Assam land law clubs Bangladeshi, East Bengal origin people with indigenous Assamese

Guwahati: Upamanyu Hazarika Convenor of NGO Prabajan Virodhi Manch (PVM) said that state Assembly has adopted the Assam Land Revenue Regulation Amendment, 2026, the net effect of which is to club Bangladeshi and those of East Bengal origin with indigenous Assamese as one category named as ‘original inhabitant’.

PVM stated the other effect is that it nullifies the purpose for which it is enacted, namely the protection of encroached Satra Land, as by categorising persons of Bangladeshi origin being eligible to settle in and around Satras, their eviction is a non-starter.

PVM added according to Government data 15,288 bighas (around 5000 acres) is under encroachment, primarily in Barpeta and Nagoan districts. Under the Amended Land Revenue Regulation building, structures of historical or cultural significance of at least 250 years old, which is primarily Satras, are to be protected including a 5 Km radius around such structure. Such protection is in the form of defining categories of communities/ persons who can reside in this 5 Km radius. There are three categories ‘original inhabitant’, ‘indigenous ethnic community’ and ‘disadvantaged groups’ who are eligible to reside in this 5 Km radius. The ‘indigenous ethnic community’ comprises Moran, Matak, Chutia, Koch Rajbongshi and Ahom and the ‘disadvantaged group’ comprises, Advasis and other communities.


It stated the original inhabitant category includes all those who are residents for three generations continuously, prior to 2006. This definition includes Bangladeshis/ East Bengal origin persons including other indigenous communities, putting them at par with indigenous and local inhabitants, completely nullifying the purpose of the Assam agitation, the Assam Accord, Clause 6 recommendation etc. It is also the admitted stand of the government that encroachment on Satra land is by those of Bangladeshi origin, who being declared eligible to reside in the vicinity of Satras, the entire purpose of the amendment is nullified and such encroachments, by protecting the encroachers, will never be cleared.

“The other effect is that, the rules under which the NRC in Assam is updated provides for a separate category of Original Inhabitant, which has been construed by the Supreme Court to be the Tea Tribes etc, but not those of Bangladeshi and non-indigenous origin.

Clause 6 of the Assam Accord envisages protective safeguards for indigenous as by virtue of the Assam Accord and a cut-off date 25 March 1971, Assam took the burden of 23 years of illegal migrants being granted citizenships over and above that of the rest of the country. These protective safeguards are reservation in employment, land etc. As a Supreme Court Commissioner, I had in 2015 in my reports to the Supreme Court recommended reservation in land etc. for those who were residents in Assam in 1951 and their descendants. The Brahma Committee appointed by the present BJP Govt. in 2017 made similar recommendations. The Clause 6 committee appointment by the Union Home Ministry in 2020, gave detailed recommendations towards reservation in land, employment, trade etc. on the basis of 1951 as the base/ cut-off year. By giving a new definition to ‘original inhabitant’ and including those of Bangladeshi origin in such definition, the entire foreigner identification process and reservation for indigenous people has been nullified,” PVM added.

PVM said that it is only last year prior to the Assembly elections, the Chief Minister had said that Clause 6 committee recommendations would be implemented in their entirety, but nothing is evident. In fact, the present amendment nullifies such recommendations. Last year prior to the elections, a huge campaign was conducted against encroachment in forest areas and pushing back Bangladeshis across the border. According to information provided in the last session of the Assam Assembly, between 2024 and 30 June 2026, a total of 1679 Bangladeshis were deported/ pushed back. This is against an estimated 80 lakh Bangladeshis in Assam in 2016 according to the Union Home Ministry. The NRC excluded 19,65,657, a significant number being Hindus, who are protected under the CAA.

PVM said that Assam, one of the most developed states after independence, today is one of the least developed states, primary issue being the large mass of illegal migrants, on-going agitation etc. For any meaningful progress, the foreigners issue has to be resolved, the only solution being re-verification and a correct NRC, coupled with protective measures for indigenous people. This is the mandate on which the present ruling party has been elected thrice but have not delivered.