IMPORTANT POINT
Chakma and Hajong Tribals who migrated to India in 1964-1969 and were settled in the State of Arunachal Pradesh are entitled to citizenship of India.

JUDGMENT :

ADARSH KUMAR GOEL, J.

1. This petition under Article 32 of the Constitution of India mainly seeks direction against Union of India through Ministry of Home Affairs to grant citizenship to the Chakma and Hajong Tribals who migrated to India in 1964-1969 and were settled in the State of Arunachal Pradesh.

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. ((1996) 1 SCC 742). 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.

3. This Court considered rival submissions and held that the Chakmas apprehend threat on the All Arunachal Pradesh Students’ Union (“AAPSU”) who were reported to be enforcing economic blockades on the refugee camps, adversely affecting supply of ration, medical and essential facilities to the Chakmas. Some Chakmas had died on account of blockade. This Court further noticed that Chakmas could invoke Section 5(1)(a) of the Citizenship Act by filing application in form prescribed by Part II of the Citizenship Rules, 1956. The observations in NHRC case (supra), inter alia, are as follows :-

“18. From what we have said hereinbefore, there is no doubt that the Chakmas who migrated from East Pakistan (now Bangladesh) in 1964, first settled down in the State of Assam and then 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 have 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. Now it is proposed to uproot them by force. The AAPSU has been giving out threats to forcibly drive them out to the neighbouring State which in turn is unwilling to accept them. The residents of the neighbouring State have also threatened to kill them if they try to