Amid eviction drives, Assam to make police scrutiny must for inter-religion land transfer

Guwahati: Religion is soon going to be the basis for police scrutiny of applications for transfer of land in Assam.

The BJP-led government on Wednesday approved a set of Standard Operating Procedures (SOPs) making it mandatory for police scrutiny of land transfer applications involving people belonging to different religions.

After a cabinet meeting in which the SOPs were approved, Chief Minister Himanta Biswa Sarma told reporters on Wednesday evening that the during the scrutiny, the special branch of the state police would try to verify the source of money meant for buying the property, potential impact on "social cohesion" and "national security" in case of applications for inter-religion land transfer. "This scrutiny will not be required for transfer of land between people of the same religion. But in case, the land is to be transferred from Hindus to Muslims, to Christians or to Sikhs, Buddhists, the applications must go through special scrutiny."

"Once the Deputy Commissioner receives an application seeking permission for inter-religion transfer, the DC will send it to the revenue department. There will be a nodal officer in the revenue department who will send it to the special branch of the police. The special branch will first examine whether there is any element of fraud, coercion or illegal transfer. Second, if someone wants to buy the land, police will verify the source of the money, whether it is white or black money. Third, what kind of effect will this have on the social cohesion of the place. Fourth, they will also examine the possible impact on national security. Then the file will go back to the DC, who will take the final decision about granting permission for transfer," Sarma said.

Sarma said the SOP will also be applicable for applications seeking transfer of land to NGOs from outside the state. "In the past few days, it has been observed that from places like Kerala, lots of NGOs from Kerala are buying land in Assam. They are also holding events which may be detrimental to national security in the future. Some NGOs have already bought land in Barpeta and are trying to buy land in Cachar and Karimganj districts (districts with sizable Muslim population). There’s no need for such a procedure for Assam NGOs but for those from outside — whether they seek to buy land to set up an education institute, nursing college, medical college — they have to go through the same procedure,” Sarma said.

Last year, Sarma had stated that permission for the Chief Minister's office would be made mandatory for transfer of land from Hindus to Muslims and vice-versa.

Timing raises questions

The SOPs have been approved amid an eviction drive targeting the Bengali-speaking Muslims. This led organisations representing the Muslims to question the Cabinet approval calling it a move to stop transfer of land from Hindus to Muslims only.

"What is the basis of this SOP? Is there any empirical data on inter-religion land transfer threatening national security or damaging social fabric?" asked Aman Wadud, a lawyer of Gauhati High Court.

"It seeks to create an unequal process compared to same-religion sale. This classification is arbitrary as there is no rational nexus with the object sought, that is to protect national security." Wadud, also a Congress leader, said the SOP violates Article 14 (Right to Equality) and Article 15(1) (discrimination on the ground of religion). The SOP vests arbitrary discretionary power on the executive and puts unreasonable restrictions in owning property, violating Article 300A of the Indian constitution."

Opposition parties called the SOP another move targeting the Muslims in Assam as part of BJP's "polarisation campaign" in the run up to the Assembly elections slated early next year.