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HUMAN
RIGHTS FEATURES (Voice
of the Asia-Pacific Human Rights Network) (A
joint initiative of SAHRDC and HRDC) B-6/6
Safdarjung Enclave Extension, New Delhi 110 029, India Tel:
+91-11-619 2717, 619 2706, 619 1120; Fax: 619 1120 E-mail:
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Chakmas
and Hajongs denied their rightful place in Arunachal Pradesh Thirty-seven
years after they arrived in India from then-East Pakistan (now Bangladesh) –
some displaced by the Kaptai hydroelectric project, others hounded out by the
growing incidents of communal violence – the Chakmas and Hajongs in Arunachal
Pradesh have yet to settle down and find a level of basic security. The highest
court in India has upheld their right to citizenship and its attendant benefits.
However, thanks to an obdurate State Government and a lackadaisical Centre, the
Chakma
and Hajong communities remain stateless, disenfranchised and the target of
attacks by xenophobic groups in the state. Over the course of the past few years, the State
Government of Arunachal Pradesh has denied the Chakmas and Hajongs access to the
most basic infrastructure and opportunities. These conditions persist despite
intervention on behalf of the communities by the National Human Rights
Commission (NHRC), the Ministry of Home Affairs, the Rajya Sabha (upper house of
Parliament) and clear judgements in their favour by the courts. Government
inaction and inefficacy has left these communities vulnerable to threats and
violence by organizations in the state such as the All Arunachal Pradesh
Students Union (AAPSU). On
9 January 1996, the Supreme Court of India, ruling in the case of National
Human Rights Commission vs State of Arunachal Pradesh and Anr, directed the
government of Arunachal Pradesh to ensure protection of the life and personal
liberty of Chakmas resident in the state, and to process their applications for
citizenship in accordance with law. The Supreme Court’s judgement was followed
by a positive decision by the Delhi High Court. In the case of People’s
Union for Civil Liberties and Committee for Citizenship Rights of the Chakmas of
Arunachal Pradesh vs Election Commission of India and others, the Delhi High
Court ruled in favour of registering Chakmas and Hajongs as voters in Arunachal
Pradesh. However, these court directives have been ignored. Some historical background is
necessary to understand the devastating nature of the present situation. The
Chakmas of Arunachal Pradesh belong to a tribal group that has for centuries
inhabited the Chittagong Hill Tracts (CHTs) of Bangladesh. Despite the fact that
most of the inhabitants of the CHTs are either Buddhist or Hindu, the region
became a part of Pakistan with the partition of India in 1947. In 1964, communal
violence and the construction of the Kaptai hydroelectric dam displaced nearly
100,000 Chakmas. A large number of these displaced people sought refuge in
India. Nearly 1,000 members of the
Hajong tribe, a Hindu group from the Mymensingh district of Bangladesh, were
also settled in these areas. In the more than 30 years since their resettlement,
the Chakmas and Hajongs have built villages, developed the land granted to them
and paid state taxes on their land. Additionally, they have become integrated
into the social fabric of Arunachal Pradesh and established strong ties to the
region. Many of these Chakmas and Hajongs, who now number about 65,000, were
born in India and know no other home. The
Chakmas and Hajongs are legal residents of India. In 1964, the Government of
India granted migration certificates into the country to approximately 35,000
Chakmas and 1,000 Hajongs. The migrants were settled by the Government of India
in the erstwhile North East Frontier
Agency, an area that comprises the present-day districts of Lohit, Changlang and
Papumpare in Arunachal Pradesh. These certificates indicated legal entry into
India and the willingness of the Government of India to accept the migrants as
future citizens. Additionally, under the Indira-Mujib Agreement of 1972, it was determined
that India and not Bangladesh would be responsible for all migrants who entered
India before 25 March 1971. Many
Chakmas and Hajongs also have the right to citizenship and the right to vote.
Under Section 3(1)(a) of the Indian Citizenship Act 1955, every person born in
India on or after 26 January 1950 and before 1 July 1987 is a citizen of the
country. There are about 35,000 Chakmas and Hajongs who were born in India after
1964. Under the Indian Citizenship Act, they are Indian citizens by birth and,
consequently, eligible to vote. However, when the Chakmas and Hajongs who
satisfy the Act’s requirements tried to register in the electoral rolls, the
concerned State Government officials refused to accept their applications.
The
Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh (CCRCAP)
approached the Ministry of Home Affairs to remedy the situation. The Ministry
indicated that the Election Commission had been requested to include all
legitimate Indian citizens in the rolls. The Election Commission took no action.
The People’s Union for Civil Liberties (PUCL) and the CCRCAP filed a writ
petition before the Delhi High Court in this regard (CWP no. 886 of 2000). To
date, not a single Chakma or Hajong has been included in the electoral rolls. In response to the condition of the Chakmas and Hajongs, the NHRC filed a
writ petition in the Supreme Court against the State of Arunachal Pradesh. The
case arose in response to allegations of human rights abuses suffered by the
Chakmas and Hajongs at the hands of the State Government of Arunachal Pradesh in
collaboration with private entities like the AAPSU. In September and October of
1994 the CCRCAP made numerous appeals to the NHRC, alleging human rights abuses
and imminent threats to the lives and property of the Chakmas and Hajongs. Upon inquiry, the NHRC determined
that the Arunachal State Government was acting in concert with the AAPSU to
issue “quit notices” with a view to intimidating the Chakmas and Hajongs and
expelling them from the State. Because of the State Government's delayed
statements and lack of action in response to the inquiries and directions of the
NHRC, the matter was brought before the Supreme Court. Despite the Supreme Court’s clear ruling, the Chakmas and Hajongs still
could not apply for citizenship within Arunachal Pradesh due to intimidation by
the AAPSU, which has the support of the State Government. Consequently, on 18
February and 19 June 1997 the groups submitted citizenship applications directly
to the Central Government. The Union Home Ministry forwarded these citizenship
applications to the District Collectors for necessary verification. For example, on 4 May 1998, 27 Chakmas submitted
citizenship applications to the Deputy Commissioner of Changlang District. He
refused to accept them. Perforce, the Chakmas and Hajongs had to submit
applications directly to the Union Home Ministry once again. More than two years
later, the Chakmas and Hajongs have yet to be granted citizenship. Over
four years after the Supreme Court judgement, the PUCL and CCRCAP challenged the
government in court once again over its continued inaction. They filed a writ
petition in the Delhi High Court against the Election Commission of India, the
State Election Commission of Arunachal Pradesh, and the Union of India. During
the course of the case, the Central Government stated: The
Delhi High Court directed the Election Commission of India and the State
Election Commission to process Chakma and Hajong applications for inclusion in
the electoral rolls. The directive is yet to be implemented. The Central Government has also often asserted
that the Chakmas and Hajongs have a legitimate claim to Indian citizenship. As a member of the Opposition, the current Minister of Home Affairs, L K
Advani was exceptionally critical of government ineffectiveness in granting
citizenship and related rights and privileges to the Chakmas and Hajongs. He
raised the issue in Parliament on several occasions. During his own tenure as
Minister of Home Affairs, however, he has failed to make the Arunachal Pradesh
government comply with constitutionally binding judicial orders and directives
from the Ministry of Home Affairs. The Government of Arunachal Pradesh has
systematically denied the Chakmas and Hajongs access to social, economic and
political rights to which they are entitled under Indian and international law.
It has conducted a three-pronged strategy of discrimination against them –
denying them political rights, economic opportunity and access to basic social
infrastructure. Additionally, the State Government has not checked the
intimidation and threats issued by the AAPSU. In fact, on occasion it has openly
supported AAPSU activities. The Chakmas have been suffering forcible eviction at
the hands of the State Government for decades – one particular village in the
district of Changlang, Vijoypur, was reportedly destroyed on three occasions, in
1989, 1994 and 1995. In 1980, the State Government banned the
employment of Chakmas and Hajongs. It has stopped issuing trade licenses to
members of either community. Furthermore, all trade licenses issued to the
Chakmas in the late 1960s were seized in 1994. Their employment options are thus
effectively sealed off, and the Chakmas and Hajongs are locked into a vicious
cycle of poverty. The situation has been exacerbated by AAPSU-organised economic
blockades of the Chakma and Hajong refugee camps. The
State Government has steadily dismantled basic social infrastructure in Chakma
and Hajong settlements, rendering these people ever more vulnerable. All persons
legally resident in India are entitled to ration cards if their income falls
below a specified amount. In October 1991, the State Government discontinued
issuance of ration cards to Chakmas and Hajongs, many of whom live in extreme
poverty. In September 1994 the State Government began a campaign of school
closing, burning and relocations that have effectively denied the Chakmas and
Hajongs their right to education. Schools built by the Chakmas using local
community resources were closed down or destroyed. Also, health facilities in
Chakma and Hajong areas are all but nonexistent. The Chakmas and Hajongs of Arunachal Pradesh have a verdict in their favour from the apex court and the Delhi High Court, the support of the Rajya Sabha and, ostensibly, bureaucratic compliance from the Central Government. The Arunachal Pradesh government, the Election Commission of India and the State Election Commission of Arunachal Pradesh must now implement the directives of the Supreme Court and the Delhi High Court to ensure that the Chakmas and Hajongs receive their full rights of citizenship.
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