annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
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INDIA HUMAN RIGHTS REPORT 2005 Arunachal Pradesh<br />
judgement on 9 January 1996 in the case<br />
of NHRC vs. State of Arunachal Pradesh<br />
and Anr (C.W.P. No. 720 of 1995), among<br />
others, directed the Central Government<br />
and the State government of Arunachal<br />
Pradesh to process the citizenship<br />
applications of those Chakmas and<br />
Hajongs who had migrated in 1964,<br />
protect their lives and liberties and not to<br />
evict them without following due process<br />
of law. After eight years, not a single<br />
citizenship application has been processed.<br />
On 2 January 2004, Election<br />
Commission of India suspended all<br />
electoral activities in four Chakma and<br />
Hajong inhabited Assembly<br />
Constituencies of Doimukh, Chowkham,<br />
Bordumsa Diyun and Miao <strong>for</strong> noninclusion<br />
of the Chakmas and Hajongs,<br />
who are citizens by birth, into the electoral<br />
rolls. The Election Commission in its<br />
order of 31 March 2003 and 24 April 2004<br />
had ordered <strong>for</strong> special revision of<br />
electoral rolls in these four Assembly<br />
Constituencies pursuant to the judgements<br />
of the Supreme Court and Delhi High<br />
Court. The Election Commission had<br />
earlier deputed independent observers<br />
during the revision of electoral rolls from<br />
April to May 2003. However, the Electoral<br />
Registration Officers rejected the<br />
applications of the Chakmas and Hajongs<br />
on frivolous grounds. Out of a total of<br />
11,360 claimants only 1497 claimants i.e.<br />
13.19% were accepted and enrolled. These<br />
1497 claimants were later arbitrarily<br />
deleted through a notification on 26 June<br />
2003 pursuant to the decision of the<br />
cabinet of state government of Arunachal<br />
Pradesh of 14 May 2003 that their<br />
inclusion violates the Bengal Frontier<br />
Regulation, 1873 or Inner Line<br />
Regulation. However, the Election<br />
Commission of India held that “the<br />
preparation and revision of electoral rolls<br />
was a constitutional duty conferred on the<br />
Commission by Article 324 (1) of the<br />
Constitution and the preparation and<br />
revision of electoral rolls were governed<br />
by the provisions of the Constitution and<br />
the Acts and the rules relating thereto and<br />
that the State cabinet resolution dated 14-<br />
05-2003 in so far as it related to the<br />
preparation and revision of electoral rolls<br />
was not in consonance with the provisions<br />
of the constitution and acts and rules<br />
governing the matter”. 6<br />
The Election Commission of India in<br />
its order (No.23/ARUN/2003) of 3 March<br />
2004 held that “the names of the<br />
a<strong>for</strong>esaid eligible Chakmas in the State of<br />
Arunachal Pradesh have not been<br />
included in the electoral rolls mainly <strong>for</strong><br />
the reason that they belong to the Chakma<br />
tribe/race, which is violative of the<br />
Constitutional mandate of Article 325”<br />
and ordered the inclusion of 1497 voters<br />
into the electoral rolls. 7<br />
Subsequently, 1497 the Chakmas and<br />
Hajongs who are citizens by birth were<br />
able to exercise the right to franchise in the<br />
parliamentary elections in May 20048 and<br />
the State Assembly elections in October<br />
2004 pursuant to the directions of the<br />
Election Commission of India.<br />
The Chakmas and Hajongs continued<br />
15