Sunday, September 29, 2024
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Influx Control: A Second Option – Part 1

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By Toki Blah

“The Comprehensive Permanent ID Card seeks in a single stroke to restore the legitimate rights and residential status of genuine Non Tribal residents of Meghalaya who for no fault of their own, have for quite some time become apprehensive of their future in the state.”
The demand to take action on the unabated influx of outsiders into the state of Meghalaya stands unresolved. The ILP demand is ongoing but from all indications Central nod to the ILP is bleak. This can however lead to future agitations in the state where the ordinary people will suffer and the state continues to slide backwards in all spheres. Everyone is concerned about a viable, workable influx control mechanism and here we are stuck over a quibble about the ILP ! The ILP is not the issue. We need to be truthful with ourselves. The issue before us is the absence of a viable workable Influx Control Mechanism. Under the present circumstances we all face the distinct possibility of another round of a rapid breakdown of law and order; of being locked in further stalemate; of going into a tailspin on an issue which seems has no solution in sight. So how do we get out of this mess?
Based on the above, an alternate influx control option, appropriate with the needs of our times, is called for. On offer for serious consideration is the Comprehensive 3 Tier ID Card system. It is being offered as a solution to a local problem. It is being offered as the best alternative because the solution will be (a) participatory in nature – meaning thereby that the concerned common man, his grassroot traditional institutions ( the Durbars), Civil Society and concerned NGOs of the state together with the Government will work in tandem in the best interests of the state and its people. Checking and controlling influx will no longer be left in the hands of Government employees who can be bought (b) monitoring of implementation will be through a 24 x 7 automatic social audit mechanism inbuilt within the scheme. It will be done by people themselves on a 24×7 basis with no opportunity for a blunder. (c) because onus of ID status shall lie with the applicant and not with the state ( This is where the Assamese missed out on the excellent terms they got through the Assam Accord) (d) It is being proposed as a solution from the local perspective because New Delhi is totally devoid and clueless of any viable and workable ideas on how to deal with the problem.(e) It is being offered based on the Constitution of India’s special provisions for these areas; Art 19 (1) (d) of the Constitution and because of a precedence made in the Assam Accord of the 80’s .
The Comprehensive Three Tier ID Card system as a viable influx control mechanism shall depend primarily on public participation. It is therefore crucial for the citizens of Meghalaya to understand their respective roles in such participation. These roles shall revolve round the nature and composition of the ID card, irrespective of its colour and the status it denotes its holder. Each card in the system shall resemble an ordinary debit or credit card which most of our citizens are by now familiar with. State- of –the- art micro chip biometric technology will be employed to ensure that details of the card holder can easily be displayed at the touch of a button, making the system as transparent as it can be. It shall also be ensured that every category of card is tamper proof. There shall be three categories of ID cards (i) the Permanent ID card (ii) the Semi Permanent ID card and ( iii) the Temporary ID Card, each category distinctive in its own respective colour. Each type of card shall have a stand alone profile i.e one category of ID card cannot be converted into another category. This means that under no circumstances can a temporary or a semi permanent card holder eventually become a permanent ID card holder.
1. Permanent Resident Status ( Green)
At the top of the Comprehensive 3 Tier ID Card system is the ID Card for all permanent residents of the state. These will consist of all indigenous Tribals of Meghalaya together with other Tribals and Non Tribals. The latter two will be identified on the basis of a cut-off year, to be decided ( 1972 , year of Meghalaya statehood would be best) and all who were residents of Meghalaya and their descendants before such a year are to be conferred Permanent Resident status of the state. Permanent Resident status not withstanding, local Laws (Land transfer act, trading licence, reservation policy etc) applicable for all Non Tribals and Non Indigenous Tribals residing in Meghalaya shall apply and be enforced. With reference to the cut-off year mentioned above, lessons from the Assam Accord should be kept in mind. Assam made the mistake of agreeing that the onus of establishing the status of a genuine citizen based on a reference year would lie with the Government. This undermined the whole intention of the Accord incapacitating through inordinate legal delays the Assam Govt from identifying and deporting any meaningful numbers of illegal migrants. We should not fall into such a trap. In our proposal, proof of pre cut off year residency, to qualify for Permanent ID status, shall be the responsibility of the applicant. This is non- negotiable.
Permanent ID Card status entitles the holder with all the rights and privileges of a genuine resident of Meghalaya subject to the provisos mentioned above
Identification of all persons falling under this category will be done by the local Durbar in Council. The word “Durbar in Council” is specially mentioned as it will prevent misuse of power by any single individual at the Durbar level. It is however recognized that in certain places, such as the coal mining areas or areas in Shillong such as Jhalupara, Jail road, Pynthorbah etc, even Durbars in Council may not be free from the influence of vested interests. In such areas, the direct involvement of District Administration in the identification process, operating under strict guidelines, may be necessary. The Comprehensive Permanent ID Card seeks in a single stroke to restore the legitimate rights and residential status of genuine Non Tribal residents of Meghalaya who for no fault of their own, have for quite some time become apprehensive of their future in the state. At the same time it seeks to placate the indigenous Tribals on the identity of others who have an equally genuine interest in the development of Meghalaya and its people. After identification of all persons falling under this category is completed, such records (a copy which shall be retained with the dorbar) shall be forwarded by the dorbar with its recommendation to the concerned DC, who shall then proceed to store the same in his District server, which in turn is electronically linked to all the blocks, other District HQs and the main Hub at the Secretariat in Shillong. Details of all permanent residents of Meghalaya will therefore be available at different levels of the administration.
The DC shall then process, compile and issue such cards based on the recommendations of the dorbar; sent the same back to the concerned dorbar who shall then proceed to disburse the same to the entitled holders.
b. Semi Permanent
Resident Status (Yellow)
Next is the Semi Permanent Comprehensive ID Card or Work Permit for technical and skilled non Permanent residents of Meghalaya. It has to be recognized that the state has enormous potential for coming up with a dynamic and viable economic resurgence. Quality Education, World Class Health Care, IT related activities together with Tourism are four potential areas that immediately come to mind. Students availing of our higher educational institutions, their teachers, doctors etc are potential Semi Permanent ID Card seekers. There are other areas of Development too where there will be need for a sustained inflow of technology and expertise, which might not be readily or locally available. We most probably shall need non local technical expertise to kick start any Economic Vision that we may have. We need to invite experts from outside, people who will contribute to the development of the state and we need to ensure that they do stay for a relative period of time and in relative comfort and security for them and their families. Such people will need places to stay; Institutions to work in; schools and collages for educating their children; ration cards to sustain themselves etc. As a state we welcome up gradation of knowledge and technology. We welcome those who are prepared to come and endow Meghalaya with these assets. The proposed Semi – Permanent ID Card is for such a category of people. Their entry as Semi Permanent residents can be endorsed by the Institution they intend to work for, stating the anticipated period of stay and the Govt shall then issue the necessary Semi Permanent ID Card.
The DC of any district shall be the issuing authority for this category of cards
( to be continued in Part II)

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