NIRMA UNIVERSITY
INSTITUTE OF LAW
B.A.,LL.B (Hons.) Course ACADEMIC YEAR 2012-2013
CONSTITUTIONAL CONSTITUTIONAL LAW-I
Constitutionalism Constitutionalism vis-a-vis Soveregnty and Democracy
PREPARED AND SUBMITTED BY:
SUBMITTED TO:
MANUSHI YADAV (11 BAL 127)
Asst. Prof. Hardik Parikh
B.A.LL.B. (Hons.) Course
Constitutional Law-I
Sem III, Sec. “B”
ILNU.
Introduction India's Far East comprises an area of 255,000 square kilometers. Its demographically larger neighbor, Bangladesh on account environmentallyinduced displacement and involuntary economic migration has been the source of several million immigrants. Two streams of migrants resulted: the Chakmas of the Chittagong Hills Tract, a tribal minority displaced by the impoverished population from the plains of Bangladesh. Designated in India as refugees and illegal migrants respectively these migrants have often been viewed as a threat to local demographic equations. 1 In 1964, approximately 35,000 Chakmas and Hajongs from the erstwhile East Pakistan (now Bangladesh) migrated to India. They were issued valid migration certificates and settled in the then North East Frontier Agency, the present Arunachal Pradesh. The present population of the Chakmas and Hajongs is estimated to be around 65,000 persons. All other migrants who came before 25 March 1971 were given citizenship under the Indira-Mujib Agreement of 1972. However, instead of granting citizenship to these Chakmas and Hajongs, the State Government perpetrated a series of atrocities on the Chakmas and Hajongs. This compelled the National Human Rights Commission of India to approach the Supreme Court of India in October 1995. The Honourable Supreme Court found that there was primafacie evidence of atrocities perpetrated by the State Government of Arunachal Pradesh. 2
1
Anup Saikia, Refugees, Illegal Migrants and Local Perceptions in India's Far East: Paper presented at the XXVth IUSSP International Population Conference held at Tours, France 18-23 July 2005. 2
Mr. R V Pillai ,Secretary General , National Human Rights Commission, Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh.
Statement of problem Migration, the impact of refugees and more significantly illegal immigrants on India's north eastern region and the scope of the Citizenship Act, 1955.
Objectives •
To study the causes and consequences of the Chakmas Migrants’ Case.
•
How this particular case of a migrant community from Bangladesh has helped in better understanding of the Citizenship Act, 1955 and widened its scope.
Hypothesis The Arunachal Pradesh state government perpetrated atrocities on the Chakmas migrants and denied them of basic citizenship rights, which was against the constitution.
Research Question Has the Supreme Court judgment in the Chakmas Migrants’ case been instrumental in widening the scope of the Citizenship Act, 1955 and how has the judgment been beneficial for thousands of other immigrants to India?
Review of literature
Refugees, Illegal Migrants and Local Perceptions in India's Far East Anup Saikia
Through natural growth and sporadic infiltration the Chakma population has grown from 20,000 in 1964 to an estimated 60,000.
The demographic
consequence of these refugees on a state having a total population of some 1 million was enough to make an issue of things. Initially in 1964 the Chakma refugees were allotted a fixed area for their homesteads and cultivation. Gradually, their numbers spilled over into adjacent lands belonging to indigenous tribal. The report further noted that the encroachers were indulging in criminal and illegal activities.
The Chakmas are covertly
engaged in illegal timber business in Changlang and its neighbouring Lohit district.
The migrants from CHT are also skilled in the art of making
country-made guns and pistols and have carved out enclaves in Lohit and Changlang districts where such is their clout that local Arunachalees fear to enter. While the fear of loss of identity in their own homelands as a result of the demographic change is unfounded and it seems that the whole issue has been exaggerated, since the proportion of tribal population in Arunachal Pradesh at district level shows little cause for alarm, although the figures in 2 districts are much lower than in the rest of the state.
A letter written to Mr. R V Pillai, Secretary General, National Human Rights Commission by the Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh.
More than a full year has passed and the State Government of Arunachal Pradesh has yet to forward a single Chakma citizenship application to the Central Government. None of the Chakmas could submit their applications because of the all pervading fear created by the State Government of Arunachal Pradesh in contempt of the Supreme Court judgement. The Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh informed the National Human Rights Commission in this regard. Consequently, some Chakmas and Hajongs submitted their applications directly to the Central Government in 18 February 1997 and 19 June 1997. The Union Home Ministry forwarded the citizenship applications to the District Collectors for necessary verification. At the time of filing this memorandum, no verification of the applications was conducted by the District Collectors.
Research Methodology
The Project report is based on Doctrinal research carried out on the basis of secondary sources. The research work is an outcome of the discussions with the course co-coordinator Asst. Prof. Silky Mukherjee Ma’am and Asst. Prof. Hardik Parikh Sir and the valuable suggestions proposed by them. Also the content is prepared from secondary sources such as library sources, online database, published journal and research articles and the official portal of various financial institutions. Effort has been made to bring out an original piece of work and to bring out relevant conclusions.
