Sample Essay
The Ministry of Home Affairs sent a note to the NHRC indicating that it was considering conceding citizenship to the Chakmas soon. In addition, it brought it out that Central Reserve Forces were deployed responding to the threat of the AAPSU and that State Administration had been directed to ensure the protection of the Chakmas[1]. This direction was disregarded until September 1995 in spite of the standing reminders. A Joint Statement was issued by the Prime Ministers of India and Bangladesh in February 1972 pursuant to which the Union Government had conveyed to all States concerned with its decision to confer citizenship on the Chakmas.
It further affirmed that all the children belonging to Chakmas and were born in India past the amendment of the Act in1987 would have legitimate claim to nationality. The State of Arunachal Pradesh contended that the issue of citizenship of the Chakmas has been overwhelmingly determined in State of Arunachal Pradesh. The Guwahati High Court in its ruling passed on 30 April 1992 categorically held that in view of the laws applicable providing special protection to Arunachal Pradesh the Chakma refugees are foreigners and therefore lack rights to claim citizenship in the place[2]. Further, the authority governing the area was liable to at any time ask them to vacate the place and the authorities have the right to ask them to quit the State if they desire. However, the Guwahati High Court on humanitarian grounds directed the State Government to give adequate compensation in case these Chakmas were evicted from this place.
[1] Sardana, Nandita. ‘Chakmas: Living under Notice of Death’ in India Today, 15 November, 1994, p.45
[2] ibid
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