CJI Ranjan Gogoi defends NRC: SPEECH IN FULL

"People who raised objections to the National Register of Citizens (NRC) process in Assam are playing with fire as it has been a longstanding demand of the people"… backing the NRC process in Assam, Chief Justice of India Ranjan Gogoi hit out at the "armchair commentators" who "seek to present a highly distorted picture" even as they are "far removed from ground realities".

Speaking at the launch of the book "Post Colonial Assam -1947 to 2019" by Journalist and author Mrinal Talukdar held in India International Centre (IIC) in New Delhi, CJI Gogoi said that it (NRC) was "a base document for the future.

Here's the fullspeech of CJI Ranjan Gogoi

Address by Hon'ble Mr. Justice Ranjan Gogoi, Chief Justice of India On the release of book 'POST COLONIAL ASSAM (1947-2019)' By Mrinal Talukdar on 3^rd November, 2019

I am given tounderstand that, more than the Book,its author and his thoughts hold the centre-stageat a book-release function. Today, the author inour midst Mr. Mrinal Talukdaris a gentleman who is known for wearing different hats with equal ease. A senior journalist based out of Guwahati, his articles and pieces of reportagehaving been reaching the Assamese homes for years now. Mrinalis known to be equally effective inusing both the English and the Assamese language in his pieces, and his brand of investigativejournalism has brought him acclaim and earned him thetrust of his readers, through his journey of nearly three decades as amedia-person.

After about threedecades of hard work, Mrinal has emerged as a front-rank News-anchorbesides a documentary film-maker.  Infact, he has to his credit over 20 documentaries on diverse subjects.  During this period of time, Mrinal has alsoevolved into a prolific researcher and awriter of books touching issues thathave influenced contemporary socio-political history of Assam as well as of other areas in North-East India. His books on the Indo-China conflict,on the history and growth of insurgency in the North-eastern States, on theinfamous rhino-horn poaching trail of south-east Asia running fromKaziranga to Kunming, among several others, have been acclaimed aswell-researched and incisive works by him. In fact, a documentary titled'Tezpur-1962' that was based on one of his works, went on to win the NationalAward for Best Investigative Film/Documentary in the year 2016.

Those who have been reading Mrinal's books would findthat his style of writing and choice of words reflect his roots in seriousjournalism – they are fearless and high on content, and less onrhetoric. In fact, as a bi-lingual writer, Mrinal uses the grammar of thecommon man and his narratives have a distinct flow of story-telling in them.His instincts as a journalist also find expression in the 'issues' that hechooses to write –he may address a contemporary readership, but writes abouthistorical events that have either left a profound influence on contemporarydevelopments or would have invariably touched the life of every citizen. Thisrare combination of skill and instincts that Mrinal deploys in his works, havemade them not only widely accepted and acclaimed, but also made him popularacross the northeast. In fact, it is no surprise that you would find himinvited to different forums, to talk on a wide range of issues, ranging fromcontemporary social and political history of Assam to the historical backdropbehind rise of insurgencies & workers agitations.

I am not oneamongst those whom you would come across at book-launches, but I decided tojoin this one as I was truly impressed bythe idea and the project that Mrinal has beenpursuing with dogged diligence anddevotion, titled "Nanda Talukdar Social History Project" which aims, among others, atdocumenting the epoch-making post-independencedevelopments and events in Assam like the National Register of Citizens (NRC) etc that have left a mark in the socialhistory of Assam.

This Projectis a collaboration between Axom Xahitya Sabha and the Nanda TalukdarFoundation, that's named after Mrinal's father, who was an eminent literaryfigure of Assam. I am told that Mrinal launched this Foundation in 1996 topreserve and promote a collection of over 11,000 books that he inherited fromhis father.  I understand that Mrinallays credit for his passion for research and writing to this vast collection,that is now considered a treasure house of the Assamese literature of theperiod from early nineteenth century to the twentieth century.

For all that Ihave said, I deem it an honour for me tojoin all of you at this national-book releasefunction of Mrinal's  'POST-COLONIALASSAM'  (1947-2019).

Assam is an ancient land unrivalled inits picturesque natural beauty. Such is its antiquity that it finds a mentionin both Ramayana and Mahabharata as accounts of kingdoms of Pragjyotishaand Kamrupa.Assam is truly unique, for very few states of India are sodiversely endowed both in terms of people and nature.Through millennia, thisland has been a meeting place of many races, tribes and ethnic groups eachcontributing to the rich tapestry of communities, customs, cultures andlanguageswoven togetherto form the rich mosaic of the Assamese society.As aplace where I was born and spent my formative years, it holds a special placein my heart, and in the indomitable words of Sahityarathi (Laxminath Bezbarua)is –"অ' মোৰআপোনাৰদেশ"

Assam'shistory is both long and turbulent, and since independence has been repletewith momentous changes and events. Even though on the world stage, children ofAssam have made the nation proud, the state itself has struggled, frequentlyfacing severe socio-economic crisis stemming from industrial strikes, agrarianstruggles, and natural calamities including frequent floods. Added to this,widespread agitations and resultant violence have deeply impactedsocio-political life in Assam. 

Inthe above context, the present effort by Mrinal Talukdar titled 'Post-Colonial Assam (1947-2019)' islaudable for it revolves around facts and perceptions, that display a chain ofevents over decades which have been perceived as discriminatory, regressive andun-constitutional by the wider section of the citizenry in Assam, with apalpable undercurrent of detachment from the national discourse that has beenfuelling a sense of isolation and alienation in the Assamese minds. On the onehand Mrinal's book seeks to bring to the fore the sheer lack of understandingand acceptance of the enormity of the geo-political turbulence that wasunleashed amongst the peace-loving citizenry of Assam and other North-EasternStates, by the waves of human migration triggered in the aftermath of thepartition of the sub-continent by the retreating colonial power. The contents ofthe book need not be thought of as any rhetoric, as it is nothing but corereality – and a living truth. Added to this is the unexploited and undeveloped avenuesof the tourism potential; lack of State assistance in tea research though Assamproduces 50% of the Indian tea; the neglected mineral resources and theimpoverished academic institutions.  All speakfor themselves.

But perhaps what has affected Assam andits population the most is the issue of illegal migration, which has come todominate not only all aspects of life in Assam but also all narrativesemanating from it. Political mobilisation and actions in this regard haveresulted in over four decades of political turmoil and instability. There arenumerous accounts of how the student agitation got initiated and progressed togive voice to a long-standing grievance, most vividly articulated in the famous3D demands of the year around 1978 i.e. detection, deletion and deportation.The movement was revitalised by the events of the subsequent years, which witnessed coming together of almost all majorpolitical outfits seeking a redress of this matter. From the very beginningthese movements were able to mobilise enormous support and enjoyed a tremendousresponse from all walks of life. But we all are painfully aware of the viciouscycle of violence that took hold thereafter and the great human and materialcost it exacted on the daily lives of the ordinary Assamese. For the next fourdecades suspicion, panic and hostility fed continuously by furious politicalrhetoric and relentless violence became the new normal, with the statemachinery remaining unable or unwilling to tackle it.

One is, therefore, forced to ask, in aconstitutional democracy what place does violence hold? What are the limits oftolerance of violence that is typical in such confrontations? What forms ofpublic spheres are best suited to articulate differences?  From a governance standpoint it becomesimperative to seek a mechanism that is capable of fostering diversity whileproviding a framework for cultivation and expression of shared basic values andcommon interests.

        The AssamAccord of 1985 and its concomitant features – introduction of Section 6A in theCitizenship Act and the promise of a National Register of Citizens was anattempt to evolve a solution through the legal framework.  What are the results?  Section 6A is waiting for a nod from theSupreme Court while the NRCis not without contestations.  The NRC isneither new nor a novel idea. It found expression as early as in the year 1951and in the particular context of Assam, in 1985 following the Assam Accord.Infact the current NRC is an attempt to update the 1951 NRC. Prior to thisexercise, the whole discourse had been repeatedly fed with enormous amount ofguesswork as to the number of illegal migrants, which in turn fuelled panic,fear and vicious cycles of lawlessness and violence. Callous reporting by fewmedia outlets only worsened the situation. There was an urgent need toascertain with some degree of certainty the number of illegal immigrants, whichis what the current exercise of NRC attempted.

Infact, the entire exercise is nothing but a manifestation of one of the most peacefulmeans by which the stakeholders seek to remedy the wrongs and omissions of thatturbulence, whose effects changed the courses of lives of not only individualsbut of communities and cultures across the region. Those changes have hadcascading effects, down the generations. The cascade still operates, inindescribable ways and manifestations. The wounds of that turbulence haven'thealed as yet. There isn't any place for any fresh wounds or any politicalconundrum. The Assamese people have displayed great magnanimity andlarge-heartedness in accepting various cut-off dates, for the purposes ofpreparation of the NRC, that are at a considerable distance from the time whenthe first onslaught of forced migration hit them or their ancestors. Thishumaneness is 'acceptance', that is one of the first steps towards inclusivity.It needs to be told and brought on record that people who raise objections,including to these cut-off dates, are playing with fire.

        At this cross-road, we need to keep inmind that our national discourse has witnessed the emergence of arm-chair commentatorswho are not only far removed from ground realities, but also seek to present ahighly distorted picture. The emergence of the social media, and its tools,have also fuelled the intent of such commentators, who thrive through their'double-speak' language sitting in the confines and comforts of their spaces.  They launch baseless and motivated tiradesagainst democratic functionalities and institutions, seeking to hurt them andbring down their due processes. These commentators, and their vile intentions,do survive well in situations where facts are far removed from the citizenry,and rumour-mills flourish.

Assam,and its development agenda, too have been victims of such arm-chair commentaries,wherein the 'due-processes' have been questioned and challenges have beenthrown at vital initiatives that were aimed at ushering in a new era of peacefulco-existence, leading to overall progress and prosperity of the entire region.It is here that Mrinal's work, together with the backdrop of events narratedtherein, would help the knowledgeable and the discerning readers understand thesocio-economic and geo-political realities of Assam and its neighbourhood, uponwhich all well-meaning future endeavours would require to be based.  This is an occasion to put things in properperspective – the NRC as it will finally emerge is not a document of the moment– 19 lakhs or 40 lakhs is not the point. It is a base document for the future – kind of a reference document todetermine future claims.  This is itsintrinsic value, in my comprehension.

Havingsaid this, I must emphasise that the trend is one of mutual peacefulco-existence.  We must remember thatacross varied ways of life globally, one common thread that runs through us allis the fact that matters to which we are attached most or we love most arethose that we never got to choose, but were trained to accept and cherish. Ourparents and our siblings, our birthplace, our culture, our religion and evenour nation! We never got to choose any of them, yet we accept them and livehappily with them. We are most attached to them too, – aren't we !!?

Unfortunately,this simple idea of 'acceptance', especially of people who may be different ordiverse from us, is an idea from which people are at great distance. We seem tobe in an era where our failure to accept what is different from us, is nolonger considered a short-coming. In fact, we wear such 'failure' on oursleeves, with misplaced pride and vanity, little realising that the very basisof all societies or communities centred around and grew upon the 'idea ofacceptance' of the diverse. Progressive Societies were meant to grow on bondsnurtured by 'acceptance' and 'inclusiveness', growing around the objective of'peaceful, mutual co-existence'. The present world around us seems to suggestotherwise. I would rather leave this esteemed audience to ponder over thesethoughts, which I consider fundamental if we, as a nation that emerged from theshadows of its dim past, are to plan our future course together, and if ourchoices, as a nation, are to remain the same.

And while so pondering, I would requesta little insight as to what might be the expectations from variousstakeholders, in particular the fourth estate. Given the composition of thisaugust gathering,I believe this is an appropriate forum to discuss the issue.It is our duty to participate in the political life of the community, the societyand the state as public citizens. Without such involvement, there remains thedanger of becoming irrelevant and sinking into cynicism, endlessly creating anddiagnosing problems without playing any part in solving them. One can see thishappening these days, in the manner in which working of the institutions areassessed, especially by the media and particularly on the social media.A casein point would be the nature of reporting about the whole NRCprocess, andinstitutions engaged therein.One has to ask, is this a constructive manner ofengaging with any institution, particularly one tasked with the crucialresponsibility of protection of basic rights of all. We must desist the urge offinding wrongs and shortcomings everywhere we look and merely for the sake offinding one. The constant desire to play to the gallery by demeaninginstitutions and all their efforts, must be resolutely avoided. This of coursemust be a self-check. At no point is this a suggestion for uncriticalaffiliation, for public scrutiny and critical engagement arean absoluteimperative for attainment of a vibrant and meaningful democracy. But where isthe critical engagement, when unrestrained mudslinging, casting unsubstantiatedaspersions and launching personal attacks against both the institution and itsmembers, masquerade as public discourse. We all will do well to remember, thatit does not take longto tear down an institution but it takes eons to build aneffective one.

Today it seems that Assam with its irredeemablepast is being saddled with an unpresentable present.  Do we run the risk of an unimaginable futureas well? What lessons must we draw on to avoid such an eventuality?  It is often said that those who forgethistory are bound to repeat its mistakes. It is in that context that I believeMrinal Talukdar's work "Post-Colonial Assam 1947-2019" is extremelyrelevant. It is anadroit collation of what has transpired politically in theAssam over the last seven decades, a treasure trove of knowledge andinformation, which I am confident, will contribute substantially to theunderstanding of anyone inquisitive about the socio-political developments inAssam. His journalistic experience of over 30 years has enabled him toeffectively map varying strands and nuances of Assamese political history.Thelessons and insights he provides are worth learning, and we would do well topay attention to the concerns he attempts to draw our attention to. I commendhim for this work, and sincerely hope that it will inspire minds, young andold, to think deeply and work actively for the genuine causesafflicting boththe Assamese society and the nation at large.

Thank you. Jai Hind.