Nirban Ray

The Koch-Rajbangshi community of Assam had been demanding scheduled tribe status since the 1960s. But it was only before the general election of 1996, this demand had gained a peculiar momentum. Prior to 1996, the two Backward Classes Commissions- the 1955 Kalekar commission and the 1980 Mandal commission- had recommended the inclusion of the Koch-Rajbangshi community as an OBC (Other Backward Class) and not as a ST (Scheduled Tribe) community. Similarly, neither the advisory committee to revise SC/ST list in 1965 and nor the joint committee of parliament to examine the ST Orders Amendment Bill 1967 recommended the inclusion of Koch-Rajbangshis as a ST in Assam. 

The 1996 Ordinance, the bill, and the Select Committee 

However, in 1996, the Assam Government led by Chief Minister Hiteswar Saikia had recommended the inclusion of the Koch-Rajbongshi community in the list of Scheduled Tribes(Plain), excluding the autonomous districts of Assam. Assam Government not only recommended the proposal of inclusion of the community as ST to the then Narasimha Rao Government at the centre,  but it had also persistently demanded the inclusion on an immediate basis. The government of Assam was so persistent that- even though the Parliament was not in session, the Narasimha Rao Government advised the President to promulgate the Constitution (Scheduled Tribes) Order (Amendment) Ordinance, on 27th January 1996 in order to include the Koch-Rajbangshis in the ST category of Assam. A Bill seeking to replace the Ordinance was also introduced in the Lok Sabha on 29th February 1996 but it lapsed with the dissolution of the tenth Lok Sabha. The ordinance was re-promulgated a record number of three times and later was introduced in the Lok Sabha on 12 July 1996 as the Constitution (Scheduled Tribes) Order (Amendment) Bill 1996. The House, then authorised the speaker to refer the Bill to a select committee of Lok Sabha with instructions to report back to the house. The committee submitted its final report in August 1997 but the bill was neither introduced for voting nor enacted in time and thus it lapsed and the Koch-Rajbangshis became OBC again, having been lived a short span of less than a year as Scheduled tribes. In order to illustrate the gravity of the situation, a member of Parliament from Mangaldai, Madhab Rajbangshi expressed his anguish in Lok Sabha on 20 July 1998 as follows-

 “It  is observed that all the Ordinances pertaining to the inclusion of the communities as SC/ST in the past were  replaced  by  the  Bills  within  a maximum  period  of six months after the promulgation of the Ordinance. But in the case of Koch Rajbongshi community of Assam, even after lapse of two years, the promulgation of the 1st Ordinance No. 9, 1996 dated 27  January, 1996  is yet to be replaced by a Bill. The Parliamentary Select Committee has submitted its report in the month of April, 1997 recommending for the inclusion of Koch Rajbongshi Community as ST(P). The Government  of  Assam  had  also  submitted their  opinion  on  the report the Parliamentary Select Committee recommending for the inclusion of Koch Rajbongshi Community  as  ST(P)…  In spite of continuous re-promulgation of the said ordinance for the fourth time, it was not enacted in time leading to its lapses. This  way, a great injustice has been done to the Koch Rajbongshi Community of Assam by denying the fundamental rights under the Constitution of India as the issue under reference is still hanging.” (XII LOK SABHA DEBATES, Session II, (Monsoon) Monday, July 20, 1998)

  Reading the reports 

The primary objective of the select committee was to consider whether the Koch-Rajbongshi Tribe of Assam should be included in the ST list of Assam or not while taking into consideration the claims of other tribal groups for their inclusion in the ST list of Assam. 

Before making any claim based on its observation, the select committee first took notes of the reports submitted by the Assam Institute of Research for Tribal and Scheduled Castes. The institute was asked by Assam Government to examine whether the Koch-Rajbangshi community was entitled to be enlisted as ST. The institute submitted two reports to the Government of Assam.

 The first report

 was sent to the Government of India by Assam Government on 3rd April 1993, in which it stated that the Koch Rajbangshis do not deserve to be included in the Scheduled Tribes list of Assam. The report expressed doubt as to whether the ‘Koch’ and ‘Rajbangshi’ are knitted together or they are in two different communities. Further, as the Koch-Rajbangshis claim themselves to be “Kshatriyas” their present demand to become “Shudras” is more confusing. The report followed five criteria – primitiveness, distinctive culture, geographical isolation, shyness regarding contact with other communities at large, and overall backwardness to determine its finding. And it found that none of these criteria applies to the “Kshatriya” Koch-Rajbangshis living in plain districts of Assam (such as Sonitpur, Nagao), except the Koch-Rajbangshis living in the districts of – Goalpara, Dhubri, Kokrajhar and Bongaigaon. Considering all these aspects the report did not recommend the inclusion of Koch-Rajbangshi/Koch Rajbangshi-Kshatriyas in the list of Scheduled Tribes of Assam.  

 The second report

 was sent to the Government of India by Assam Government on 9 August 1994. Contradicting the first report, the second report provided adequate justification for the inclusion of Koch Rajbangshis-Kshatriya in the List of Scheduled Tribes in Assam. After analysing the historical and anthropological past of the Koch-Rajbangshi Kshatriyas, the report concluded that the Koch-Rajbongshi-Kshatriyas of Assam are of Mongoloid tribal origin and linguistically they belong to the Tibeto-Burman family. It further said that Koch, Rajbongshi and Kshatriyas are simply three terminologies adopted by the people of the Koch ethnic group on various socio-religious political situations. Regarding the five criteria to determine thier  tribal orgin, the report, first of all, made a clear distinction between the Koch-Rajbangshis of Upper Assam and Lower Assam and then concentrated its detailed field study on the Koch-Rajbangshis of Lower Assam particularly inhabiting Goalpara, Dhubri, Kokrajhar and Bongaigaon districts. For instance, the report found that the villages viz. Bhamandanga, Chuprikuti, Pokalagi, Kherbari, Jhaskal, and Ghariyaldubi etc. located near the Bangladesh border under Golokganj Sub-division of Dhubri district are found to be devoid of road and other infrastructural facilities, which hindered proper interaction of the people with the outside world. This report had taken into consideration the ruthless suppression of the Koch-Rajbongshi people of undivided Goalpara district by the Zamindars and its psycho-social implications, as it produced inferiority-complex among the population. The report also cited a 1969 report of the Department. of Economics & Statistics, Government of Assam which clearly found landlessness with mounting pressure on agricultural land, lack of industrialisation and that the present Koch-Rajbangshis were not economically well-off than their previous generation. In order to highlight the educational and employment position among the Koch Rajbangshis, the report represented a sample from the Koch-Rajbangshi dominated areas of Golokganj and Baitamari (North & South) of Dhubri and Bongaigaon districts, which depicted a very sorry state of affairs. Considering all these relevant aspects, the report found adequate justification for the inclusion of Koch Rajbongshi-Kshatriyas in the list of Scheduled Tribes of Assam. 

It is to be noted here that based on the findings of this second report, the Government of Assam recommended the Registrar General of India (RGI) to include Koch-Rajbangshis in the ST list of Assam. And when the select committee reached out to RGI for the same matter, the RGI office replied that it had in 1981 rejected the proposal but in the light of the empirical data furnished by the Tribal Research Institute of Assam, the RGI office had no objection to include the Koch-Rajbangshis in the list of Scheduled Tribes of Assam. 

 Concern and opposition of other Tribals 

The select committee received a total of 282 memorandums from various associations/organisations and individuals etc. containing comments/suggestions on the provisions of the Bill. Among the individuals, former CM of Assam Golap Borbora not only advocated immediate inclusion of Koch Rajbangshis to ST list but he also pushed for the inclusion of other tribals such as Chutia, and particularly the tea labourers on the ground that since the 13% general population were getting more than what they were needed to be given, it would not cause any harm to increase the reserved quota for tribals to 85%. On the contrary, another former CM Anwara Taimur opposed the inclusion as she believed that Koch and Rajbangshis were not the same, Koch Rajbangshis came from Cooch Behar of West Bengal and they were not tribals. Instead, she emphasized on the OBC Muslims of Assam and their demand for inclusion in the SC list. However, she stated that she would not oppose any decision taken by the government. Similarly, the United Tribal Nationalists Liberation Front of Darrang opposed the inclusion as the Koch-Rajbangshis had joined and assimilated with the Assamese culture, civilisation, and language of their own volition and they failed to conserve their own language, culture, and civilisation. Further, it found the community to be at its highest stage of development as the community produced a very renowned and advanced person like Sarat Chandra Sinha, who was the Chief Minister of Assam, from 1972 to 1978.

Among the opposition to the inclusion of Koch-Rajbangshis in the ST list by other tribal groups, the Dibrugarh Nagar Deori Unnayan Samiti presented the select committee a copy of the 1992 report of the Assam Institute of Research for Tribals and Scheduled Castes, the first report of the Institute which rejected the proposal of including Koch Rajbangshis to the ST list. The representatives of the Samiti opposed the inclusion based on their observation that Koch and Rajbangshi were two different groups, that in the social order of the Hindu caste system of Assam, the Koch comes next to Brahmin and Kalita and form a major constituent of the population of the Assamese society having Vaisnavite Sankari culture and that the  Koch-Rajbangshis are far advanced than the present group of scheduled tribes of Assam. Therefore the Samiti expressed its fear that if Koch Rajbangshis are included in the ST list then ‘it will have far-reaching consequence and will break down the entire infrastructure of the developmental programmes of the tribal people in the country.’ On a similar tone, the Sonowal Kachari Jatiya Parisad opposed the inclusion because according to them ‘the Koch Rajbangshi people are regarded as “upper class Hindu”, they are very intelligent, talented and the community is developed in all respects. To support their opposition, the Parisad also conducted a field investigation on its own and found out that since the ordinance included Koch-Rajbangshis as STs in February 1996 till August 1996, 25 out of 42 medical seats reserved for STs in Guwahati Medical College, 8 out of 10 seats reserved for STs in Jorhat Engineering College,  were occupied by Koch-Rajbangshi students, among other institutions and services. Therefore, the Parisad stressed the need to not dilute the existing 10% reservation quota of the regional tribal people of Assam and suggested a separate provision for the Koch Rajbangshis, if necessary.

 Verdict of the select committee

 After going through the various works of literature, reports of the Tribal Research Institute, comments of the Registrar General and Census Commissioner, etc. and the evidence taken from various associations/organisations, the select Committee found the Koch Rajbangshis to be of Mongolian origin and one of the earliest inhabitants of the undivided Assam – living mainly in the districts of Dhubri, Kokrajhar, Bongaigaon, Goalpara and Kamrup with scattered presence in the remaining districts. The select committee observed that the Koch Rajbangshis of lower Assam, particularly of Dhubri, Kokrajhar, Bongaigaon, and Goalpara districts possessed all the criteria – primitiveness, distinctive culture, geographical isolation, shyness regarding contact with other communities at large and overall backwardness- in order to be included in the ST list of Assam. The select committee, therefore, recommended that the Koch-Rajbangshis should be included in the list of Scheduled Tribes so that ‘they may come in the mainstream of the public life’.

In its final remarks, the select committee provided a possible way out from the discontent which might arise as a result of diluting the existing tribal reservation in the following words, –

 “that presently there is 15% reservation for Scheduled Tribes (10% for plains and 5% for hills), 7% for Scheduled Castes and 17% for other Backward Classes. The total reserved quota thus comes to 39%. As per the Supreme Court verdict, a State cannot have more than 50% reservation. The Committee oobservesthat, in view of the Supreme Court verdict, there is still scope of increasing the reservation quota by 11 %. The Committee are of the opinion that the Government may explore the possibility to increase the adequate quota of the Scheduled Tribes. The quota reservation may be decreased from the Other Backward Classes list, If necessary, as a large chunk of Koch Rajbangshis, Chutias and others would be transferred from OBC list to the ST list. This proportional quota can also be added to the ST list. The Government may also explore the possibility of creating a separate reserved quota for Koch Rajbangshis and other communities to be scheduled by this Bill so that the reservation benefits enjoyed by the notified tribes are not affected.’  

 The Aftermath 

The report of the select committee of 1996 had failed to be translated into the Constitution (Scheduled Tribes) Order (Amendment) Bill as the general election of 1996 resulted in a hung parliament with no single party having a clear majority. The BJP formed a short-lived government under Prime Minister Vajpayee but two weeks later United Front coalition secured a majority and Deve Gowda became Prime Minister. Again in 1997, I.K Gujral succeeded Deve Gowda and became the Prime Minister. Amid such instability in national politics, the select committee report eventually was forgotten and with it, the aspirations of the Koch-Rajbangshis to be included in the ST list lost its momentum.

 But, it was not in isolation for long as the ST question of the Koch Rajbangshis received yet another momentum in 2014 as well as in 2019, both times before general elections. In 2014, Narendra Modi came to Bongaigaon and announced on 19 April at Kakoijan election rally that within six months, ST will be given to Koch Rajbangshis if BJP comes to power. But it was not until 2019 that a bill was placed in Parliament for the same. The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2019 was introduced in the Rajya Sabha on 9 January 2019 by the Minister of Tribal Affairs, Jual Oram, intending to grant Scheduled Tribe (ST) status to six communities in Assam, including the Koch Rajbangshis. But, the day after the Bill was tabled, the existing ST communities came out to the street as a sign of protest. The Coordination Committee of Tribal Organizations of Assam (CCTOA) called a state-wide 12-hour bandh on 11 January 2019 to protest against the bill as they feared that the amendment bill would eliminate the “genuine tribal people” of the state by enlisting six new ethnic groups of Assam as STs (Outlook 2019). Following this, on 13 January 2019, the union home minister asked the Government of Assam to prepare the modalities for granting ST status to six communities of Assam without harming the rights of existing STs. Immediately after this Assam Minister Himanta Biswa Sarma took responsibility to recommend measures. But all this happened before the general election of 2019 and the Assam State election of 2021.

The elections are over now and Himanta Biswa Sarma has become the new Chief Minister of Assam. The modalities on the other hand have not yet been prepared and the inclusion of Koch Rajbangshis in the ST list of Assam still hangs like a pendulum. After all, to be scheduled or not to be scheduled is more of an electoral question rather than a developmental and identity question of the community. And who will bother?

—————————–

 ( Nirban Ray is a Ph.D. student at the  Centre For Political Studies, JNU, New Delhi. He can be reached at raynirban1@gmail.com) 

 ***Select Committee Report (1997): “The Constitution (Scheduled Tribes) Order (Amendment) Bill,” 1996 C.B.(II) No 426, Presented to Lok Sabha on 14 August 1997, Lok Sabha Secretariat, New Delhi, 1997, viewed on 12 January 2019, https://eparlib.nic.in/bitstream/123456789/757628/1/jcb_11_1997_scheduled_tribes.pdf.

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