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INDIA HUMAN RIGHTS REPORT 2005 Arunachal Pradesh
judgement on 9 January 1996 in the case
of NHRC vs. State of Arunachal Pradesh
and Anr (C.W.P. No. 720 of 1995), among
others, directed the Central Government
and the State government of Arunachal
Pradesh to process the citizenship
applications of those Chakmas and
Hajongs who had migrated in 1964,
protect their lives and liberties and not to
evict them without following due process
of law. After eight years, not a single
citizenship application has been processed.
On 2 January 2004, Election
Commission of India suspended all
electoral activities in four Chakma and
Hajong inhabited Assembly
Constituencies of Doimukh, Chowkham,
Bordumsa Diyun and Miao for noninclusion
of the Chakmas and Hajongs,
who are citizens by birth, into the electoral
rolls. The Election Commission in its
order of 31 March 2003 and 24 April 2004
had ordered for special revision of
electoral rolls in these four Assembly
Constituencies pursuant to the judgements
of the Supreme Court and Delhi High
Court. The Election Commission had
earlier deputed independent observers
during the revision of electoral rolls from
April to May 2003. However, the Electoral
Registration Officers rejected the
applications of the Chakmas and Hajongs
on frivolous grounds. Out of a total of
11,360 claimants only 1497 claimants i.e.
13.19% were accepted and enrolled. These
1497 claimants were later arbitrarily
deleted through a notification on 26 June
2003 pursuant to the decision of the
cabinet of state government of Arunachal
Pradesh of 14 May 2003 that their
inclusion violates the Bengal Frontier
Regulation, 1873 or Inner Line
Regulation. However, the Election
Commission of India held that “the
preparation and revision of electoral rolls
was a constitutional duty conferred on the
Commission by Article 324 (1) of the
Constitution and the preparation and
revision of electoral rolls were governed
by the provisions of the Constitution and
the Acts and the rules relating thereto and
that the State cabinet resolution dated 14-
05-2003 in so far as it related to the
preparation and revision of electoral rolls
was not in consonance with the provisions
of the constitution and acts and rules
governing the matter”. 6
The Election Commission of India in
its order (No.23/ARUN/2003) of 3 March
2004 held that “the names of the
aforesaid eligible Chakmas in the State of
Arunachal Pradesh have not been
included in the electoral rolls mainly for
the reason that they belong to the Chakma
tribe/race, which is violative of the
Constitutional mandate of Article 325”
and ordered the inclusion of 1497 voters
into the electoral rolls. 7
Subsequently, 1497 the Chakmas and
Hajongs who are citizens by birth were
able to exercise the right to franchise in the
parliamentary elections in May 20048 and
the State Assembly elections in October
2004 pursuant to the directions of the
Election Commission of India.
The Chakmas and Hajongs continued
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