(A detailed version of this chapter in notes #301.033 on http://facebook.com/mehtarahulc )
Download this chapter 33 : http://www.righttorecall.info/301.pdf
33.1 How serious is the problem of Bangladeshi infiltration
How serious is problem of illegal immigration? IMO, it is the 4th biggest threat – right after increase dominance of MNC-owners, weakening of Indian Military and poverty. It is much bigger threat than retail corruption. There are over 1 crore Bangladeshies in India, and more keep coming. There are trusts and NGOs which get crores of rupees of grants from ISI and Saudi Arabia, and they pay a bribe of anywhere form Rs 5000 to Rs 10000 to local Tahsildaar etc to get ration card and voter id for Bangladeshies, and this bribe money goes from Tahsildaar to all the way to CM, PM and Supreme Court judges and so they let this process go on without any problem. If Parliament passes Lokpal with no RTR-Lokpal, then the problem will worsen. Because if there is no RTR-Lokpal, and if some honest IAS or some Minister die to public pressures decides to take actions to block illegal immigration, then the Saudi Arabian Islamists lobby, which wants illegal immigration to go on, can bribe out just 3-4 Lokpals and crackdown on that IAS or CM.
The three worst possible outcomes of illegal immigration are
During the coming India vs. Pakistan\China\Bangladesh war, China may manage to send guns, grenades and rocket launchers to over 10 lakh Bangladeshies already in India; there may be 1000s of Kasabs overnight and this can wreck civilians as well as Indian Military. The so called chicken neck area, an area of India which is north of Bangladesh and is just 15 km wide, will get completely blocked. Indian Army will not be able to reach inside North East nor will be able to send any ammunition etc to troops inside North East. The soldiers as well as civilians inside North East may end up facing a total massacre — every Hindu in the North East area may get exterminated.
Even without war, if the population of Bangladeshies keeps on increasing in North East and West Bengal border tahsils, then a point may come that immigrants will manage to create a movement to secede from India and accede with Bangladesh ; and then North East may end up becoming part of Bangladesh and crores of Indians in North East will be killed and raped the way they were killed and raped in 1947. In some parts, we are already seeing exodus of Indians, mainly Hindus. Eg in Debanga Tahsil of West Bengal, there are pockets which are 100% Bangladeshi and all Indians have been forced to flee.
And a third possibility is – both of the above.
What makes the problem worse is that due to funding from West and Saudi Arabia, almost all MPs, almost all columnists and all 80G-activists want to keep silence on this issue. These MPs and 80G-activists know that if they even talk about the problem, forget proposing administrative solutions, they will lose the bribes and grants coming from Saudi Arabia and West. So these MPs, columnists, activists etc oppose and sabotage every act discussing the administrative solutions to reduce the mess and they even oppose discussing the problems. And what makes matter further worse is that the leaders of so called Nationalists organizations insist that workers should only give information about problem, and they passing information about administrative solutions. So even the workers of these organizations are unaware of solutions to these problems.
This chapter has details on the text of the proposed Gazette Notification drafts that can reduce incoming Bangladeshies and later also enable us to seek them out and expel them.
33.2 The useless fence solution
The Ministers are misguiding citizens by showing the fence they are creating along India Bangladesh border. I support the fence as it will make it difficult for a terrorist to flee back and thus it may reduce terrorism. But I want activists to note that fence cannot reduce mass infiltration even by 1%. Today, Bangladeshies are using land rather than sea coast to come into India as land option is cheaper. But coming from coast line is also easy and not all that expensive. So once the land is fenced, Bangladeshies will use coast line to enter into India !! Now are we going to build fence along whole coast line of India or even West Bengal? We cant. So even after fence is made, illegal immigration will not reduce even by 1%
And consider the countries who have drastically reduced the problem of illegal immigration such as Canada, Sweden, Norway, Germany, Australia, New Zealand etc. The way these countries have solved this problem is via punishing the employers who give employment to those without Uid.
Illegal immigration exists in USA, because US elitemen want illegal immigration to come to keep wages low; and so US Govt has deliberately made no laws to punish employers who hire persons without Uid. But in USA, illegal immigrants do not pose any security or secessionist threats. And illegal immigration provides economic benefits to US elitemen. .
But the countries that did not want illegal immigrants like Canada, Germany etc have made laws that require employers to disclose employee’s Uids to labor department and also made laws to punish employers who hide this information. This ensures that organized employers from proving employment to illegal immigrants and thus it reduces illegal immigration. The same in law-draft in India can reduce new coming immigrants. Though expelling existing illegal immigrants who have obtained ration card or other IDs require other steps mentioned in next section.
33.3 Steps I propose for activists to reduce Bangladeshies’ inflow
1. The activists should convince PM to print TCP-draft in Gazette (see section-1.3 for TCP draft)
2. Using TCP, activists and citizens can convince PM to print Right to Recall PM draft in the Gazette. RTR-PM will reduce inefficiency of PM and also motivate PM to print Gazette Notifications necessary to stop Bangladeshies, expel existing Bangladeshies and also take several other tasks.
3. Using TCP, activists and citizens should convince PM to print Right to Recall over Chairman of Uidai i.e. Unique Identification Authority of India in the Gazette. This will improve efficiency of Uid system and also motivate Uidai Chairman to add features necessary to stop Bangladeshies and expel existing Bangladeshies
4. The activists can then convince PM to print a Gazette Notification that all employers which have employed more than 10 employees will be required to report Uid of all their employees and contractors to the Govt.
5. The activists can then convince PM to print a Gazette Notification that will create a Jury System, fine\imprison an employer if he does not report Uid of the employee.
33.4 Steps I propose to activists to expel existing Bangladeshies
1. Using TCP, the activists can convince PM to appoint NADO i.e. National Alien Data Officer and force CM to appoint SADO i.e. State Alien Data Officer. The activists can force PM to print Right to Recall clauses over NADO in the Gazette Notification.
2. NADO can open offices in Bangladesh where persons in Bangladesh can get rewards for giving their own DNA and names of their blood relatives in India.
3. NADO will be empowered to ask phone companies to record all conversations in the international calls made between Bangladesh and India. NADO can also obtain the phone call records and all conversation recordings between calls made between Bangladesh and India. So if a person has made several calls to Bangladesh or has received several calls from Bangladesh, that provided prima-facie information (not proof) that that person is Bangladeshi. Further, if a person has been calling same numbers several times or gets calls from same number several times, then it gives information about phone numbers and addresses of his close relatives and possibly blood relatives. Please note that call log is powerful hint to start with, but not a proof.
4. Upon obtaining information, NADO will call for a Jury Trial on the suspect. In the Jury Trial, 12 Jurors selected from voter list of the State and later National Jury where 12 voters from voter list of whole India will decide.
5. With permission of the accused NADO will conduct blood\DNA tests to confirm the relations and provide the results to the Jurors. If the accused refuses to give blood\DNA tests, then Jurors will conclude based on other evidence provided by NADO so that using blood\DNA samples, relationship with alien can be proven.
6. The Jurors may, with consent of accused, propose a narco test to get more information.
7. Jury Trials will decide whether a person accused is citizen or illegal immigrant
33.5 Drafts of the proposed GNs to prove/disprove “Alienship” and expel illegal immigrants
GN1 : Right to Recall UIDAI Chairman
(see section-31.4)
GN2 : Gazette Notification to improve UID System
(see section-31.4)
GN3 : Proposed Gazette Notification to appoint NADO and Right to Recall NADO
# Procedure for
Procedure / instruction
1 – The word citizen would mean a registered voter.
2 PM
PM will appoint an officer titled as National Alien Data Officer (aka NADO)
2 District Collector (DC)
If any citizen of India wishes to have position of NADO i.e. Unique ID Authority of India Chairman , and appears before DC in person , the DC would accept his candidacy for Uidac after taking filing fee same as deposit amount for MP election.
3 Talati ,(or Talati’s Clerks)
If a citizen comes to Talati’s office, pays Rs 3 fee , and approves at most five persons for the Uidac, the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved. Later, PM may install this system over ATM and also using SMS.
4 Talati
The Talati will put the preferences of the citizen on PM’s website with citizen’s voter-ID number and his approvals.
5 Talati
If a citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee.
6 PM If a candidate gets approval of over 15 crore of citizen-voters in India, then PM may or need not expel the existing NADO and may or need not appoint the person with highest approval count as NADO. The decision of PM will be final.
7 District Collector
If any citizen wants a change in this law, he may submit an affidavit at DC’s office and DC or his clerk will post the affidavit on the website of Prime Minister for a fee of Rs 20/- per page. If any candidate has 1 crore more approvals than existing Uidaic, then the PM may make him Uidaic.
8 Talati (or Patwari)
If any citizens want to register his opposition to this law-draft or any section or wants to register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt. The YES-NO will be posted on the website of PM.
GN4 : Functioning of NADO – National Alien Data Officer
# Procedure for
Procedure / instruction
1 NADO
NADO may use staff of Govt on deputation or may recruit staff via open competitive exams such IIT-JEE, State Bank of India Selection Exams, CAT or any existing exam he deems fit. He can hire a staff of 100 persons for 2 year contract to develop software for NADO.
2 NADO
NADO can ask PM or Parliament or both for funds necessary to obtain information on illegal immigrants
3 NADO
NADO will open counters in Indian Embassy in Bangladesh (and Pakistan) other places, and may also hire agents in Bangladesh (and Pakistan), thru whom he may obtain DNA samples of citizens of Bangladesh (or Pakistan) and details such as name, address, picture, uid etc of his relatives in India. NADO may give rewards to the person who brings DNA samples and information. NADO may appoints agents to bring DNA samples and information, and also give them commission.
4 NADO
NADO may ask the suspect to provide DNA and may also ask a State Level Jury and later National Level Jury to examine the evidences.
5 NADO
State Level Jury will consists of 12 citizens chosen at random from the voter list of State. The National Level Jury will consists of 12 citizens chosen at random from all over India’s voter’s list. NADO may use video conferencing so that Jurors do not need to assemble at one place. NADO will prepare the details of selection procedures and use them after approval of Parliament or citizens. (*)
6 NADO
NADO can ask any phone company to provide call log of any suspect and also record all calls made between India and Bangladesh and calls made between India and Pakistan.
7 Telecom Minister
The Telecom Minister is asked to order all phone companies to record calls made between Bangladesh and India and also record all calls made between Pakistan and India, and provide the recordings to NADO whenever he requests.
8 NADO
NADO will provide the results of DNA tests, call log, call recordings and other available evidences to the State Jurors and National Jurors.
9 NADO
NADO will take polygraph before the Jurors. NADO may also request accused to take brain mapping and truth serum tests before Jurors. If accused refuses, then there will be no brain mapping and truth serum tests.
10 NADO
The State Jurors and National Jurors will decide on the basis the facts presented by NADO and the accused
11 Jurors
The Jurors will have to decide if the immigrant is member of battered community in the country he comes from, and whether he has fled due to harassment and persecution from the majority in that country or he has entered India for better economic gains. If former, the Jurors may ask NADO to acquit him. If latter, then the Jurors may ask NADO to punish him.
12 NADO
If in both Juries, if 10 or 11 or 12 out of 12 Jurors declare the accused is Bangladeshi , then NADO will deport him. If eight or nine Jurors in any one Jury declare him as Bangladeshi , he may stay in India but not in North Each and West Bengal. And if below eight Jurors in any one Jury say he is Bangladeshi, then he will be assumed as Indian citizen and can stay in India.
13 NADO, Jurors
NADO can promote the agents who bring correct information and disqualify the agents who bring wrong information. The reward will be given only after Jurors declare a person non-citizen and impose punishment.
14 NADO, Jurors
If in both Juries, of 10 or 11 or 12 out of 12 Jurors declare the accused is Bangladeshi , and the accused had applied for voter-id or ration card or Unique ID, then NADO may ask Jurors to impose a punishment up to 15 years in prison. If the accused illegal immigrant was involved in violent activity or rioting or attempt to displace Indian citizens from their homes and plots, then Jurors may consider it offence under IPC section-121 (waging war against state) and sentence the accused to death penalty.
15 NADO, Jurors
If NADO discovers any person who had assisted over 100 illegal immigrants in obtaining voter id or ration card or unique id, and collects evidences and testimonies corroborated by truth serum tests, then NADO may ask Jurors to impose death penalty on such person. If person has assisted below 100 illegal immigrants, Jurors may impose punishment of up to 15 years in prison.
16 NADO
NADO may offer reduction in prison sentence of 6 months per information and proofs of other illegal immigrants provided by the convict.
(* – to see one possible implementation of Jury System pls see chap-21 and section on Draft to bring JurySys in India. NADO can propose this or any procedure code, and use the code after approval of PM, MPs or citizens. The RTR over NADO, PM and MPs and will ensure that NADO takes a procedure code acceptable to citizens.)
33.6 State Level Gazette Notifications to reduce expel Bangladeshi immigrants
The activists can also convince CM to print Gazette Notifications to reduce the problem of illegal immigrants in their own State. The GM drafts are similar to GN3 and GN4 described in the above section. Some words needs to change – such as change NADO to SADO, PM to CM etc.
GN5 : State Alien Data Officer i.e. SADO and RTR over SADO
The activists can force CM to print TCP (see section-1.2 of this book) in the State Gazette and then using TCP force CM to print a Gazette Notification that will create position of State Alien Data Officer (SADO) and also put Right to Recall procedures over SADO and CM. The draft will be similar to GN3 given in above section.
GN6 : Functioning of State Alien Data Officer
The activists can force CM to print a Gazette Notification similar to GN4 in the above section to create SADO i.e. State Alien Data Officer. SADO can obtain DNA samples from those in Bangladesh and name, address etc about illegal immigrants in India and using Jury Trial imprison and/or expel the illegal immigrants.
So the activists can start at State level as well, if they wish.
33.7 Implementation costs of above methods to expel illegal immigrants, and why RTR is must
The cost of expelling over 90% of the 1 crore Bangladeshies is below Rs 500 cr !! How would it be so low?
Once NADO starts rewarding persons in Bangladesh who give their own DNA samples and information about their relatives who are illegal immigrants, information on lakhs of illegal immigrants will come. And once NADO imprisons some 10000-20000 illegal immigrants and execute about 500-1000, lakhs and lakhs of immigrants will go back to their own country. So the cost of expelling over 90% of Bangladeshies is less than a few hundred crores. Essentially, once every Bangladeshi is convinced that if he stays, he will get caught, proven, imprisoned and may even get executed, he will flee back.
But I request activists to note that the proposed procedures to seek, prove and imprison Bangladeshies are useless without Right to Recall. Because in absence of RTR, the officers such as SADO or NADO will just take bribes from Saudi Arabia and not even one illegal migrant will be expelled. So RTR over them is must. Further, it is necessary to have Jury Trial and not judge trial to prove, imprison and execute illegal immigrant? Why? Because judges are known to have nexuses with relative lawyers. So if judge trial is used, then judges will do time-pass, drag the trial for decades and in the end acquit the illegal infiltrator. Whereas Jury changes with every Trial and so at worst, some 2% to 3% Juries may get bribed out, but most Juries will give unbribed judgments. And Juries give judgments within 1-2 weeks and so illegal immigrants will immediately see the possibility of getting punished. For details on Jury System and how it is far superior than judge system, pls see, chap-21.
33.8 Building relatives’ data using DNA data
Lets say as on Jan-1-2014 everyone’s DNA data of every person over 3 months old is in the system. Now each person can be asked to give names, IDs of his relatives. After inputting this in the system and using DNA data, the relations can be actually verified to a considerable extent. Parent-child has 50% DNA in common, siblings with same both parents have over 50% DNA in common, with one parent same have 25% DNA in common, grand child and grand parent have 25% in common, cousins have about 25% DNA in common and so forth. Using this data, a number of blood relations of a person can be verified. Higher the number of blood relatives he has, lesser are the chances the that he is immigrant. And thus using verified blood relative information, many illegal Bangladeshies who have just zero or few blood relatives can be easily identified out with a good accuracy. The system will be able to track over 90% of illegal Bangladeshies.
33.9 Building family trees using DNA data
Lets say as on Jan-1 of year XXXX everyone’s DNA data of every person over 3 months old is in the system. Now each person can be asked to give IDs of his relatives, and using DNA data, the relations can be verified to a considerable extent as parent-child has 50% DNA in common, siblings with same both parents have over 50% DNA in common, with one parent same have 25% DNA in common, grand child and grand parent have 25% in common, cousins have about 25% DNA in common and so forth. Using this, number of blood relatives a person can be established. Higher the number of blood relatives he has, lesser are the chances the that he is immigrant. And thus using blood relative information validated or invalidated by DNA data, many illegal Bangladeshies who have just zero or few blood relatives can be easily identified out.
33.10 Stand of other parties’ leaders
Other parties such as Congress, CPM, BJP are least interested in even stopping Bangladeshies forget expelling them. We request citizens not to vote for these parties. BJP-leaders, RSS-leaders etc have asked their volunteers to spend away all the time in only publicizing the problem and have asked them all not to inform citizens about solution. The BJP leaders such as LKA, Arun S, Pramod etc were in power from 1998-2004. Once they started getting Saudi Arabian bribes, they all too became supporters of Bangladeshi infiltration and started opposing laws needed to stop/expel Bangladeshies. The Congress MPs and CPM MPs are open supporters of Bangladeshies, while BJP MPs are all covert supporters of Bangladeshi infiltration.
33.11 More details
More details are at http://rahulmehta.com/expelling_illegals.htm
33.12 What can YOU do expel Bangladeshies from India?
Please read chap-13 of this book http://rahulmehta.com/301.htm . It has several steps where-in you can spend 6 hours a week and help to bring TCP draft in Gazette in India. The steps involve distributing pamphlets, informing citizens on motives of leaders such Congress MPs, BJP MPs, The Anna etc who oppose TCP draft, by giving newspaper ads, contesting elections. Once TCP gets printed in Gazette, using TCP, it will become easy for activists to get citizens’ opinion law-drafts mentioned in this chapter to expel Bangladeshies, such as Right to Recall Police Chief, Right to Recall PM, RTR National Alien Data Officer, RTR State Alien Data Officer, Jury Trial over Bangladeshies, Narco-Test in public over Bangladeshies etc. And based on citizens’ opinion, the PM may decide whether these drafts should be printed in the Gazette. If and when these drafts get printed in the Gazette, the Bangladeshi infiltration will reduce and existing Bangladeshies will get expelled.
Exercises
1. What is the length of India-Bangladesh border? About what % is hilly?
2. Why did fencing solution work in fencing Italy-Egypt border in 1930s (it successfully prevented Omar Mukhthar from getting weapons from British) , worked in Israel and still not work in Indo- Bangladesh border?
3. Do you have friend who has lived in Asam for over 1 year? If yes, please get an estimate of % population in Asam that is from Bangladesh
4. What is IMDT Act?