Political Parties and the
comments of the legal experts over a period of five months were rendered useless
by the State Government due to poor leadership and lack of seriousness on the
part of the State Government.
Who drafted the Manipur Regulation of Visitors, Tenants and
Migrant Workers Bill, 2015 (MRVTMW).
Shri Laisom Ibomcha Singh, Hon’ble MLA stated in the Manipur
Legislative Assembly that three officials are responsible for drafting of the
Manipur Regulation of Visitors, Tenants and Migrant Workers Bill, 2015
(MRVTMW). He did not mention the names of the officials. If the statement is
true, then the three officials are responsible for creating civil unrest and
anarchy in Manipur and they should be given forced retirement for misleading
and acting against the interest of the people of Manipur and misguiding the
Manipur State Government. How and why did the Manipur State Government gave
power and authority to the migrant workers for drafting a Bill to control
migrant workers in Manipur. Is it not funny.. Recently our Hon’ble Chief
Minister has given forced leave to the Director of JNIMS for committing a lesser
crime. The crimes committed by these three officials as mentioned by shri
Ibomcha Singh, Hon’ble MLA. Is 100 times more severe than what the Director of
JNIMS has committed. I hope the Hon’ble Chief Minister may do something serious
to protect the prestige and image of the Manipur State Government. Our
spineless, deaf and dumb MLAs are maintaining a deafening silence at this
critical juncture. They are not interested in public issues. They are more
interested in distributing old age pensions to poor senior citizens under video
coverage violating the privacy, human dignity and human rights of the poor
helpless senior citizens. Probably the JCILPS may like to take up this issue.
Earlier Assurances of the Government of Manipur
On 22 July, 1980, the All Manipur Students Union(MSU) and All
Manipur Students Co-ordinating Committee (AMSCOC) signed an agreement with the
Government of Manipur to initiate identification, detection of foreigners from
1st August, 1980 of all outsiders and send them back home. On 9 November, 1994,
a second such agreement as signed by the AMSU with the Government of Manipur.
There have a series of protests and movement for introduction of Inner Line
Permit system in Manipur . The response of the state government is quite
encouraging . The matter has been under active consideration of the State
Government . But till date nothing significant has been done during 1980-2015.
This is the proof of efficiency of the State Government.
Earlier Attempts of Manipur Government
1.On 12 July, 2012, the State Cabinet under the leadership of the
Chief Minister has passed a CABINET RESOLUTION to urge the Government of India
to extend the provisions of the Bengal Eastern Frontier Regulations, 1873 to
the State of Manipur.
2. On 13 July,2012, in consonance with the public demand for
implementation of Inner Line Permit system to regulate inflow of outsiders, the
Manipur State Assembly had unanimously passed a resolution to put pressure on
the Government of India to extend and adopt the Bengal Eastern Frontier
Regulation- 1873 with necessary changes in the point of details to the state of
Manipur.
3. On 3rd August, 2012, Dr. J. Suresh Babu, Principal Secretary
(Home) in his letter no. 1/1(12) /2011 Home dated 3rd August , 2012 has sent a
simple one page request letter to the Home Secretary, Ministry of Home Affairs,
Government of India to extend the provisions of Bengal Eastern Frontier
Regulation 1873 (BEFR) to the state of Manipur. But there is no evidence of
enclosing any background material and justification in his letter for demanding
implementation of BEFR-1873.
4. On 5th August, 2012 as a reply to the Ministry of Home Affaires
Mr. Geoffrey, Joint Secretary –Home, Government of Manipur mentioned in his
letter no. 1/1(12)/2011 –Home (PMR-19) dated that “ the state did not have ILP
system in the past”? Manipur Durbar was having a Pass System from 1901 to 1950.
The Government of India has approved retention of the said Permit System in
Manipur vide Mr. G.E.D Walker, Advisor to the Governor of Assam letter no. 120/47/C-
26-27 dated 17th January, 1948 and adopted by His Highness, Maharaja of Manipur
on 26 February 1948? Every outside migrant from other states was required to
take a Pass for entering the geographical boundaries of Manipur. This is one
kind of Inner Line Permit System since the permit was required for entering the
geographical boundaries of Manipur . Then how and why Mr. Geoffrey mentioned in
his letter that “ the state did not have ILP system in the past”? The action of
Mr. Geoffrey tantamount to sabotaging the State Government’s efforts and
hijacking the people’s mass movement is a serous crime which needs exemplary
disciplinary action.
What are the essential features of the New Bill
In this connection, all the essential features of the New Bill has
been described in my previous article entitled “Agenda of the Upcoming Manipur
State Assembly regarding a New Bill on ILP” which has been published in
prominent English newspapers (14-07-2015), E-pao, Manipur Times etc.
The essential features includes (1) Title of the Bill (2)
Objectives and Reasons of the Bill (3) Appropriate definition of Permanent
Resident with cut off date of 18 November 1950 (date on which Himmat Singh
abolished the Permit System ) (4) Compulsory Registration of outside Migrant
Workers on payment of prescribed fees with exemption clauses. (5) Penalty and
Punishment clauses for delayed registration or non-registration (6) protection
of ancestral land of indigenous people (7) Provision for deletion of the names
of the migrant workers who entered Manipur after 18 November, 1950 and their
descendants from the electoral rolls of Manipur (8) Provision on Ban on
employment in Government sector of Outsiders, who entered Manipur after 18
November, 1950 and their descendants. (9) Provision on Ban on joining
competitive examinations in higher educational, Technical educational and
professional courses for children of Outsiders, who entered Manipur after 18
November, 1950 and their descendants.
If these provisions are not included in the New Bill, it will be
incomplete and the indigenous people of Manipur will continue to suffer.
Luckily, our Hon’le Chief Minister ha expressed his desire to include all the
features to satisfy the will of the people.
Proposal of the President, BJP, Manipur
Not a single political party should try to take credit for having
passed a bill with all essential features fulfilling the wishes of the people.
The state government should work with complete transparency in collaboration
with other political parties.based on mutual trust. Shri Th. Chaoba Singh,
President BJP should be given an important role considering the role, the BJP
can play in getting the approval of the Central Government and assent of the
president. His suggestions (1) for constituting a drafting committee comprising
of Legal Experts, political representatives, civil society representatives,
experts, academicians, JCILPS representatives etc (2) holding a State Seminar
for 4-5 days where legal experts, civil society representatives, prominent
citizens, academicians, women representatives, JCILPS are very appropriate and
should be carried out without further delay Shri Th. Chaoba Singh, President
BJP may be given the president ship of the drafting committee. The Drafting
Committee may invite suggestions in writing from the people within a limited
time. If he is given president ship of the drafting committee, it becomes his
responsibility to translate it into action.
Engaging a recognized constitutional experts in India will ensure
validity, authenticity of the draft and enhance acceptability of the Bill by
the Government of India.
The State Government may seriously consider engaging a recognized
constitutional experts in India like Ram Jethmalani, Harish Salve, Dr. Subhash
C. Kashyap, Madhav Khosla etc to guide the drafting committee . The Government
of India will respect and take seriously the views of these Constitutional
experts. This simple step will enhance authenticity of the draft and the
acceptability of the Bill by the Government of India. The report of the
Drafting committee should bear the signature and seal of the recognised
Constitutional Expert as a Consultant.
Holding a PUBLIC HEARING will ensure mass participation while
preparing the draft bill
One of the Civil Societies (UCM, AMUCO) may be given the
responsibility of organising a public hearing in collaboration with other
prominent civil societies for 2-3 days by making open invitation of about
2000-3000 people at BOAT to solicit the views of the common people and
submission of report to the President of the Drafting Committee.
Getting Assent of the Governor of Manipur
After observing the actions of His Excellency, the Governor of
Manipur in case of “Manipur Regulation of Visitors, Tenants & Migrant
Workers Bill, 2015” , we may anticipate that even if the Manipur State Assembly
passed a perfect Bill in fulfillment of the demands of the JCLPS and the wishes
of the people incorporating all the essential features, the Governor of Manipur
, in all probabilities is likely to refer the Bill to the President of India
under Article 201 of the Indian Constitution. My fear is that the President of
India may reject the Bill as unconstitutional. We should not forget the
comments of and experience with Mr. Sushil Kumar Sinde, the then Union Home
Minister, who is reported to have said, “Our Constitution will not allow such
things. Any sensible person who believes in the Constitution will not pass such
a bill.” Although he is a member of the INC, no Congress leader in Manipur has
got the guts and courage to question Mr. Sushil Kumar Sinde. How can Mr. Sinde
say that a regulation which is in force in Arunachal, Nagaland, Mizoram be
termed as “unconstitutional”.
Getting Assent of the President of India
His Excellency, the President of India may require to be briefed
about the need for implementation of the Inner Line Permit System in Manipur to
correct the population imbalance and to protect the indigenous people (natives)
of Manipur so as to enable him to give the assent. For this, we need to work in
unity irrespective political difference in the greater interest of the people.
Just after sending the Bill to the Governor of Manipur , the
Presidents and their team of political parties of Bharatiya Janata Party 282
MPs), Indian National Congress( 44 MPs), All India Trinamool Congress (34 MPs)
, Communist Party of India (Marxist) (9 MPs) Nationalist Congress Party (NCP)
(6 MPs) should leave Imphal immediately and camped at Delhi to do a lot of
advocacy and lobbying with the Central Political Leaders to get the assent of
the president.
Mr. Th. Chaoba Singh, President of BJP, Manipur with long years of
experience enjoying the confidence of Shri Narendra Modi , Prime Minister of
India and his team should stay in Delhi and convince the Union Home Minister,
the Prime Minister, BJP President and the President of India till the President
of India signs the Assent. He should not try to shrug off his responsibility on
some excuses and political difference. He and his team should not come back to
Manipur till the President give his assent. Similarly. all the presidents ,
secretaries of the , Indian National Congress, All India Trinamool Congress,
Communist Party of India, Nationalist Congress Party (NCP) should leave Manipur
and camped in Delhi to advocate and lobby with the national party leaders till
the assent of the President is obtained . If they failed to achieve this
mission, the people may resort to many unwanted events including ban of
national political parties in Manipur etc. We do not want to repeat the
mistakes of 18 June,2001.
What to do if the President of India reject to give assent to the
New Bill
A single team of Manipur under the leadership of Shri O. Ibobi
Sngh, Chief Minister of Manipur assisted by Shri Th. Chaoba Singh, President,
BJP, presidents , Secretaries of All India Trinamool Congress, NCP and CPI,
civil society representatives, constitutional Experts should meet the Union
Home Minister, Prime Minister , President of India, Sonia Gandhi, Rahul Gandhi
. All appointments with national leaders should be fixed while they are still
in Imphal. Let us shed our ego, pride and arrogance for the sake of people. We
may request His Excellency, the Governor of Manipur to work in greater interest
of Manipur and meet the national leaders separately. I feel that there is no
need for his Excellency to come back to Manipur without fulfilling the wishes
of the people.
If the Home Minister , Prime Minister and the President are
hell-bent on rejecting the bill, we should exact a promise to support our
proposal for amendment of the constitution of India. We may warn them that if
they reject all our demands, then there may be burning of Manipur and
responsibility should lie with the Government of India.
Demands for Constitutional Amendments
We should have the
courage to tell the central leaders that the Government of India has already
committed a series of blunders to the people in Manipur during 1949-2001.
Referring to the statement of G.K. Pillai, the then Union Home Secretary, which
was published on 27 September, 2011 in the Telegraph newspaper, we can say that
“ the ancient kingdom of Manipur had a constitution even before India wrote her
own and democracy was introduced in Manipur well before India became a
democratic country. But Manipur was reduced to a C-category state under the
Indian Constitution in 1948. Nagaland was granted Statehood from a village
republic in 1963 while Manipur with a proud history of more than 2000 years was
granted statehood only in 1972. This blunder of the Government of India has
resulted in creating insurgency problem in Manipur. The existing Article 371C
of the Indian Constitution is found to be extremely discriminatory and the
source of all communal conflicts in Manipur which needs to be amended.
The people of Manipur feel that that the Indian Constitution was imposed on
Manipur without ratification. Manipur did not participate in the Indian
Constitutional debate held during 9th december,1946 to 24th January ,1950. It
was never ratified by the then Manipur State Assembly. Manipur has never asked
the Government of India for constitutional amendment during the last 65 years.
The Government of India is offering constitutional amendment just o satisfy
Muivah, the General Secretary of NSCN-IM whereas we do not have the courage to
ask for constitutional amendments.. We strongly feel that only after
constitutional amendment, Manipur will be able to bring about communal harmony,
unity, equality and solidarity among all ethnic groups of Manipur and achieve
peace and development in Manipur. We can further mention that we, the people of
Manipur request the Home Minister , Prime Minister, the President of India to
find a permanent cure to these past blunders in Manipur and consider amendment
of the Indian Constitution. We can not ask for constitutional amendment off and
on. Some civil societies are working on “ Territorial Integrity:, some others
are working on “ Schedule Tribe Demand “ while JCILPS is working on “ Inner
Line Permt System”. All these demands require constitutional amendments.
Surprisingly, they never ask for constitutional amendments. Further there are
many core issues of Manipur which need constitutional amendments. Considering
all these points, our demands for constitutional amendments may include the following
:-
Main features of Constitutional Amendments
1. The Article 3 of Indian Constitution regarding alteration of
state boundaries shall not apply in respect of Manipur to protect the 2000 year
old territorial integrity of Manipur. The last experience of Telengana State
formation with the blessings of Sonia Gandhi bypassing the state assembly was a
very bad example.
2. The Union List and Concurrent list under the Indian
Constitution pertaining to Manipur shall be taken up by the Government of India
only with the concurrence of the State Legislative Assembly
3. Since 90% of Manipur is hill area, Manipur may be declared as a
Hill State
4. All the ethnic groups in Manipur may be brought under an
uniform land laws
5. Any person from other states of India will be allowed to
purchase lands only with the approval of the State Government to protect the
indigenous people of Manipur.
6. Any person from other states of India shall need an “Inner Line
Permit” to enter Manipur on payment of nominal fees to protect the identity,
culture, traditions, language, script of the Manipuris . Manipur welcomes all
people from other states to visit Manipur . This will have retrospective effect
since 18 November, 1950.
7. The Constitution should provide establishment of an upper house
(Legislative Council) with a minimum of 40 members with 10 seats reserved for
nomination.
8. The Number of Rajya Sabha MPs should be increased to seven (7)
on the basis of equal representation of states as done in USA and other
countries. Large and small states should be treated at par in the Rajya Sabha
or Council of States.
9. The followers of Pakhangba –Sanamahi religion may be included
under “ Scheduled Tribe category” of the Indian Constitution to restore
equality among the ethnic groups.
10. The Manipuri script ( Meitei Mayek) should be included in the
coins and currency bank notes
If the Home Minister, Prime Minister, the President of India fails
to assure the constitutional amendment within a time frame even up to the last
moment, the JCILPS in collaboration with other civil societies may launch a
more serious, more severe, more intensive mass movement with the people of
Manipur including non-cooperation , civil disobedience to achieve our goal. Our
Political Leaders may take this single agenda issue with the Central Leaders.
Our Chief Ministers with his MLAs and thousands of volunteers may launch a
Dharna at the Jantar Mantar till the demand is given.
(The writer can be reached at- Khomdon.lisam@yahoo.com)
27-Jul-2015 / IFP Articles / 0 Comments
