RAJYA SABHA
COMMITTEE ON PETITION
HUNDRED AND FIFTH REPORT
On the
petition signed by Smt. Snehadini Talukdar of Mizoram and Shri Subimal Chakma
of Delhi on the Petition pertaining to problems being faced by the Chakma
Tribal population in Mizoram and Arunachal Pradesh.
(Presented
on the 14th August 1997)
RAJYA SABHA
SECRETARIAT
NEW DELHI
AUGUST
1997.
COMPOSITION OF THE COMMITTEE ON PETITIONS
(1995-96)
1. Shrimati
Sushma Swaraj - Chairman
Members
2. Shri
Shivajiroa Giridhar Patil
3. Shri
Virendra Kataria
4. Shri K.
R. Jayadevappa
5. Shri
Lakkhiram Agarwal
6. Shri
Narain Prasad Gupta
7 Shri Ram
Deo Bhandari
8. Shri
Anant Ram Jaiswal
9. Shrimati
Renuka Chowdury
10 Shri
Mohd. Masud Khan
(1996-97)
1. Shri O.
Rajagopal -Chairman
Members
2. Shri
Mohinder Singh Kalyan
3. Shrimati
Basanti Sharma
4. Shri
Gundappa Korwar
5. Shri
Thennala Balakrishna Pillai
6. Shri
Raghavji
7. Shri
K.R. Malkani
8. Shri
Naresh Yadav
9. Shrimati
Jayaprada Nahata
10. Shri
Mohd. Masud Khan
(1997-98)
1. Shri O.
Rajagopal -Chairman
Members
2. Shri
S.M. Krishna
3. Shrimati
Basanti Sharma
4. Shri
Gundappa Korwar
5. Shri
Thennala Balakrishna Pillai
6. Shri
Raghavji
7. Shri
K.R. Malkani
8. Shri
Naresh Yadav
9. Shrimati
Jayaprada Nahata
10. Shri
Mohd. Masud Khan
SECRETARIAT
Shri Raja
Ram -Director
Shri M.K.
Khan -Under Secretary
Shri
Jagdish Kumar - Committee Officer
HUNDREDTH AND FIFTH REPORT OF THE
COMMITTEE ON PETITIONS
I, the
Chairman of the Committee on Petitions, have been authorized by the Committee
to present the Report on its behalf, present the Report of the Committee.
2. At a sitting of the Rajya Sabha held on
23rd August, 1995, Shri Sangh Priya Gautam, Member, Rajya Sabha presented a
petition (Appendix-I) signed by Smt. Snehadini Talukdar and an other person
regarding problems faced by Chakma Tribal population in Arunachal Pradesh and
Mizoram.
3. The petition was found to be in conformity
with the provisions of the Rules and Procedures and Conduct of Business in
Rajya Sabha.
Issues
raised in the Petition
4. The petitioner inter-alia stated
that 80,000 Chakma Tribals living in a contiguous belt along Indo-Bangladesh
border, covering the three Districts of Mizoram, namely Aizwal, Lunglei and Chhimtuipui
respectively have been inhabiting this ancestral homeland since centuries
before 1982. Though the 80,000 Chakma Tribal population have been inhabiting
this contiguous area of Mizoram, they have been under four separate
Administrative units, namely, Aizwal District, Lunglei District, Chakma
Autonomous District Council and the Lai Autonomous District Council. As a
result, the cultural, social and political unity of the Chakmas has been
disrupted leading, to gross under-development of Chakmas inhabited areas.
The
petitioner has inter-alia stated that about 30,000 Chakma and Hajong
tribals had migrated to India in 1964 from the Chittagong Hill Tracts in East
Pakistan (now Bangladesh) and were rehabilitated by the Government of India in
the then North East Frontier Agency (NEFA), now Arunachal Pradesh. Their
present population is stated to be around 65,000.
The Chakmas
and Hajong tribals have not been granted Indian Citizenship even after 32 years
of their migration to Arunachal Pradesh. The petitioner has contended that as
per the Assam Accord of 1985, all the migrants who had settled in Assam, on or
before January 1, 1966, were ipso-facto citizens of India. These migrants were
facing lot of difficulties as they were not considered Indian citizens.
6. The petitioner in regard to Mizoram prayed
that -
(i) The ancestral homeland of the Chakmas bordering Indo-Bangladesh on
the Western belt of Mizoram, and all the 80,000 Chakmas inhabiting therein
should be put in a single administrative unit and administered separately
through a suitable Central Government agency, such as Chief Commissioner/Administrator
etc.
(ii) All eligible Chakma voters should be enrolled on the Electoral roll
and no Chakma should be treated as a doubtful foreigner.
(iii) Immediate security measures for the safety of the life and
properties of the Chakmas be taken.
(iv) A special development programme may be undertaken by the Central
Government directly under the ongoing Border Area Development Programme
(B.A.D.P.) envisaged by the Government of India in the Chakma-inhabited areas
of Mizoram.
7. The petitioner in regard to Arunachal
Pradesh prayed that -
(i) The Chakmas and Hajongs of Arunachal Pradesh may be granted Indian
citizenship.
(ii) Ban on employment, admission to schools, medical facilities, trade
and business of Chakmas and Hajongs in Arunachal Pradesh should be lifted
immediately and ration cards restored.
(iii) The virtual economic blockade imposed by the State Government be
immediately withdrawn.
(iv) All victims of deliberate arson at Bijoypur village and other
Chakma settlement areas be compensated.
Comments
of the Ministry of Home Affairs, Government of India
8. Written comments were obtained from the
Ministry of Home Affairs. The Ministry, supplied the comments in respect of
Mizoram on the basis of information supplied by the State Government and in
respect of Arunachal Pradesh on the basis of its own perception as the State
Government, as per the Home Ministry did not supply the information asked from
them on the various issues raised in the petition (Appendix-lI).
Views
of the Petitioners:-
9. The Committee heard the petitioners at
Delhi on the 20th September and 29th November, 1995 respectively.
(i) Chakma Tribals did not face any trouble when Arunachal Pradesh was a
Union Territory and they, were getting every facility that was available for an
Indian, Citizen. Only after 1979, when Arunachal Pradesh was given State
status, Chakmas were harassed and treated as refugees.
(ii) Since 1980, no Chakma has been given employment.
(iii) Government of Arunachal Pradesh vide their circular CS/PR-154/89/99,
had banned the issue of ration cards to Chakmas and Hajongs of Changlang
District.
(iv) Again in 1994, the Government of Arunachal Pradesh expressed its
inability to provide coverage of public distribution systems to Chakmas and
asked them to surrender all the ration cards already held by Chakmas.
(v) The Petitioner had also given the vivid description of other
harrasments like burning of schools, houses, non-availability of medical
facilities and merciless killings of Chakmas. Even some of them died out of
hunger. The Petitioner had submitted several photographs and paper clippings in
support of his evidence.
(vi) The Petitioner informed that Shri M.M. Jacob, Union Minister of
State in the Ministry of Home Affairs, had answered to the Lok Sabha on the
27th February, 1992 that in terms of Assam Accord, all person, who came and
settled prior to 1 January 1966 were given Indian Citizenship. Further, on 27th
February, 1992 Shri M.M. Jacob informed the House that Chakmas had migrated to
Arunachal Pradesh from 1964 onwards. On the basis of Assam Accord, all those
who migrated prior to 1.1.1966 are deemed to be Indian Citizens and those who
came after 25.3.1971 are not to be accorded Indian Citizenship. On this basis,
Chakmas living in Assam, Tripura and Mizoram have been recognized as Scheduled
Tribes.
(vii) In a letter written to Shri Laeta Umbrey, Shri Jacob had
reiterated the same again and mentioned, "the general administration in
the State will have to be convinced that the burden of rehabilitation of these
refugees will have to be shared by the country as a whole.
(viii) The Petitioner stated that time and again the Government has
taken the aforesaid stand on the Chakma issues and answered to the questions
raised in Parliament.
(ix) Chakma issue has been politicised to a great extent and used for
reaping support of native population. For that purpose, the AAPSU (All
Arunachal Pradesh Students Union) has also been instigated against Chakmas.
(x) Chakmas who have migrated to India from 1964 to 1971, their problem
must be clearly distinguished from the problems of the influx of Chakma
refugees into Tripura in the recent past.
(xi) Shri Gegong Apang, Chief Minister of Arunachal Pradesh, on 8
September, 1995 requested the Prime Minister to take steps immediately to
deport Chakma refugees.
(xii) Arunachal Pradesh State Government has also instigated the police
department and the law and order department to help remove the Chakmas out of
Arunachal Pradesh.
(xiii) Chakma Tribal Population is mainly concentrated in three
districts of Arunachal Pradesh i.e. Popumpare, Lohit and Changlang. The
Changlang district has the majority of Chakma Population.
(xiv) At present, Chakmas' total population is 65,000 approximately. Out
of them only 6-7 persons are employed in Government Service. All of them have
adopted agriculture as major source of livelihood. Chakma students are not
getting any monetary help either from the Central or State Government as they
do not possess a Scheduled Tribe Certificate.
Views
of the Home Secretary, Government of India
10. The Committee also heard the views of Home
Secretary on the 21 September, 1996 on the problems faced by Chakma Tribal
Population in Mizoram and Arunachal Pradesh. The Home Secretary informed the
Committee briefly as under:
(i) The State Government has provided high schools, hospitals and
motorable roads in the entire Chakma inhabited area in Mizoram.
(ii) There are three districts in Mizoram. The Southern most district is
called Chhimtuipui. In that particular district, there are three autonomous
Councils based on tribes. They have been given their right according to the
Sixth Schedule of the constitution.
(iii) The entire Mizoram population is about 6 lakhs. There are 54,000
Chakmas.
(iv) In Mizoram, there are two Chakma MLAs out of 40 MLAs and one of the
Chakma MLAs is a Minister.
(v) In Arunachal Pradesh, there were only 14,888 Chakmas who had
migrated to India in 1964 after their homes were uprooted.
(vi) The Committee on Petitions of the Tenth Lok Sabha desired that the Government
of Arunachal Pradesh may be persuaded not to deny basic facilities like
education, trade, ration cards etc. to the migrants for their sustenance. In
view of the long stay over 24 years in India as refugees, the Government should
explore the possibility of granting Indian Citizenship to refugees as far as
possible.
(vii) Between 1964 and 1969, 1,40,000 Chakmas came into Assam. Out of 1,40,000,
about 15,000 refugees were sent to NEFA which is now in Arunachal Pradesh.
Loans and land have been given by the Government to the Chakmas of Arunachal
Pradesh and State Government at one point itself recommended that these people
should be given citizenship.
(viii) The Government of India took the stand that the Chakmas and
Hajongs had been there for so many years from 1964. Now it is 1996 and they
should be granted citizenship. The State Government is not cooperating.
(ix) In October, 1994 complaint regarding stoppage of ration card, ban
on employment and economic blockade of the Chakma settlements was made to the
National Human Rights Commission.
(x) The National Human Rights Commission had asked the State Government
to submit the Report but almost after a year, there is no report.
(xi) The Supreme Court heard the case of complaint and passed an interim
order on 2.11.95 that they were not citizens because no citizenship had been granted
but they were entitled to citizenship under a particular section of the Citizenship
Act.
(xii) The Supreme Court directed in the interim order that even if they
were not citizens, their lives and limbs must be protected and they are
entitled to their lives and limbs and that they cannot be evicted from their
own places.
(xiii) On 9.1.96, a final order was passed directing the State
Government (i) not to take any action to evict them except under due process of
law (ii) application for citizenship should be looked into and sent to the
Central Government (iii) to give police force, Central Police for the
protection of those people on the demand of State Government.
(xiv) A high level group was constituted on 29.12.95 under the Home
Minister of which the Chief Minister is also a member to decide this issue and
find out what needs to be done in this particular issue.
(xv) The Committee could not go to the State because there was no
cooperation from the State Government till this review petition has been
disposed of by the Supreme Court.
(xvi) The contention of the State Government is that they had not been
consulted when these people were settled.
(xvii) The contention of the Chief Minister of Arunachal Pradesh was
that they had been living there for the last 27 years. Citizenship can be given
to them but they should be settled outside his State.
(xviii) There is an Autonomous Council for Chakmas in Mizoram.
(xix) In Arunachal Pradesh, their trade licenses have been stopped and
their ration cards have been cancelled. Delegations of India and Bangladesh
went to a particular area and convinced the people there.
(xx) Shri Upendralal Chakma, a Leader of the Chakmas has said, "We
will not go unless full guarantee is given to us that there will be total
safety."
(xxi) The Bengal Eastern Frontier Regulation, 1873 governs the Inner
Line permit. The provision is that nobody who does not belong to that place can
enter those areas without the permission of the State Government.
(xxii) Recently, about one and a half year back, Mr. Chavan, the then
Home Minister, made a statement about relaxation of the Inner Line Permit.
(xxiii) Restricted Area Permit (RAP) from Assam, MeghaIaya and Tripura
has been removed with effect from 19 May 1995.
Visits
undertaken by the Committee
11. The Committee undertook study visit to
Itanagar and Agartala from 1st to 5 November, 1996. The Committee also heard
the views of the State Government of Arunachal Pradesh and Tripura and Representatives
of Chakmas and indigenous people during the course of the study visits. The
view gathered are as under:
Views
of the Representatives of Non-Chakmas of Arunachal Pradesh
12. The
Committee heard non-Chakmas at Naharlagun on 2 November, 1996. Their views in brief
are:-
(i) India as a nation must protect the interests of minority tribes, who
are mostly below the poverty line. In spite of the existing legal functioning
in the form of Inner Line Regulation, the migrant population of the more
advanced people from other States is increasing day by day. In order to gain
foothold in the tribal State, the migrant population indulges in activities
which often results in communal conflicts.
(ii) About 80% of the native population is below the poverty line and
are ignorant.
(iii) India must not legalize the stay of the Chakmas and other
outsiders in the State. The Government must wait for 80 percent of the native
population of the state to reach a stage when they can consider themselves
equal partners in the nation building.
(iv) The total population of the Chakma tribals although scattered in
different parts of South-East Asia, is more than the native population of
Arunachal Pradesh.
(v) Our country has enough tribals whose living conditions are below
than those of the Chakmas. Thus, it becomes imperative that the country gives
priority to the interests of its own tribals, particularly of those, whose
existence is being threatened, like the natives of Arunachal Pradesh.
(vi) In an Institute like North Eastern Regional Institute of Science
& Technology (NERIST), where class XI and Class XII levels are also taught,
requirements for appointment to lecturers' posts to the local tribals must be
relaxed. The backlog of over 10 years for Scheduled Tribes must be filled up in
order to absorb more of the existing indigenous (read local) human resources.
(vii) The population of indigenous tribals is not more than 6 lakhs. If
60,000 population of Chakma and Hajong refugees are granted citizenship and
allowed to stay in Arunachal Pradesh, their population shall comprise a
sizeable chunk of tribal population and shall encourage influence of Chakmas
and Hajongs from all over the world.
(viii) Their population will overgrow and completely overwhelm the
indigenous population rendering them to minority in their own State.
(ix) The natives will not allow the refugees to stay in Arunachal
Pradesh at the cost of indigenous people of Arunachal Pradesh.
(x) Appeal to the Central Government to take immediate action for
removal and deportation of Chakma and Hajong refugees from the land of
Arunachal Pradesh.
(xi) In the year 1964, a large number of Chakma and Hajong refugees
migrated to India due to displacement caused by Kaptai Hydel Project in
Chittagong and also to escape persistent religious persecution.
(xii) Chakmas and Hajongs are natives of Chittagong Hill Tracts and
Maimen Singh district of the then East Pakistan (now Bangladesh)
(xiii) Chakma and Hajong refugees were settled in Arunachal Pradesh
purely on temporary basis. This settlement was done surreptitiously without
taking the consent of the indigenous people.
(xiv) On the contrary, one of the Chakma appealed to the Hon'ble
Guwahati High Court which after going into the details of all facts and various
legal provisions ruled that the Chakmas settled in Arunachal Pradesh are
Foreigners.
(xv) The Hon'ble Supreme Court also ruled that Chakma refugees are
foreigners and they have no right to have permanent abode in the State and that
the State Government has the authority to evict them.
(xvi) Chakma and Hajong refugees are not only encroaching upon the
community land of indigenous people but are also indulging in heinous crimes of
murder, arson and loot, encroachment of Reserved Forest, manufacturing arms and
ammunition, training their youth in underground activities.
(xvii) There are altogether 76 cases registered upto November, 1979
against the Chakmas and most of them related to theft, assault and other cases
under the Forests Act.
(xviii) If Chakma/Hajong refugees are not removed from Arunachal
Pradesh, days are not far when the prevailing peace and tranquility of the
State will give way to disruptive forces and turmoil.
(xiv) If the Government of India is insisting for settling the
Chakma/Hajong refugees in a protected area, and if the refugees are settled
permanently after granting citizenship, it is bound to open a flood-gate and
invite similar demands from Tibetan refugees, Bangladeshis, Nepalese and others
for permanent settlement in Arunachal Pradesh.
(xx) In Diyun Government Secondary School, there are more than 1900
Chakma and Hajong students with four local indigenous students.
(xxi) Refugee students are dominating the local students psychologically
and physically. They are also threatening the local indigenous people not to
collect any contributions and donations from their (refugees) dominated areas
and claim that the land is theirs (Refugees).
(xxii) Refugee students are misguided by the Chakma leaders who are
staying out of Arunachal Pradesh, engaging them to violence to create havoc
type of psychosis to the indigenous people and against the Government of
Arunachal Pradesh.
(xxiii) The Chakmas have created an environment of fear and danger to
lives of local indigenous people.
(xxiv) The local people cannot visit the refugee dominated areas.
(xxv) The refugees have conveyed to the Arunachal Students Federation
(ASP) that they are eager to leave Arunachal Pradesh if the Central Government
provides them a settlement area elsewhere.
(xxvi) The leaders and GBs (Gaon Buras) of Chakmas and Hajongs also want
that they should be granted compensation if deported from the soil of Arunachal
Pradesh.
(xxvii) The ASF also found that the living conditions of the local
indigenous people of Shingpos, Khamtis, Thangsas and Indian citizens are in a
pitiable condition in the refugee dominated areas.
(xxviii) The Chakmas and Hajongs who are settled in a fertile land in
Diyun and Miao are enjoying all the living standard with fertile cultivable
lands. They have established business in Diyun with concrete houses and other
Civic amenities which the local people had been deprived of.
(xxix) Refugees are also contributing funds for purchase of arms and
ammunition to fight against the indigenous people of Arunachal Pradesh.
(xxx) The social pattern of Arunachal Pradesh comprises 22 major tribals
and various sub-bodies which is multi-lingual and multi-cultural.
(xxxi) These indigenous tribals who are not more than 6 lakhs in
population are living peacefully and with harmony.
(xxxii) The Protected Area Order of 1958 and other relevant Acts and
Rules categorically state that Chakmas are foreigners and that they have no
rights and claim to have permanent settlement in the State of Arunachal Pradesh
and that the State Government has the authority to evict them out of the State.
Views
of State Government of Arunachal Pradesh
13. The Committee heard the representatives of
State Government of Arunachal Pradesh at Naharlagun on 2 November 1996. Their
views in brief are:-
(i) The Chakmas in Arunachal Pradesh may be shifted to places other than
the State of Arunachal Pradesh.
(ii) The Guwahati High Court has declared Chakmas as foreigners, since
they have no right to vote.
(iii) The number of Chakmas in Arunachal Pradesh is about 60,000/- as
per Refugees calculation.
(iv) For acquiring land, one has to be an indigenous person.
(v) Land cannot be given to Chakmas under Legislation passed in 1873 and
under the existing laws.
(vi) About 10 schools for Chakmas and non-Chakmas children are
functioning there. There is no difficulty in running those schools.
(vii) The people of Arunachal Pradesh have been tolerating the Chakmas
for the past 30 years.
(viii) There is no political problem in the State.
(ix) The problem of settlement of Chakma and Hajong Refugees in
Arunachal Pradesh arose during the period of 1964-69. During that time, there
was no popular Government in Arunachal Pradesh. In 1964, North-East Frontier
Agency (NEFA) was administered by the Central Government, through the Governor
of Assam. The Indian People have not been consulted on the settlement of
Chakmas in Arunachal Pradesh.
(x) The Chakmas are foreigners so they are not entitled to vote.
(xi) The customary laws of the indigenous tribal people have been
violated and their traditional rights have been encroached upon by allowing
settlement of Chakma and Hajong refugees by the Central Government much against
their wishes.
(xii) The indigenous tribal people of Arunachal Pradesh are of the view
that the presence of Chakma and Hajong refugees on their soil is a serious
threat to their own survival, their age-old customs and traditions and also the
peace.
(xiii)There is nothing common between the tribal people of Arunachal
Pradesh and the Chakma refugees.
(xiv)Under the Constitution of India, Arunachal Pradesh has been given
special status
(xv) The Chakma and Hajong refugees hail from Chittagong Hill Tracts and
Maimen Singh District respectively of erstwhile East Pakistan (now Bangladesh).
(xvi) Arunachal Pradesh, the youngest State of the Union of India, has
been the most peaceful State in the North-Eastern Region of the country.
(xvii) There is Chakma lobby in Delhi. They go to Minister for
assistance and they have association in Delhi. They also go to Human Rights
Commission.
(xviii) A day will come when Chakmas will be in majority, and indigenous
tribal people of Arunachal Pradesh will be in minority.
Views
of the Representatives of the Chakmas of Arunachal Pradesh
14. The Committee heard the views of
representatives of Chakmas of Arunachal Pradesh at Calcutta on 3 November,
1996. The views in brief are:-
(i) A large number of Chakmas from erstwhile East Pakistan were
displaced by the Kaptai Hydel Power Project, 1964.
(ii) Since a large number of refugees had taken shelter in Assam, the
State Government had expressed its inability to rehabilitate all of them and
requested assistance in this regard from certain other States.
(iii) They were also allotted some land in consultation with local
tribals.
(iv) The Government of India had also sanctioned rehabilitation
assistance @ Rs.4,200/- per family. The present population of Chakmas in
Arunachal Pradesh is estimated to be around 65,000/-.
(v) In recent years, relationship between citizens of Arunachal Pradesh
and Chakmas have deteriorated, and the latter have complained that they are
being subjected to repressive measures with a view to forcibly expel them from
the State of Arunachal Pradesh.
(vi) The Chakmas have been residing in Arunachal Pradesh for more than
three decades having developed close social, religious and economic ties. To
uproot them at this stage would be both impracticable and inhuman.
(vii) The Census Figures for Chakma and Hajong resettlements in
Arunachal Pradesh indicate that in 1981, 24083 Chakmas and 1433 Hajongs and in
1991 Census 30062 Chakmas and 2134 Hajongs were recorded.
(viii) The State Government of Arunachal Pradesh, have reiterated their
stand that Chakma/Hajong refugees should be shifted from Arunachal Pradesh.
(ix) As regards those people from the erstwhile East Pakistan (now
Bangladesh) who had migrated to India, a joint statement was issued by the
Prime Ministers of India and Bangladesh after detailed talks at New Delhi in
February 1972.
(x) In August, 1994, the AAPSU (All Arunachal Pradesh Students Union)
demanded the expulsion of all foreigners including the Chakma/Hajong refugees
from Arunachal Pradesh.
(xi) The Central Government has been advising the State Government to take
all necessary steps for providing security to all residents including
Chakmas/Hajongs and to take steps to control the explosive and worsening
situation.
(xii) In the light of the reports of the hardships faced by Chakmas, the
Central Government have also advised the State Government to provide normal
supply of essential commodities and medical facilities.
(xiii) The AAPSU started enforcing economic blockade of the refugee
camps resulting in adverse effects on supply of rations, medical and other facilities
to the refugees.
Views
of the Representatives of Chakmas of Tripura
15. The Committee heard the views of
representatives of Chakmas of Tripura at Agartala on 4 November, 1996. Their
views in brief are:
(i) So long as the CHT refugees are living in Tripura, their ration
scale be reviewed and improved so that their grievances in the camps are
ameliorated.
(ii) The influx of Chittagong Hill Tract refugees presently living in
Tripura which took place in 1986 and onwards is purely political in nature.
(iii) The Government of India was generous enough to shelter them on
humanitarian ground but the scale of ration sanctioned for them is very meagre.
(iv) Sri Lankan refugees were getting a dole of Rs. 75/-every fortnight
per adult a family and free medicine, free education and highly subsidized
rations, whereas Chakmas are being given paltry sum.
(v) Setting up of an impartial inquiry commission composed of members of
the judiciary, submission of a white paper on the incidents, exemplary
punishment to be given to those guilty of attacking the innocent tribals.
(vi) Grants of compensation of at least Rs 2,00000 in cash per affected
family or more if the judicial commission (to be set up) so recommends.
(vii) Removal of all Bengali settlers from Langadu and other areas of
the greater Chittagong Hill Tracts Region.
(viii) Government guarantee that incidents like the Langadu massacre
Will not occur in future.
(ix) State Government has allocated land to the Chakma Refugees.
(x) Refugees from Sri Lanka became Indian Citizens on the basis of 1964
Agreement between India and Sri Lanka .
(xi) Chakmas have been given meagre ration from Government in comparison
to other Chakma refugees living outside Tripura.
(xii) The area MPs are not worried for their problems. They never tried
to visit their areas. Chakma representatives requested the Committee on
Petitions of Rajya Sabha to visit their Refugee Camps to witness their pathetic
condition.
Views
of State Government of Tripura
16. The Committee heard the views of
representatives of State Government of Tripura at Agartala on 4 November, 1996.
Their Views in brief are:
(i) The first batch of tribal refugees from Bangladesh entered into
Tripura in April 1986.
(ii) Again, during the period from May, 1989 to July, 1989 there was a
fresh influx of Tribal refugees numbering about 25,000 persons, taking the
total number of refugees to 67,000 persons. Thereafter, the strength came down
to 53,418 persons.
(iii) The refugees belong to three main tribes namely, Chakma, Tripuri
and Mog, of which majority are from the Chakma community.
(iv) The tribal refugees have been sheltered in six relief camps of
South Tripura District, temporarily constructed for them, of which 5 relief
camps are under the jurisdiction of S.D.O., Amarpur and the sixth is under the
jurisdiction of S.D.O. Sabroom.
(v) There was fresh influx of 3146 tribal refugees from Chittagong Hill
Tract of Bangladesh from 25 April, 1992.
(vi) The refugees are provided ration consisting of rice, salt, dal,
edible oil, coconut oil, dry fish, dry chilly, fire wood and cash dole.
(vii) Pocket allowance and clothing every year, blankets - once in three
years.
(viii) In addition to the above benefits, medical facilities, drinking
water sources and educational facilities are provided in each of the relief
camps.
(ix) Several official teams of Bangladesh have also visited the Relief
camps at different times to convince the refugees for their repatriation on the
ground that the conditions now prevailing in C.H.T. are conducive.
Comments
Of State Government Of Mizoram:
17. Written comments were obtained from the
State Government of Mizoram (Appendix-III). The Comments in brief are as
under:-
18. Regarding Chakmas settlement in Mizoram the
State Government informed that during the British period, the Chakmas were
under proper control through the local Mizo Chief who looked after them through
the Karbari. Their habitations were confined only to South Lushai Hills. For ensuring
effective control of their settlements, specific principles were laid down
which, in brief are:-
(i) No further application for settlement will be considered but for the
most exceptional reasons.
(ii) Passes for new separate houses will be considered except where the
applicant is-
(a) the grown-up married son of a Chakma who has been settled for at
least ten years in Lushai Hills.
(b) the grown-up married grand-son of such settlers. In both cases,
applicant must be a permanent resident of Lushai Hills. Passes for daughters
will not be considered.
(iii) The site of each Chakma basti will be decided by the Chief (former
Lushai Chief) in consultation with the Karbari and will be reported to the
Circle Inspector. The site will not be changed without permission from the
S.D.O.
(iv) The basti shall consist of not less than 15 houses.
(v) The Chakmas will make and maintain throughout the year foot path
from their bastis to the Chief's village.
(vi) The rules about cutting jhums on the river banks will be strictly
observed.
(vii) Chief will be responsible for the general control of Chakmas in
their 'Ram' (land). They will work through Karbari who will be removable.
(viii) Mass movement of a whole or a large part of a basti from one
Chief's 'Ram' (land) to another will require the sanction of the S.D.O. or
Superintendent.
19. Regarding reports of the number of houses,
the State Government informed that there were 93 houses (families) of Chakmas
in Circle XlI and 857 houses (families) in Circle No. XVIII. The total was 950
houses (families) and the population would be about 5,000 in 1946. The Chakmas
were confined in those two circles only. The British Government used to grant
sparingly permission to settle down in the Lushai Hills to the Chakma
applicants with a clear condition that they would be the subjects of the Chief
of the villages. After 1947, due to absence of proper arrangements to prevent
their entry into Mizoram, the Chakmas started infiltrating into Mizoram.
20. Regarding population of Chakmas, it was
informed that upto 1947, there were about 5,000 Chakmas who were permitted to
settle in Mizo Villages. After 1947, due to the absence of proper arrangements
to prevent their entry in Mizoram, the Chakmas kept on infiltrating into
Mizoram. The 1991 Census final figures are yet not available. The provisional
figure is 54,149. In their recent Memorandum to the Prime Minister, the Chakma
leader contended that there are about 80,000 Chakmas in Mizoram. In 1972, the
Chakma Autonomous District Council was created. Due to the absence of proper
arrangements to prevent entry from across the border, the Chakmas kept on infiltrating
into Mizoram. The illegal infiltrators made their settlements at places of
their own choice. It is the considered view of the State Government that the
demand of the petitioners for carving out from the State of Mizoram a separate
administrative unit for the Chakmas is totally unjustified and completely out
of question. Regarding influx of foreigners and deletion of names of Chakmas
from Electoral Rolls, the State Government informed that the continuing influx
of illegal foreigners both from Myanmar and Bangladesh in larger scales has
demanded serious concern. The problem poses serious threats and it is
imperative for the Government to adopt measurers to it is imperative to for check
such continued infiltration. Under such compelling circumstances, the State
Government decided to take action to detect and deport all foreigners illegally
staying in Mizoram. The scheme is for detection and deportation of foreigners
illegally residing in Mizoram whether they are from Myanmar, Bangladesh or any
other country. The scheme will be operated through the Government agencies only
and deportation of illegal foreigners will be done through legal process only. Instructions
issued in this regard:
(a) In the
first phase, persons whose names are not included in the recently prepared Electoral
Rolls, who can prima facie be regarded as foreigners will be targeted.
(b) A
public Notice requiring all foreigners to leave Mizoram within a period of two months
will be issued by the Deputy Commissioner concerned.
(c) Simultaneously
a team of officers formed by the Legislative Deputy Commissioner will visit the
villages/towns in which foreigners are suspected to be present and prepare a
list of foreigners based on electoral rolls.
(d) After
expiry of the period specified in the public Notice issued by the Deputy Commissioner
concerned, Teams of officers each consisting of Magistrates, Police Officers
and other concerned officers will visit the villages, towns, arrest and put on trial
any foreigners found remaining in the village/town and issue orders of deportation
to those convicted.
(e) In the
second phase, cases of other suspected foreigners, including those who have been
enrolled as voters will be taken up
21. The above scheme was only for detection and
deportation of foreigners illegally residing in Mizoram. It is not intended for
causing harassment to Indian Chakmas.
22. The allegation that the M.Z.P. (Mizo
Students Union) had connived with the State Government in deletion of Chakma
voters from the Electoral Rolls is entirely wrong. The preparation of Electoral
Rolls was conducted by the election machinery of the State Government strictly
in accordance with the instructions issued by the Election Commission of India.
There was no deletion of Chakma names as such from the Electoral Rolls as
alleged in the petition. A complaint was submitted by Chairman, Chakma
Autonomous district Council to the Election Commission of India on the same
matter. The Election Commission of India after proper investigation found that
the allegation was not correct.
23. On the Report regarding burning of houses of
Chakmas in Marpara, Hnahya and Sachin villages, it has informed that the houses
of Marpara I and II could not be saved due to shortage of man-power. On
30.8.1992, houses of Aivapui were burnt. Some houses at Sachan (Lunglei
district) were also burnt. The causes of burning of houses and death of Hari
Mohan Chakma of Aivapui are the direct retaliation by the angry and uncontrollable
mob collected from various villages on account of two persons missing who were
believed to have been killed by Chakmas. The State Government
informed
that payment of Rs. 17,06,862/- was made towards compensation and relief to 304
affected families. Full report of the incident were furnished to the Government
of India.
24. Regarding Development Schemes, the State
Government has informed that an Autonomous District Council was granted to
Chakmas in the year 1972. The Council received an average annual budget
allocation of Rs.5/- crores. The Chakmas have at present two sitting M.L.As. in
the State Legislature and one of them is a Minister. The entire funds provided
by the Government of India under Border Area Development Programme are utiltsed
for various developmental works in the areas bordering Bangladesh where the
Chakmas have now settled. The State Government have opened High Schools in all
the big villages of Chakma inhabited areas viz. Tlabung, Chawngte, Marpara,
Borapanauri, Parva and Kamalanagar. Two Primary Health Centres, two subsidiary
Health Centres and 32 Sub-Health Centres, have been opened in Chakma inhabited villages.
As for road communication, all the big villages of the Chakma inhabited areas
have been connected by motorable roads. Under the Government of India's scheme
of India-Bangladesh Border Roads, the Border Road Task Force has been
undertaking construction of roads from Demagiri (Tlabung)
Khojoisury-Borapansary and Denagri- Bindesure- Marpara and major portion of the
projects has been completed.
25. In addition to above, the State Government
of Mizoram have also submitted.
(i) That no part of Mizoram was ever the ancestral homeland of the
Chakmas. The demand for carving out from Mizoram State a separate
administrative unit for the Chakmas is totally unjustified and completely out
of the question.
(ii) That the State Government have been following the relevant
provisions of law and the instructions issued by the Election Commission of
India in the matter of registration of voters and it will continue to do so.
The State Government is aware that providing security to all the bonafide
citizens is the responsibility of the Government and the Government will take
all necessary actions to ensure safety and security of the loyal citizens and
their properties; and
(iii) That due care and attention have been taken by the State
Government to bring about all-round development of all sections of the society.
There is no need for introducing a separate development programme from the
Central Government for the Chakma community.
Views of Chief Secretary, Mizoram
The
Committee heard the oral evidence of the Chief Secretary of Mizoram on the 21
March, 1997 in New Delhi. The Chief Secretary agreed that there were some
Chakmas in the Southern parts of Mizoram right from the time when the British
ruled. The number of Chakmas was very small but they were not included in the
Scheduled Tribes list of 1950 and there was a steep increase within 10 years
and this was because of infiltration. These Chakmas were not treated as
indigenous people. The
foreigner
(Chakmas) were detected and excluded from the electrol roll. A complaint was
also made by the Chakmas to the Election Commission but after enquiries, the
Election Commission found complaint unsubstantiated. They went to Guwahati High
Court which also rejected the Petition. Then they went to Human Rights
Commission. The Human Rights Commission gave a right to the State Government to
detect and push back the foreigners. It was done strictly according to Law. The
State Government has taken up the Programme of detection and pushing the
foreigners back. It is a fact that non-political organisations and even student
bodies are involved in this.
27. As far as different administrative units are
concerned, he has mentioned that originally they were confined to the area
which is now covered by two Legislative Assembly Constituencies. Chakmas crossed
the areas and spread in three districts of Mizoram-Aizwal, Lunglei, Chakma
Autonomous District Council and Lai Autonomous District Council. But these
District Councils come under one district area. He has further stated that
Indian Chakma are treated well. The Chakma District Council the area of which
is 907 sq. kms., has a number of high schools, 15 middle schools and 84 primary
schools. Though this District Council has been given only 5 crores allocation,
the Government is spending more than 65% on Chakma-inhabited areas. There is
the Border Area Development Programme. The Chakma District Council has never
complained of shortage of funds. He agreed that employment, literacy etc. are
very low as far as the Chakmas are concerned. The Chakmas were like criminal
tribes and very migratory. The Chief Secretary opposed the idea of expansion of
the area of Chakma Autonomous District Council and putting it under the Central
Rule.
Views
of Shri M K Khisha, an Expert
28. The Committee heard the oral evidence of
Shri Khisha on the 21 March, 1997 in New Delhi.
29. He has stated that Mizos are treating
Chakmas as enemies and this enmity is because they helped the Indian Army to
maintain law and order in Mizoram when Mizos were fighting for independence. The
Mizoram Government are not taking proper Census. There is a discrepancy in the
population figures. They formed Chakma Autonomous District Council for local
administration but are providing a meagre fund/allocation. 50% of Chakmas are
outside the District Council and the Council is not doing much in reviving the
ethnic, cultural and social traditions of Chakmas. He has requested that Chakma
Autonomous District Council be extended to other Chakma-inhabited areas. He has
further stated that the Chakmas under the Mizoram Government, are subjected to discrimination,
harassment and intimidation. He has requested for a separate administrative
Unit, preferably under the Central Government. Shri Khisha added that even
after reaching their home-land in Chittagong Hill Tract, they are refugees.
Shri Khisha also opined that U.N. High Commissioner for Refugees and
International Committee for Red Cross should be involved for repatriation and
resettlement.
OBSERVATIONS
AND RECOMMENDATIONS.
30. The Chakma problem in the North East has
evaded solution for a long time. The Government of India's handling of the
matter over the past three decades had been far from satisfactory. Even the Indira
- Mujib Accord of 1972 has not been implemented with required enthusiasm and
sincerity. Now the problem has acquired grave proportions. The gravity of the
problem can be gauged from the fact that when the Committee visited the
Arunachal Pradesh, it had to face an angary protest of the
students at
the helipad for more than two hours. However, it is a matter of relief that
negotiations with the Government of Bangladesh in the recent past have borne
fruits and Bangladesh has agreed to take back 50,000 Chakmas of Tripura and the
first batch of 5000 Chakmas has already been accepted by Bangladesh. There is
an urgent need for keeping the goodwill alive between the two countries and it
can reasonably be hoped that this goodwill will yield more fruitful results in
the near future.
31. Since the nature and gravity of the problem
differs from State to State, the succeeding paras deal with the problem
Statewide:
Mizoram:
32. The Committee has considered the views
placed by representatives of Chakmas and the State Government of Mizoram. The
Chakmas have, inter-alia, demanded that the Western belt of Mizoram inhabiting
80,000 Chakmas should be put in a single administrative unit and be
administered separately through a suitable Central Government agency (map
enclosed Appendix-lV). They have also demanded voting rights, security and
special development programmes for the Chakmas of the State. The State
Government of Mizoram has however strongly opposed carving out of a separate administrative
unit for the Chakmas and is adamant on deporting the Chakmas who came
thereafter 25.3.1971. The State Government has also contended that adequate
developmental schemes have been undertaken in Chakma-inhabited areas. They have
stated that there are 3 High Schools, 15 Middle Schools and 84 Primary Schools
(Appendix-V), 2 Primary Health Centres, 2 Subsidiary Health Centres and 32
Sub-Health Centres in Chakma-inhabited areas (Appendix-II).
33. The Committee feels that in case of
Chittagong Hill Tracts which is the home-land of Chakmas, a historical
injustice has been done. As the Chakma population in Chittagong Hill Tracts was
more than 98%, it should have, as per the formulae devised at the time of
Partition, been given to India and the Chakmas should have been, by virtue of
that fact, citizens of India. For that reason, the Chakmas are to be treated
differently from other refugees and thus with sympathy and on humanitarian
basis.
34. The Committee, after considering all facts,
feels that the expansion of the area of Chakma Autonomous District Council may
be considered after taking into account the density of population, the
percentage of Chakmas in those areas and their overall conditions etc. The
Committee feels that the Autonomous District Council after expansion may be put
under the direct control of the Centre for a period till the Chakmas living
conditions come at par with other inhabitants of the State.
35. As regards the conditions in Chakma
Autonomous District Council, the Committee feels that the situation is not all
that happy. The basic amenities being provided are inadequate, literacy rate is
quite low and backwardness is all pervading. The funds being given by the State
Government to the Council are Rs. 6/- crores out of a Budget allocation of
Ra.600/- crores which are extremely insufficient. Moreover, the ratio of
Chakmas in Mizoram comes to 1:10 in comparison to other communities. The
Committee, therefore, recommends that in order to bring the inhabitants of
Chakma inhabited areas at par with other people of the State, the Chakma
Autonomous District Council be allocated the development funds on pro-rata
basis, i.e. in the ratio of 1:10
36. As regards the issue of Chakma refugees, the
Committee has been informed that the State Government is ready to accommodate
those refugees who came there before 25.3.1971. It would mean that the problem,
can be solved on the basis of the principles enshrined in the Indira-Mujib Accord
of 1972. The Committee, therefore, recommends that the Chakma refugees who came
to the State of Mizoram prior to 25.3.1971 may be granted citizenship. The
Committee further recommends that the Chakmas who are born in India, should
also be granted citizenship. The Committee also recommends that the Chakmas who
are so granted the Indian citizenship, be declared as Scheduled Tribes. As
regards the refugees who came to the State after 25.3.1971, the Committee
recommends that negotiations be held by the Government of India with the
Government of Bangladesh on the lines of Indira-Mujib Accord and the Government
of Bangladesh be persuaded to accept them as all of them came from that
country.
(ii)
Arunachal Pradesh
37. The Committee have noted that the Chakmas
have demanded citizenship, stoppage of their harassment, lifting of ban on
their employment, allowing admission to schools, providing medical facilities,
trade and business facilities, restoration of ration cards and compensation to
the victims of atrocities.
38. The Committee have also noted the contention
of the representatives of non-Chakmas and the State Government of Arunachal
Pradesh that the presence of Chakmas in Arunachal Pradesh is a threat to their
survival, their culture. tradition and peace and that the Chakmas should be
evicted from Arunachal Pradesh .
39. The Committee have also noted the following
observations of the Supreme Court in the case of National Human Right
Commission Vs. State of Arunachal Pradesh and Union of India (Judgement delivered
on 9.1.1996):-
"There
is no doubt that Chakmas who migrated from East Pakistan (now Bangladesh) in
1964 first settled down in the State of Assam and shifted to areas which now
fall within the State of Arunachal Pradesh. They have settled there since the
last about two and a half decades and raised their families in the said State.
Their children have married and they too have had children. Thus, a large
number of them were born in the State itself. If a person satisfies the
requirements of Section 5 of the Citizenship Act, he/she can be registered as a
citizen of India. The procedure to be followed in
processing
such requests has been outlined in part II of the Rules. According to these
Rules, application for registration has to be made in the prescribed form, duly
affirmed, to the Collector within whose jurisdiction he resides. Under Rule 9,
the Collector is expected to transmit every application under Section 5 (1)(a)
of the Act to the Central Government. The Collector has merely to receive the
application and forward it to the Central Government. The DC or Collector, who
receives the application should be directed to forward the same to the Central
Government to enable it to decide the request on merit.
The Supreme
Court has further added that no person can be deprived of his life or personal
liberty except according to procedure established by law. Thus, the State is
bound to protect the life and liberty of every human being, be he a citizen or
otherwise. The State is duty bound to protect the threatened group and if it
fails to do so, it will fail to perform its Constitutional as well as statutory
obligations. The State Government must act impartially and carry out its legal
obligations to safeguard the life, health and well-being of Chakmas residing in
the State without being inhibited by local politics."
The Supreme
Court, accordingly, directed that -
(i) The State of Arunachal Pradesh shall ensure that the life and
personal liberty of each and every Chakma residing within the State shall be
protected and any attempt to forcibly evict or drive them out of the State by
organized groups shall be repelled.
(ii) The Chakmas shall not be evicted from their homes and shall not be
denied domestic life and comfort therein except in accordance with law.
(iii) The quit notices and ultimatums issued by the AAPSU and any other
group which tantamount to threats to the life and liberty of each and every
Chakma should be dealt with by the State of Arunachal Pradesh in accordance
with law.
(iv) The application made for registration as citizen of India by the
Chakma shall be forwarded by the Collector or the DC who receives then under
the relevant Rules with or without enquiry, as the case may be to the Central
Government for its consideration in accordance with law.
40. The Committee after carefully considering
the all facts and the whole issue has come to the conclusion that Arunachal
Pradesh is the only State in the North East which has three International boundaries
(with Bhutan. China and Myanmar), which is strategically very important and
which has also relatively calm and insurgency free. It is the sincere desire of
the Committee that a reasonable solution is found out to the problems and
Justice is done to all.
41. The Committee feels that the spirit of the
Indira-Mujib Accord as well as the Judgement of the Supreme Court in the matter
may be made applicable to all the affected States for the solution of the
problem. As per the Accord, all those Chakmas who came to India prior to
25.3.1971 are to be granted Indian citizenship.
42. The Committee, therefore, recommends that
the Chakmas of Arunachal Pradesh who came there prior to 25.3.1971 be granted
Indian citizenship. The Committee also recommends that those Chakmas who have
been born in India should also be considered for Indian citizenship. The Committee
further recommends that the fate of those Chakmas who came to the State after
25.3.1971 be discussed and decided by the Central Government and State
Government Jointly. The Committees also recommends that all the old
applications of Chakmas for citizenship which have either been rejected or
withheld by Deputy Commissioners or the State Deputy Commissioner or the State Government
continue to block the forwarding of such applications to Central Government,
the Central Government may consider to incorporate necessary provision in the
Rules (or the Act it so required) whereby it could directly receive, consider
and decide the application for citizenship in the case of Chakmas of Arunachal
Pradesh. The Committee also recommends that Chakmas be also considered for
granting them the status of Scheduled Tribes at the time of granting the
citizenship. The Committee would like to earnestly urge upon the Central
Government and State Government to ensure that until amicable solution is
arrived at, the Chakmas are allowed to stay in Arunachal Pradesh with full
protection and safety, honour and dignity.
(iii)
Tripura:
43. The representatives of Chakmas of Tripura
are of the view that so long as the Chittagong Hill Tract refugees are living
in Tripura, their ration scale be reviewed and improved so that their grievances
in the camps are ameliorated. The influx of Chittagong Hill Tract refugees
presently living in Tripura which took place in 1986 and onwards is purely
political in nature. The Government should ensure that incidents like Langadu
massacre do not occur in future. Refugees from Sri Lanka became Indian citizens
on the basis of 1964 Agreement between India and Sri Lanka and the Chakma
refugees in Tripura may also be accorded same treatment.
44. The State Government of Tripura have stated
that the first batch of Tribal refugees from Bangladesh entered into Tripura in
April, 1986. Again, during the period from May, 1989 to July, 1989, there was
fresh influx of Tribal refugees numbering about 25,000 persons taking the total
number of refugees to 67,000 persons. Thereafter, the strength came down to
53,418 persons. The refugees belong to the three main tribes namely Chakma,
Tripuri and Mog, of which majority are from the Chakma community. There was
fresh influx of 3146 tribal refugees from Chittagong Hill Tracts of Bangladesh
from 25th April, 1992. Several Official Teams of Bangladesh have also visited the
Relief Camps at different times to convince the refugees for their repatriation
on the ground that the conditions now prevailing in Chittagong Hill Tracts are
conducive. The Government of Tripura are ready to accommodate the Indian
Chakmas whereas foreigners/Bangaladeshi Chakmas are not acceptable to them.
Recently, after a Bangladesh delegation's visit to Tripura, the Chakma refugees
have agreed
to go back to Bangladesh. The first batch of about 5000 Chakmas have already
gone back.
45. The Committee during its visit to Agartala
found that there are Indian Chakmas also in Tripura who complained of severely
inadequate facilities and discrimination in various respects.
46. The Committee, therefore, recommends that
special schemes be launched for overall upliftment of Indian Chakmas in
Tripura. The Central Government should also provide adequate financial
assistance to Government of Tripura for the purpose. The Government of Tripura
must ensure safety and security of Indian Chakmas in that State.
The Committee hails the efforts made/being made in seeking peaceful
solution of the problem with the Government of Bangladesh and exhorts all
concerned to keep the good will going between them and continue to work toward
finding peaceful and lasting solution to the problem.
NEW DELHI: (O.
RAJAGOPAL)
14 August
1997 CHAIRMAN
COMMITTEE ON PETITION
Source: http://www.aitpn.org/StatelessIPs/Rajyasabha.pdf
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