(TSP)
A registered
political party with the Election Commission of India
(Registration
No.56/199/2015-17/PPS-I)
Address:-
Old kalibari Road, Krishnanagr
Agartala-799001.
Email: tipraland2015@gmail.com
936588346
Date:- 04 -01-2018.
To
The Honourable Prime Minister of India
New Delhi.
MEMORANDUM
On
Statehood of
TTAAC
Respected
Sir,
We
are demanding elevation of Tripura
Tribal Areas Autonomous District Council (TTAADC) to Tipraland State under
Article 3 of the Constitution of India for the historic reasons of the
partition in 1947 that the indigenous people (include 19 tribes) were majority
before Tripura merged on 15th October, 1949 with India attained
independence on 15th August, 1947 AD but have been reduced in to
microscopic minority due to influx of refugees from East Pakistan (erstwhile
East Bengal) which is presently Bangladesh.
2.
The princely independent Tripura State ruled by 184 Kings before merger with
India on 15th October, 1949 AD; and was never under the British Rule
even though when India was under the British rule for about 200(two hundred)
years. Accordingly, there was signing of two agreements; known as Accession Agreement and Merger Agreement which were signed between the Maharani Kanchan Prabha Devi, Maharani Regent of Tripura and the
Governor-General of India on 13th September, 1947 and 9th
October, 1949 respectively. The State of Tripura became part of Indian
Dominion by dint of signing two agreements; namely, Instrument of Accession, dated 13-08-1947
and Agreement of Merger, dated 09-10-1949 by Kanchan Prabha Devi, Maharani Regent of Tripura and Louis Mountbaten, Governor-General of India.
3. After such
merger of Tripura State with India; at no point of time; the host population of
the tribes had ever requested the Government of India to implement the executive
provisions of the para 5, 6, 7, 8 and
the SCHEDULE thereof in relation to the matters with respect to which the
Dominion Legislature may make laws for Tripura State as had been laid down in
the Tripura Accession Agreement, 1947 without prior approval of then ruler.
We demand humbly to your honour to kindly implement the said provisions of the
Tripura Accession Agreement, 1947 which is still enforceable and are binding
upon the both parties signing the said Agreement. A copy of the Accession
Agreement, 1947 and the Merger Agreement are enclosed herewith at ANNEXURE-A.
4.
The reservation of 2160 square miles (i.e 5,335 square kilometers) of land for
Tripura, Noatia, Jamatia, Riang and Halam was made by Maharaja Bir Bikram
Manikya in two spells (i) in 1931 (Vide Memo No.49 dated 20-05-1341 T.E) and (ii) in 1943 (Vide Memo No. 325, dated 1st
Aswin 1353 T.E) was therefore repealed
in 1974 in order to validate provisions of the Tripura Land Revenue and Land Reforms
Act, 1960 and to facilitate rehabilitation refugees from East Pakistan
sheltered in Tripura. It is illegal.
5. It may kindly
be noted that original population in Tripura was majority prior to merger with
India. After the merger, lakhs of refugees from East Pakistan had to be
sheltered in Tripura. As a result, the host population was submerged by the
refugees and reduced in to minority by the end of the first post independence Census in 1951 itself. According to it, the total population in
Tripura was 654,707 (inclusive of
279,304 refugees) & 375,303 without refugees (STs:237,953 &
Others:137,350). It is also noteworthy that no other host population of any other Indian
States other than Tripura State had suffered from such population invasion
reducing them in to minority within a period of 2(two) years 3(three) months
from the day of merger with India. Since then the host population, the
tribes in Tripura has been on the decline and the population of the
Bangladeshis is on the rise. It should also kindly be noted that the Census in
1951 could not be carried out in the interior far flung hilly areas in the
State. Therefore, the percentage of the host population should actually be more
than what it had been reflected in the Census in 1951. The inflow of refugees was in terms of lakhs
in Tripura and the same continued till now.
6. Tripura is a
tiny State with 10,497 square kilometers yet it had sheltered 609,998 refugees
from East Pakistan between 1947 to 1971.
25th March, 1971 was the cut off date as per Indira-Mujib Pact; it
may presumed legally or illegally whatsoever from erstwhile presently
Bangladesh (erstwhile East Pakistan). In practice, it is not so. It has never
been so. There has been incessant illegal immigration in to Tripura every day.
Perhaps, there can not be any form of barrier that can completely prevent
infiltration of Bangladeshis in to this State.
An all party meeting
was organized by the Government of
Tripura on this issues held on
February 26, 1992. It was just a year after the population census in 1991
concluded. The representative on behalf of the then opposition Party CPIM’s
State Secretary Shri Manik Sarkar submitted a written statement in the said meeting.
The points; inter-alia in the said statement on in view of the population of
tribes was 23% in the State; the illegal intruders should be confined in a camp
and be deported; intrusion of illegal Bangladeshis in TTAADC areas should be
prevented in order that the population of tribes was not reduced; and Inner
line Permit should be introduced in TTAADC.
7.
In 1994, some 135,000 illegal voters were detected in Tripura by the
Election Commission of India who were certainly Bangladeshis; it has
been estimated 800,000 Bangladeshis were
there in the State by 1998; and another
estimated 324,500 Bangladeshis’ present by 2001 (Source:- “Issues, Challenges & Development” by Shri Minal Kanti Deb
and Dr. Arabindo Mahato in the National Seminar on held on September 11-12, 2015; organized by
Rajiv Gandhi University Research Scholars Forum in collaboration with
Department of Political Science, RGU and published by the Authors Press: ISBN
978-93-5207-161-6: Q-2A Hauz Khas
Enclave, New Delhi-1100016.); and 148,000
illegal voters were detected by the Election Commission of India in 2012 & in
2012 before the General Election to the Tripura Legislative Assembly-2013 and
the Joint Secretary to the Election Commission of India on having supervised on
the issue declared that these were fake Bangladeshi voters who would be deleted
from the electoral roll. (“Syandan
Patrika” on 09-05-2017). There is no action against them till date. Besides, 65,000 Bangladeshis were given Indian
Citizenship Kit which has Permanent Resident of Tripura Certificate(PRTC),
Ration Card and Voters ID Card in just Rs. 35000INR; Source:-Tripurainfoway,
Agartala; dated 19th February, 2016.
8. The State of
Tripura Administration was authorized by the Government of India in the
Ministry of States or Ministry of Home Affairs to issue Registration
Certificates to the refugees sheltered in Tripura and the Government of Tripura
authorized the District & Collectors and subsequently to the Sub-Divisional
Officers or Sub-Divisional Magistrates to issue India Citizenship certificates
to the refugees as well as to the host citizens till the time the Government of
India in Ministry of Home Affairs, Jasalmer House, 26 Mansing Road, New
Delhi-110003 wrote a D.O letter addressed to the Chief Secretary, Government of
Tripura vide No.D.O.No.26030/10/2005-ICI, dt.28th March, 2005; which
stated that there was no provision in the Citizenship Act,1955 for the issue of
citizenship certificates by the State Government. The said D.O letter further
said that authority had been delegated to certain officers of Gujrat and
Rajasthan for granting citizenship certificates to those who had been displaced
from Pakistan and for a limited period up to 28.02.2006 to deal with large
number of such pending cases and the Ministry of Home Affairs further stated
that the State Governments do not have any such authority to issue such
certificate to any individual; and asked the Chief Secretary, Government of
Tripura; if Tripura state followed such practice of grant of citizenship
certificate should be stopped forthwith.
9. We are sure
that Tripura State Administration shall categorically deny the presence of a
single illegal immigrants in the State. From the above, the trend in increasing
illegal immigration from neighboring country Bangladesh is a grave concern for
us and so should be for all Indians in the interest of our national security.
Today, the menace of illegal immigration is certainly a national issue.
Apparently, it seemed to be affecting the host population of Tripura but it
should be cause of concern for our
nation too.
10. It is the
goodness of Maharaja of Tripura to wish to merge his Tripura State and his
subjects with India. To this tune, the Government of India and Tripura State represented
by the Governor-General of India and Maharani Regent respectively signed two
agreements, viz; the Agreement of Accession and the Merger Agreement on
13-08-1947 and 09-10-1949 respectively. It may also kindly be noted that
although the Constitution of India was in the making when Tripura State was
preparing to accede in to and merge with India; it was being drafted under the
Chairmanship of Dr. B . R . Ambedkar which was finally dedicated to the nation
on 26th January, 1950. Unfortunately, nobody was made representative
on behalf of the people of Tripura State in the Drafting Committee on the
Constitution of India. Therefore, Tripura State merged with any special
condition as to how the tribes (host population) could be protected in the said
Agreement of Accession and merger of Agreement.
11. The
Government of India in the Ministry of Home affairs resorted to 49th
amendment to the Constitution of India to grant the provision of the Sixth
Schedule to the Constitution of India which is known as the Tripura Tribal Areas Autonomous District
Council(TTAADC) in 1984 and giving effect from 1st April, 1985.
The TTAADC has not succeeded to meet the aspiration and expectation of the
people of tribes in the State as it could not fulfill aspiration of the tribes’
people in respect of socio-economic uplifts; rights on land and political
rights etc. The occupation of land
without encroaching on others land even though not recorded in the official
record of the government during the rule of Maharajas was given the rights
occupy on it. They were not simply asked to vacate the land; this was not done
even during the rule of the then His Highness Maharajas of Tripura State.
12. The population of Tribes in Tripura
should not be less than 93%. In the words of Dr. Ashok Kapur, “…….., whereas
Tripura had witness demographic inversion. The tribal population of Tripura,
which was 93 percent in 1947 has been reduced to a minority of 23% of its 3.19
million population today. The changing demographic balance, economic pressures
and awareness resulted in tribal resentment, which grew with the unabated
influx of migrants. It is difficult to assess the quantum of immigration since
no such data is available; ………the decadal growth birth rate indicates the
maximum influx has taken place in to Tripura after 1950 which will evident from
data given as under:-
Census Year
|
Tribal Population
|
Others
|
Decadal Growth rate
|
Tribal
|
Other
|
1951*
|
237953
|
367297
|
(-)7.41
|
43.46
|
1961
|
360070
|
662210
|
51.32
|
80.29
|
1971
|
450544
|
912938
|
25.13
|
37.86
|
1981
|
583920
|
1158754
|
29.60
|
25.37
|
1991
|
853345
|
1452744
|
46.14
|
25.37
|
2001
|
1098820
|
1991180
|
28.76
|
36.48
|
Source:- Demographic
Invasion of India from North East-Indian Defence Review by Dr. Ashok Kapur. Note:-*The
Population Census in 1951 had not been properly conducted.
We are the
victims with cascading effects of the victim refugees of the partition of India
in 1947 and Bangladesh Liberation War ending in 1971. This was the lone reason
for the tribes in Tripura to become minority within less than 2(two) years
3(three) months from the date of Tripura merged with India on 15-10-1949. The
influx of refugees from the year 1947 to 1951 was landmark demographic invasion
against the tribes in Tripura resulted reducing in to minority and it is taking
place continuously even today. There is
no other option or alternative before us but to demand for elevation of TTAADC
to a full-fledged “Tipraland” statehood within the framework and under Article
3 of the Constitution of India for the fact that the population of our tribes
will get reduced to insignificant percentage or to the state of extinction in
the next two decade or so from now. Had
there been no such enormous influx of refugees in the State of Tripura; the
present demand for Tipraland State would in no way have arisen today.
Tripura merged with Indian Union for the safeguards of its people; especially
the tribes who were majority before her merger. The tribes will extinct gradually without
safeguards under the Article 3 of the Constitution of India without the
elevation of TTAADC to a full fledged State a right of self determination.
Tripura acceded to Indian Union on 15-10-1949 for safeguards. This should be
upheld by granting an elevation of
TTAADC to a full fledged State “Tipraland” under Article 3 of the
Constitution.
The
Government of India in the Ministry of Home Affairs is committed to making
amendment to the Indian Citizenship Act, 1955 for granting citizenship to the
Hindus who are from Afganistan, Bangladesh and Pakistan and have been residing
or taking shelter illegally in different States in India. All such illegal
immigrants from Bangladesh will be sheltered in the State of Tripura and it
would simply aggravate the problems we are facing. Hence, we demand “Tipraland”
and continue so until your goodness would come forward for our safety.
SUMMARY
1. There
was enormous refugees influx From Bangladesh in to Tripura; the host population
of tribes is threatened to extinct as
reduced in to minority by the end of 1951 Census. The refugees influx occurred from 1947 to 1971;
but illegal migration has been taking place thereafter and even today.
2. 2. Now,
Tripura is a corridor of illegal migration affecting all other N.E India States
. In India, no other States other than
the host population of Tripura was outnumbered by refugees influx from
East Pakistan, i.e presently Bangladesh. This is a demographic invasion that
paralyzed host population in all respect today.
3. 3. Tripura
Tribal Areas Autonomous District Council(TTAADC) under Sixth Schedule of the
Constitution has failed miserably to
meet the aspiration in respect of
socio-economic uplifts; to protect land right and political rights.
4. 3. The
TTAADC should be elevated to a full fledged “Tipraland” State under Article 3
of the Constitution in the light of the paras-5, 6, 7 and 8 of the Tripura Accession
Agreement, 1947 to prevent the tribes population from further reducing in to
insignificant percentage and face extinction.
Yours faithfully
Enclo:-As Stated.
Sd/-
C . R . Debbarma,
President, TSP
Sd/-
Gurupada Debbarma,
General Secretary, TSP
Sd/-
Sonacharan Debbarma,
Vice-President, TSP
THE ENCLOSURE ANNEXURE-A IS GIVEN
TRIPURA MERGER AGREEMENT,1949
AGREEMENT made this the
fifteenth day of September, 1949, between the General-Governor of India and His
Highness Maharaja of Tripura.
WHERAS in the best interests of the State of Tripura
as well as of the Dominion of India it is desirable to provide for the
administration of the said State by or under the authority of the Dominion
Government:
It is hereby agreed as follows:-
Article I
The Maharaja of Tripura hereby cedes to the
Dominion Government full and exclusive authority, jurisdiction and powers for
and in relation to the governance of the State and agrees to transfer the
administration of the State to the Dominion Government on the fifteenth day of
October, 1949 (hereinafter referred to as ‘the said day’)
As from the said day the Dominion Government
will be competent to exercise the said powers, autonomy and jurisdiction in
such manner and through such agency as it may think it.
Article II
The Maharaja shall with effect from the said
day be entitled to receive from the revenues of the State annually for his
privy purse the sum of Rupees three lakh and thirty thousand only free of
taxes. This amount is intended to cover all the expenses of the Ruler and his
family, including expenses on account of his personal staff, maintenance of his
residences, marriages and other ceremonies, etc., and will neither be increased
nor reduced for any reason whatsoever.
This said sum may be drawn by the Maharaja in
four equal installments in advance at the beginning of each quarter from the
State Treasury or at such other treasury as may be specified by the Government
of India.
Article III
The Maharaja shall be entitled to the full
ownership, use and enjoyment of all private properties (as distinct from State
properties) belonging to him on the date of this agreement. The Maharaja will
furnish to the Dominion Government before 10th October, 1949, an inventory of
all immovable properties, securities and cash balances held by him as such
property. If any dispute arises as to whether any item of property is private
property of the Maharaja or State property it shall be referred to a judicial
Officer qualified to be appointed as High Court Judge, and the decision of that
Officer shall be final and binding on both parties.
Article IV
The Maharaja shall be entitled to all the
personal rights, privileges, immunities and dignities enjoyed by him as the
Ruler of Tripura, whether within or without the State, immediately before 15th
August, 1947.
Article V
All the members of the Maharaja’s family
including Her Highness the Rajmata shall be entitled to all the personal
privileges, dignities and titles enjoyed by them, whether within or without the
State, immediately before 15th August, 1947.
Article VI
The Dominion Government guarantees the
succession, according to law and custom, to the gaddi of the State and to the
Maharaja’s personal rights, privileges, dignities and titles.
Article VII
No enquiry shall be made by or under the
authority of the Government of India, and no proceedings shall lie in any Court
of Tripura, against His Highness the Maharaja or otherwise, in respect of
anything done or omitted to be done by them under their authority during the
period of the Regency administration of the State.
Article VIII
1) The Government of India hereby guarantees
either in continuance in the service of the permanent members of the Public
Services of Tripura on conditions which will be no less advantageous than those
on which they were serving before the date on which the administration of
Tripura is made over to the Government of India or the payment of reasonable
compensation.
2) The Government of India further guarantees
the continuance of pensions and leave salaries sanctioned by the Government of
Highness the Maharaja to the members of the Public Services of the State who
have retired or proceeded on leave preparatory to retirement, before date on
which the administration of Tripura is made over to the Government of India.
Article IX
Except with the previous sanction of the
Government of India, no proceedings, civil or criminal, shall be instituted
against any person in respect of any act done or purporting to be done in the
execution of his duties as a servant of the State before the day on which the
administration is made over to the Government of India.
In confirmation whereof Mr. Vapal Pangunni,
Advisor to the Government of India in the Ministry of States, appends his
signature on behalf of and with authority of the Governor-General of India and
Her Highness Maharani Kanchan Prabha Devi, Maharani Regent of Tripura, has
appended her signature on behalf of His Highness Maharaja Manikya Kirit Bikram
Kishore Dev Barman Bahadur, the minor Ruler of Tripura, his heirs and
successors.
Sd/-
Dated, New Delhi, KANCHAN
PRABHA DEVI
the 9th Sep, 1949. Maharani
Regent, Tripura State
Sd/- V.P. MENON,
Advisor
to the Government of India
Ministry of States
INSTRUMENT OF ACCESSION
WHERAS, the Indian Independence
Act, 1947 provides that as from the fifteenth day of August, 1947 there shall
be set up an Independence Dominion known as INDIA, and the Government of India
Act, 1935 shall with such omissions, additions, adaptations and modification as
the Governor-General may, by order, specify, be applicable to the Dominion of
India;
AND WHEREAS, the Government of
India Act, 1935 as so adapted by the Governor-General provides that an Indian
State may accede to the Dominion of India by an Instrument of Accession executed
by the Ruler thereof;
NOW, THEREFORE, I, Kanchan Prabha
Devi, Maharani Regent of Tripura State in exercise of my sovereignty in and
over my said State do execute this my Instrument of Accession and
1. I hereby declare that I accede to the Dominion of India with
the intent that the Governor-General of India, the Dominion Legislature, the
Federal Court and other Dominion authority established for the purposes of the
Dominion shall, by virtue of this my Instrument of Accession but subject always
to the term thereof, and for the purposes only of the Dominion exercise in
relation to the State of TRIPURA ( hereinafter referred to as 'the State') such
functions as may be vested in them by or under the Government of India Act,
1935, as in force in the Dominion of India on the 15th day of August, 1947
(which Act as so in force is hereinafter referred to as 'the Act'), and I
further declare that the Dominion of India may, through such agency or agencies
and in such manner, as it thinks fit, exercise in relation to the
administration of civil and criminal justice in the State all such powers,
authorities and jurisdiction as were at any time exercisable by His Majesty's
representative for the exercise of the functions of the Crown in its relations
with Indian States.
2. I hereby assume the obligation of ensuring that due to effect
is given to the provisions of the Act within this State so far they are
applicable wherein by virtue of this my Instrument of Accession.
3. Without prejudice to the provisions of paragraph 1, I accept
the matters specified in the Scheduled hereto as the matters with respect to
which the Dominion Legislature may make laws for this State.
4. I hereby declare that I accede to the Dominion of India on
the assurance that if an agreement is made between the Governor-General and the
Ruler of this State whereby any function in relation to the administration in
this State of any law of Dominion Legislature shall be exercised by the Ruler
of this state, then any such agreement shall be deemed to form part of this
Instrument and shall construed and have effect accordingly.
5. The term of this my Instrument of Accession shall not be
varied by any amendment of the Act or of the Indian Independenct Act, 1947,
unless such amendment is accepted by me by an Instrument supplementary to this
Instrument.
6. Nothing in this Instrument shall empower the Dominion
Legislature to make any law for this State authorising the compulsory
acquisition of land for any purpose of a Dominion law which applies in this
State deem it necessary to acquire any land, I will at their request acquire
the land at their expense or if the land belongs to me transfer it to them on
such terms as may be agreed, or in default of agreement, determined by any
arbitrator to be appointed by the Chief Justice of Delhi.
7. Nothing in this Instrument shall be deemed to commit me in
any way to acceptance of any future Constitution of India or to fetter my
discretion to enter in to arrangement with the Government of India under any
such future Constitution.
8. Nothing in this Instrument affects the continuance of my
sovereignty in and over this State, or save as provided by or under this
Instrument, the exercise of any powers, authority and rights now enjoyed by me
as Ruler of this State or the validity of any law at present in force in this
State.
9. I hereby declare and execute this Instrument on behalf of
this State and that any reference in this Instrument to or to the Ruler of the
State is to be construed as including a reference to my heirs and successors.
Given under my hand this 13th day of August, Nineteen hendred
and forty-seven.
Sd/-Maharani Kanchan Prabha Devi
Maharani Regent of Tripura
I do hereby accept this Instrument of Accession, dated this 13th
day of August, Nineteen hundred and forty-seven.
Sd/- Louis Mountbaten
Governor-General of India
SCHEDULE
The matter with respect to which the Dominion Legislature may
make laws for this State
A. DEFENCE
1. The naval, military and air force of the Dominion and any
other armed forces or maintained by the Dominion . any armed forces, including
forces raised or maintained by an Acceding State, which are attached to, or
operating with, any of the armed forces of the Dominion.
2. Naval, military and air force works, administration of
cantonment areas.
3. Arms, Fire-arms, ammunition.
4. Explosives.
B. EXTERNAL AFFAIRS
1. External affairs, the implementing of treaties and agreements
with other countries, including the surrender of criminals and accused persons
to the parts of His Majesty's Dominion outside India.
2. Administration in to, and emigration and expulsion from,
India, including in relation thereto the regulation of the movements in India
or persons who are not British subjects domiciled in India or subjects of any
acceding State, pilgrimages to places beyond India.
3. Naturalization.
C. COMMUNICATION
1. Posts and Telegraphs, including telephone, wireless
broadcasting and other like forms of communication.
2. Federal railway, the regulation of all railways other than
minor railways in respect of safety, maximum and minimum rates and fares,
station and service terminal changes, interchange of traffic and the
responsibility of railway administrations as carriers of goods and passengers,
the regulation of minor railways in respect of safety and responsibility of the
administration of such railways as carriers of goods and passengers.
3. Marine shipping and navigation, including shipping and
navigation on tidal waters, admiralty jurisdiction.
4. Port quarantine.
5. Major ports, that is to say, the declaration and
administration of the ports, and constitution and powers of port authorities
therein.
6. Aircraft and air navigation, the provision of aerodromes
regulation and organisation of air traffic and aerodromes.
7. Light houses, including lightships, beacons and other
provisions for the safety of shipping and aircraft.
8. Carriage of passengers and goods by sea or by air.
9. Extension of the powers and jurisdiction of members of the
police force belonging to any unit to railway area outside that unit.
D. ANCILLARY
1. Election to the Dominion Legislature, subject to the
provisions of the Act and of any order made thereunder.
2. Offence against laws with respect any of the aforesaid
matters.
3. Inquiries and statisics for the purpose of any of the
aforesaid matters.
4. Jurisdiction and powers of all courts with respect to any of
the aforesaid matters, but except with the consent of the Ruler of the acceding
State, not so as to confer any jurisdiction and powers upon any court or courts
ordinarily exercising jurisdiction in or in relation to the State.
Source:-"Tripura Tenancy and
Land Laws" First Edition - 2016 authored by Subhendu Dasgupta, B.A, L.L.B
and forwarded by Mr. Justice Subhasis Talapatra, High Court of Tripura,
Agartala.
Remarks of the Prime Minister:- "I will study it in depth and look in to it and continue to pursue it; let us work together and find out some solutions to it
