Committee For C.R.Of C.A.P. & Ors vs State Of Arunachal Pradesh & Ors

2. Petitioner No.1 has described itself as “Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh” (“CCRC”). According to the averments in the petition, representations were filed with the National Human Rights Commission (“NHRC”) alleging persecution of Chakmas and Hajongs in the State of Arunachal Pradesh. The NHRC approached this Court by way of a Writ Petition (C) No.720 of 1995 titled “National Human Rights Commission vs. State of Arunachal Pradesh” seeking direction from this Court to ensure that the Chakmas and Hajongs are not forcibly ousted from the State of Arunachal Pradesh, which was disposed of on 9th January, 1996[1]. In the said case, the Union of India appeared before this Court and stated that decision to settle the Chakmas in the State of Arunachal Pradesh was taken after discussion between the Government of India and the North-East Frontier Agency (“NEFA”) Administration (Predecessor of the State of Arunachal Pradesh). The Chakmas were residing in the State of Arunachal Pradesh for more than three decades and had close social, religious and economic ties. As per joint statement issued by the Prime Ministers of India and Bangladesh in February, 1972, the Union Government took a decision to confer citizenship on the Chakmas under Section 5(1)(a) of the Citizenship Act, 1955 but the State of Arunachal Pradesh had reservations on this count. The Central Government was in favour of a dialogue between the State Government, the Chakmas and all concerned to resolve the issue of granting citizenship while also redressing the genuine grievances of citizens of Arunachal Pradesh. The stand of the State of Arunachal Pradesh was that it had provided basic amenities to the Chakmas but the State had a right to ask the Chakmas to quit the State. The State could not permit outsiders to settle within its territory as it had limited resources and the Union of India had refused to share its responsibility. The Deputy Commissioner of the area was to forward the applications for citizenship after due inquiry but no such application was pending. Further stand of the State was that settlement of Chakmas will disturb its ethnic balance and destroy its culture and identity. The tribals of the State consider Chakmas as potential threat to their tradition and culture.

5. Case of the petitioners, further is that the application of the State of Arunachal Pradesh for modification and Writ Petition (C) No.593 of 1997 filed by an organization of tribals of Arunachal Pradesh against the judgment of this Court was also dismissed. Another writ petition being Writ Petition No.13 of 1998 against the judgment of this Court was dismissed on 9th December, 2002. Thereafter applications were filed for citizenship but the same were not acted upon. The Election Commission of India in the light of judgment of this Court passed orders dated 3rd March, 2004 declaring the resolution dated 14th May, 2003 passed by the State of Arunachal Pradesh against facilities to the petitioners to be unconstitutional but the authorities of the State of Arunachal Pradesh had not forwarded the applications as required under Rule 9 of the Citizenship Rules to the Central Government.

8. The petitioners have filed a rejoinder affidavit alleging that children of Chakmas and Hajongs are denied educational facilities. They were not being covered by the public distribution system. They presented a petition to the 10th Lok Sabha and also to Rajya Sabha Committee on Petitions. The said Committee in its 105th Report published on 14th August, 1997 made recommendation to grant Indian Citizenship to the Chakmas but the said recommendation has not been acted upon. The recommendation is as follows :

The above report/affidavit shall be submitted by the State of Arunachal Pradesh to this Court through the Secretary (Political), Government of Arunachal Pradesh within two months from today.

We are of the view that once a decision had been taken to settle these Chakma refugees in Arunachal Pradesh in consultation with the authorities of Arunachal Pradesh, they would become residents of Arunachal Pradesh and would not require the Inner Line Permit/Pass. Otherwise also, once they have been allowed to settle in Arunachal Pradesh, it would be deemed that such permits had been granted to them and in our considered opinion, any other view would negate and defeat the policy decision taken by the Government of India in consultation with the Arunachal Pradesh authorities to settle these Chakmas in Arunachal Pradesh.

18. The above history shows the integral link of the State of Arunachal Pradesh with the rest of the country since ancient times. It is well known that the Chakmas and Hajongs were displaced from the area which became part of East Pakistan (now in Bangladesh) on construction of Kaptai Dam and were allowed to be rehabilitated under the decision of the Government of India. As earlier held by this Court, the Delhi High Court and Gauhati High Court, they need to be protected and their claims of citizenship need to be considered as per applicable procedure. They could not be discriminated against in any manner pending formal conferment of rights of citizenship. Their status also stands duly acknowledged in the guidelines of the Election Commission of India.

20. Accordingly, we allow this petition and direct the Government of India and the State of Arunachal Pradesh to finalise the conferment of citizenship rights on eligible Chakmas and Hajongs and also to ensure compliance of directions in judicial decisions referred to in earlier part of this order for protection of their life and liberty and against their discrimination in any manner. The exercise may be completed at the earliest preferably within three months from today.