An open Memo to PM of India from a Chakma

Dear Sir,

On the occasion of the 139^th birth anniversary of Sardar Vallabhbhai Patel, which is being commemorated today as National Unity Day, I am writing to place before you the painful situation facing the Chakmas of Arunachal Pradesh in the last 50 years.

As you are aware, in the early part of 1964, about 2,902 Chakma and Hajong families comprising 14,888 persons had migrated to India from the then East Pakistan (now Bangladesh). Both the Chakmas and Hajongs are tribal communities. By faith, the Chakmas are Buddhists and the Hajongs are Hindus. These families were forced to migrate due to large scale communal violence by the majority Muslims and displacement caused by the construction of Kaptai Dam in Chittagong Hill Tracts (CHT). The Government of India after due consultation with all concerned settled the Chakmas and Hajongs in then North Eastern Frontier Agency (NEFA), present Arunachal Pradesh under a “definite plan of rehabilitation”.

Presently, the Chakmas reside in three districts namely Changlang, Papumpare and Namsai (formerly Lohit) in the state and their population is estimated to be about 55,000.

Chakmas are worst victims of partition

The Chakmas of Arunachal Pradesh are among the worst victims of partition of India in 1947. The Chittagong Hill Tracts (CHT), presently in Bangladesh, has been home to the Chakmas for centuries. 

Before partition, the Chakmas were part of undivided India. However, the Bengal Boundary Commission tresonously awarded the CHT to Pakistan against the wishes of the Chakmas despite 97% of the people were non-Muslims. To become part of India, the Chakmas raised Indian Flag in the CHT when India attained freedom. On 21 August 1947, the Pakistani Army marched to CHT and pulled down the Indian Flag and unleashed a brutal crackdown on the Chakmas who were considered anti-national by Pakistan. The partition had cut the Chakmas apart and its disastrous effects are being felt even today, both in Bangladesh and India.

Present situation of the Chakmas

The policy of the Government of India was to give Indian Citizenship to the migrated Chakmas. However, they have not been granted Indian Citizenship even after 50 years of their migration to Arunachal Pradesh.

The State Government of Arunachal Pradesh is against granting of citizenship rights to the Chakmas in clear violation of the policy decision of the Government of India, Supreme Court of India order dated 9 January 1996 in National Human Rights Commission vs. Stateof Arunachal Pradesh [Writ Petition (Civil) 720/1995], recommendation of Rajya Sabha Committee on Petition of 1997, Election Commission of India orderdated 3 March 2004 (No. 23/ARUN/2003), Delhi High Court order dated 28September 2000 (Civil Writ Petition No.886 of 2000), Guwahati High Court orderdated 19 March 2013 (PIL No. 52 of 2010), etc.

On 10 August 2010, a Joint High Power Committee was formed by the Government of India to find a permanent solution. However, the Committee failed to come out with any solution due to lack of seriousness of the State Government.

As a result of non-recognition of Chakmas and Hajongs as citizens by State Government of Arunachal Pradesh, the Chakmas and Hajongs have been facing lot of difficulties including for livelihood.

The State Government refuses to extend any of the socio-economic programs, including the programs of the Government of India to them. The Chakmas are not covered under Public Distribution System. The elderly Chakmas and Hajongs do not get age old pension scheme, women and girls related schemes are not provided. The children do not get scholarship. The Chakmas face complete ban on seeking public employment in the State. The authorities refused to issue various official documents such as resident certificates, birth certificates etc which are required for applying these security forces jobs. The National Rural Employment Guarantee Scheme is also not extended to Chakmas.

In the absence of above stated facilities, the socio-economic condition of the Chakmas is getting worst each and every passing day. The Chakmas are agrarian families and largely dependent on agriculture for livelihood. However, agriculture is increasingly becoming unproductive due to poor monsoon and due to loss of agricultural land caused by flood/soil erosion every year.

The years of deprivation and denial is having negative consequences in particular to the youth and children, who are the future of the society. In the absence of employment opportunities a substantial number of youths and children are getting involved into drug addiction and other antisocial activities. While many youths, including girls, are going outside the State such as Delhi, Uttar Pradesh, Gujarat, etc in search of petty jobs, where they work in hostile conditions and remain extremely vulnerable to abuse. Poor economic condition is also driving Chakma children into child labour and dropping out of schools.

Had Sardar Patel been the PM situation of Chakmas would have been different!

On 13 August 1947, a Chakma delegation met Sardar Vallabhbhai Patel and expressed their apprehension that the CHT will be awarded to East Bengal by the Boundary Commission. Sardar Vallabhbhai Patel on the same day wrote an angry letter to Mountbatten expressing his indignation, calling the Radcliffe award “monstrous and a blatant breach of the terms of reference”. He warned that “I am urging the tribesmen to resist amalgamation with Pakistan by force, if necessary”.

Mountbatten was himself surprised by the ferocity of Sardar Patel’s reaction to the issue of CHT. In his memoirs he wrote: “The one man I had regarded as a real statesman with both his feet firmly on the ground, and a man of honour whose word was his bond, had turned out to be as hysterical as the rest. Candidly I was amazed that such a terrific crisis should have blown up over so small a matter. However, I have been long enough in India to realise that major crises are by no means confined to big matters.”

Sardar Patel wanted the CHT to be part of India. But he could not do much as he was only the Deputy. After CHT was awarded to Pakistan, a great Chakma leader and freedom fighter, Sneha Kumar Chakma escaped to India and sought help from Patel and Nehru. Patel was willing to provide even military assistance but he said he was only “deputy” to Prime Minister Nehru. On the advice of Sardar Patel when  a Chakma delegaiton led by Sneha Kumar Chakma met Pandit Nehru in September 1947. They told Pandit Nehru that the people of CHT were ready to resist the award of CHT to Pakistan and they were ready to fight and India must help them. Pandit Nehru got up in anger and shouted – “Do you propose to bring India again under foreign rule?

That decision sounded the death knell for the Chakmas and they had to unwillingly join Pakistan.

Appeal

The Chakmas of Arunachal Pradesh have been suffering for the last five decades. Sardar Patel lived merely three years after Independence. Had Sardar Patel been the PM or he lived little longer the geography of India and the situation of Chakmas would have been different!

As the country remembers the iron man of India today, I appeal for your urgent and personal intervention to provide justice to the Chakmas of Arunachal Pradesh by granting citizenship rights.  

With kind regards,

Yours sincerely,

Tejang Chakma

Government misuses the Khudiram Chakma case to deny rights to Chakmas

The Khudiram Chakma case has been the most unloved event of the Chakmas of Arunachal Pradesh. Rightly so, this case, is being misused against all the Chakmas by all concerned to deny them rights. However, there is nothing wrong in the case. This is just another case where the appellant Khudiram Chakma was, unfortunately, in the losing side. 

In fact, Khudiram Chakma was forced to file the petition before the Guwahati High Court seeking relief due to imminent threat of eviction. One of the reasons for losing the case was falsified generalized evidence brought before the court. It is important to know the factual matrix of the case for a proper understanding of the case. The brief history of the case is given hereunder: 

“In 1984, one Khudiram Chakma filed a petition in the Guwahati High Court following eviction order served by the State Government of Arunachal Pradesh from a land measuring one square mile donated to them by the Local Raja namely Nigrumong Singpho of Damba from his private land. After donation of the land, Khudiram Chakma and another 56 families by dint of hard labour developed the jungle area which was a hilly uneven tract of land and got tremendous agricultural success. This success was even acknowledged by the Tirap District authorities by way of granting two Rice Hullar Units in the name of Khudiram Chakma. The Chakmas transformed the land into a truly self-sufficient village. Further, in 1975, a village panchayat of Joypur village was formed after election of the members. Khudiram Chakma was appointed as the Gaon Bura of the village. This was with the approval of the Government, in token of which a sanad dated 20.11.1975 was issued in his name. The Deputy Commissioner at Khonsa approved the transfer of the land and the Extra Assistant Commissioner, Miao by his memorandum No.MR S (A) n5/8648-51 dated 26.4.1970 even issued instructions against any attempt to allot the land to other and generally against any eviction of the Chakma families from the said land. However, in view of prosperity and growth of land the nearby villagers sought to dislodge Khudiram Chakma and other Chakma families by raising various disputes and the government served eviction order. With no other option left, Khudiram Chakma filed the petition at the Guwahati High Court. He lost the case after the State government was able to bring to the notice of the High Court about the generalized and false complaints against the Chakmas including indulging in procuring arms and ammunition and associating with anti-social elements. Although Khudiram Chakma lost the case, the High Court directed the State Government to give adequate compensation in the event of the Chakmas being evicted from the place considering the hard work they invested on the land. Aggrieved with the order the State Government approached the Supreme Court where again Khudiram Chakma lost the case. But the Supreme Court directed that an opportunity be afforded to Khudiram Chakma and other families by the Chief Minister and grant them appropriate relief. It is not known what relief, if any, was given to these families. Gegong Apang, who recently joined the BJP, was the then Chief Minister.”

The Khudiram Chakma case is being used to deny rights to the Chakmas on the ground that Chakmas are refugees and foreigners and they are not eligible for any rights. The misuse of the case is clear from various official documents. It is very important to clarify on the status of the Chakmas of Arunachal Pradesh vis-à-vis the Kudiram Chakma case.

This so-called official position on the status of the Chakmas is no longer valid as noted by the Supreme Court of India in its landmark judgment in 1996 and the recent judgment of the Guwahati High Court in 2013. Vide order and judgment dated 9 January 1996 the Supreme Court in the case of NHRC Vs State of Arunachal Pradesh & Anr settled the issue for once and all with respect to the Khudiram Chakma case. The Supreme Court held that “The contention of the first respondent that the ruling of this Court in Khudiram Chakma’s case has foreclosed the consideration of the citizenship of Chakmas is misconceived.” The Supreme Court had clarified that the “issue of citizenship was raised in a narrower context and was limited to Section 6-A(2)” of the Citizenship Act, 1955 pursuant to the Assam Accord in the Khudiram Chakma case. The Supreme Court further noted that “the Chakmas in that case, who were resident in Arunachal Pradesh, could not avail of the benefit of Section 6A of the Act which is a special provision for the citizenship of persons covered by the Assam Accord.”

Further, vide judgment dated 19 March 2013, the Guwahati High Court while dismissing the PIL No. 52 of 2010 of the All Arunachal Pradesh Students Union challenging the additional guidelines issued by the Election Commission of India for revision of Electoral Rolls in Chakma inhabited areas in the State held that special laws like the Bengal Eastern Frontier Regulation, 1873 are not applicable to the Chakmas of Arunachal Pradesh. The relevant part of the observation of the High Court is reproduced below:

“Further, in view of the policy decision taken by the Government of India to settle the Chakma refugees in different States and also in Arunachal Pradesh in consultation with the authorities of the Arunachal Pradesh, and also to confer Indian citizenship, the contention of the petitioners that the aforesaid guidelines have the effect of violating the provisions of the law in terms of lack of Inner Line Permit or violation of provisions of Section 13 of the Registration of Births and Deaths Act, 1969 does not hold water. We are of the view that once a decision had been taken to settle these Chakma refugees in Arunachal Pradesh in consultation with the authorities of Arunachal Pradesh, they would become residents of Arunachal Pradesh and would not require the Inner Line Permit/Pass. Otherwise also, once they have been allowed to settle in Arunachal Pradesh, it would be deemed that such permits had been granted to them and in our considered opinion, any other view would negate and defeat the policy decision taken by the Government of India in consultation with the Arunachal Pradesh authorities to settle these Chakmas in Arunachal Pradesh.”

It is pertinent to mention that the Government of India had settled the Chakmas in Arunachal Pradesh under a “definite plan” of rehabilitation and not for temporary settlement as often claimed to deny them rights. Clearly, it is the policy decision of the government of India to settle the Chakmas in Arunachal Pradesh. It is not the case that the Chakmas themselves went to the State and settled there of their own unlike many illegal immigrants from Bangladesh or elsewhere. This position is affirmed by the highest court of the country and the Guwahati High Court in the judgments noted above. Further, majority of the members of affected Chakma families are already citizens of India by virtue of being born in India and some of them have been exercising their right to franchise since 2004.

Note: Please visit http://elibrarychakmas.wordpress.com/ to read the Khudiram Chakma case (Guwahati High Court & Supreme Court),  1996 judgment of the Supreme Court in NHRC Vs State of Arunachal Pradesh & Anr and 2013 judgment of the Guwahati High Court in PIL No. 52 of 2010 

Class X results: Diyun Govt Sec. School registers over 97 pass percentage despite appalling conditions

In the recently announced CBSE Class X results the Govt. Secondary School, Diyun in Changlang district of Arunachal Pradesh registered a pass percentage of over 97 percent despite appalling conditions of the school. As per information available with the CBSE at least 317 students, including over 120 girls, appeared for the CBSE Class X board examination out of which 309 students have passed, 5 students have been declared eligible for improvement of performance (EIOP) and 3 students were declared absent.

The high pass percentage is inspiring given that the school lies in utter government neglect. The school has no basic facilities and remains overcrowded as can be seen from the number of students who appeared in the Class X board examination.

This is the only secondary level school located in area inhabited by two marginalized Chakma and Hajong communities with their population of about 46,000. Out of the 317 students at least 267 are Chakmas and 27 Hajongs.  The Chakmas and Hajongs are neglected communities and they have been fighting for civil, political, social and economic rights for the last 50 years. Repeated pleas for improvement of facilities never receive a hearing as the school lies in Chakma/Hajong inhabited area. Even funds given by the Centre for construction/strengthening of infrastructure of the school have been misused or wasted.

A view of one of the classrooms, Photo taken in Jan, 2013

In the absence of secondary school, this school has to accommodate not only students from Diyun circle but also from other areas, resulting in overcrowding. This also has a negative impact on the quality of education. An analysis of the results shows that majority of the students’ CGPA (cumulative grade point average) was under 6.

Inside view of another classroom, Photo taken in Jan, 2013

Yet, it has to be acknowledged that despite all odds the performance of the Chakma and Hajong students is highly commendable. 

Two minor Chakma tribal girls from Assam abducted and trafficked to Mumbai

Trafficking of minors and women from Assam continues with two more girls abducted from a remote village and trafficked to Mumbai.

On November 14, 2012, two minor Chakma tribal girls (names withheld), daughters of Purno Joy Chakma and Natun Chandra Chakma, were kidnapped by traffickers from Lanka Jan village under Lumding police station in Nagaon district. Both the victims are under 14 years of age.

Following a complaint lodged at the Noakuti police post by the parents, the police registered a case under Section 366(A), 366, 341 of the Indian Penal Code against the traffickers identified as  Suidul, Nur Ali, Ishan, Abdula, Shahajahan and Sobikul. Two of the traffickers, including Shahajahan, have been arrested and being interrogated.

Interrogation from the arrested traffickers reportedly revealed that the two minor girls were abducted from the village and taken to Dimapur, Nagaland to sell them. But, the deal could not materialize and subsequently the girls were sent to Mumbai, Maharashtra where they were reportedly sold.

Despite the revelations, the victims are yet to be traced in Mumbai, reflecting lack of prompt action by the police. The parents have been visiting the police station a number of times but the answers given by the police officials are reportedly far from encouraging.

M-pen land dispute case

In the last few days, the situation in M-pen village at Miao circle in Changlang district of Aruanachal Pradesh has been tense ahead of the hearing scheduled at Itanagar Permanent Bench of the Guwahati High Court on 21 November 2012. The Court will hear the M-pen land dispute case between the Chakma and Singpho communities. Earlier last month, the hearing was postponed, but the Court directed the district administration not take any coercive measures against the petitioners (Chakmas). In other words, this implies that "status quo" has to be maintained.

A group of Singphos arrived the disputed village in a truck

In the meanwhile, however, the Singpho communities in a view to take possession of the disputed land constructed houses in and around the houses of the Chakmas at the disputed area in the last few days. There was no report of any clashes between the two groups unlike in 2010 but the Singpho people in groups visited the M-pen village with trucks armed with daos (swords) and constructed houses.

House construction underway

Reportedly, the district and local administrator remained mute spectators as the houses were being constructed in the disputed area. No police/security personnel were reportedly provided despite request by the Chakmas. This shows the utter failure of the district and local administration to honour the Court’s order.

Houses built nearby a Chakma house

The Chakmas and Singpho communities are at loggerhead over the M-pen land for quite some time. In 2010, clashes broke out between the two communities when the Singpho community tried to forcibly take possession of the land. Many were left injured from both sides. Both sides claim that the land belongs to them. The Singphos claimed that the land measuring about 60 acres belongs to one Ms Thuing Singpho as she had a Land Possession Certificate (LPC) issued by the District administration. However, the Chakmas dispute this. They claim that they have been living in the area since long and they are being forced to leave the area. They even dispute the LPC issued to her.

Construction of another house near a Chakma house in progress

Expressing his view in the M-pen land dispute case, David Chakma in his blog (davidchakma.blogspot.in) alleged that it is easy for those who have the backing of political leadership and the bureaucracy to get Land Possession Certificates (LPCs) anytime.

As per information available in the website of the Changlang District, (http://changlang.nic.in/download.html) one can apply for LPC by giving the description of the land for which possession certificate is applied along with supporting documents which includes certificate from the Forest Department, certificate from village council/village headman/ Vice President of Anchal Samity and sketch map of the land in triplicate (not to scale) duly countersigned by the village authority.

The above information suggests that the view expressed by David Chakma cannot be ruled out considering that Ms Thuing Singpho on whose name the LPC was issued by the district administration is close to the political leadership of the state. She is among the richest persons in Miao area and the  extent of influence she has over the local administration is immense. 

Some alleged that there was never any Singpho village in and around the disputed area, therefore question the certificate issued by the village headman/council. This is a valid point raised considering that only the village headman of a particular village who has the knowledge of the land can issue such certificate. Therefore, if the claim of non-existence of any Singpho village in the disputed area is true than someone from other area cannot claim LPC in a different area. It is also alleged that the houses have been built in urgency recently even without waiting for the Court's verdict is to show that the Singphos have been living there since long. 

Further, it is alleged that Ms Thuing Singpho has donated the disputed land to a Singpho Society. The question is can she donate the land in the event of the case being "subjudiced."

At this juncture it is not known who is speaking is truth. Whatever be the status of the land, the case is subjudice and the Court only will determine the status of the land in question. At the same time it is unfortunate that the district administration failed to honour the Court’s order.  

ABSU to convene National Seminar on Bodoland issues in New Delhi today

The All Bodo Students Union (ABSU) will convene a National Seminar on issues of Bodoland today at Mavalankar Auditorium, Constitution Club, Rafi Marg, New Delhi. The Seminar, entitled “Conflict in Bodoland, issue of influx and land alienation in Assam: Problems and Perspectives,” is scheduled to commence from 10.30 am to 3 pm.

The day long National Seminar is being organized in the backdrop of the recent riots in the Bodoland Territorial Autonomous Council (BTAD).

A Press invitation of the ABSU reads “The National Seminar is being conducted in view of current volatile situation in Assam due to conflicts, in particular in the Bodo dominated areas. The issue of influx and massive land alienation of the tribals have become burning topic today. The recent conflict in the lower districts of Assam and Bodoland in particular has sparked the flame of fresh mass movement against the illegal influx in the entire state. On the other hand, the question of rehabilitation of the displaced people has become a big challenge for the government of the day. Encompassing all these issues, an inclusive discussion has been felt most necessary to arrive at a rational conclusion of the problems.”

The Seminar, chaired by Prof. Sanjoy Hazarika, Director, Centre for North East Studies at Jamia Millia Islamia, New Delhi, will be inaugurated by G.K. Pillai, former Home Secretary, Government of India and Lt. Gen. S. K. Singha, former Governor of Assam and Jammu and Kashmir will be the Chief Guest. Other speakers include R. N. Ravi (IPS), former Special Director of Intelligence Bureau; Dr. Chandan Mitra, Member of Parliament and Editor-in-Chief of The Pioneer; U. G. Brahma, former Member of Parliament (Rajya Sabha); Suhas Chakma, Director, Asian Centre for Human Rights, Lt. Gen, D. B. Shekatkar; B. G. Varghese, Columnist and Author; Dr Samujjal Bhatacharjya, Adviser, All Assam Students’ Union; Nitin Gokhle Editor Defence, NDTV; Samudra Gupta Kashyap, Senior Journalist, Indian Express; Sanjay Nahar, Founder President, SARHAD, Pune and many other intellectuals.

JHPC members to meet in Itanagar for talks on the Chakma-Hajong issues

The much awaited second Joint High Power Committee (JHPC) meeting will be held at Itanagar, Arunachal Pradesh on 26 October 2012. Initially, the JHPC was supposed to hold its second meeting on 11 October. But the meeting was rescheduled due to time-constrain.

The four-party committee, constituted by the Ministry of Home Affairs (MHA) on 10 August 2010 to find a solution to the vexed Chakma-Hajong issue in Arunachal Pradesh, includes the MHA, State Government of Arunachal Pradesh, All Arunachal Pradesh Students’ Union (AAPSU) and the Committee for Citizenship Rights of the Chakmas and Hajongs of Arunachal Pradesh (CCRCHAP).

Shambhu Singh, Joint Secretary (North East), who is also the Chairman of the Committee, and Joint Secretary (Foreigner) will represent the Ministry of Home Affairs. The State Government of Arunachal Pradesh will be represented by R Negi, Commissioner (Home), the Secretary (Political), the Principal Chief Conservator of Forests, K Riram, OSD to the Chief Minister and Deputy Commissioners of Changlang, Papumpare and Lohit. While the Arunachal Pradesh Students Union will be represented by the President, Takam Tatung, Nabam Tamar (Vice-President), Tujum Poyom (General Secretary), T. T. Tara (Legal Adviser) and Toni Pertin (Legal Adviser). The Committee for Citizenship Rights of the Chakmas and Hajongs of Arunachal Pradesh will be represented by Santosh Chakma, General Secretary, Arindam Dewan and three others.

The first meeting of the JHPC was held in January this year. It was mutually decided in the meeting that a joint survey will be conducted by the CCRCHAP and AAPSU to identify the Chakmas and Hajongs who migrated during 1964-69. 

Principal complies with NCPCR order, Chakma students admitted finally

After days of ignoring the orders of the National Commission for Protection of Child Rights, the principal of a government school in Arunachal Pradesh finally admitted students belonging to the Chakma community in the school.

As per information received by this writer, P Nebang, Principal of Govt. Higher Secondary School, Miao under Changlang district admitted nine Chakma students to Class IXth and Class XI on 13 September 2012. Of these, two students were issued school leaving certificates (SLCs) and forced to move out last month along with another six students. The Miao school has 15 Chakma students now. 

The Chakma students have been allowed in the school only after unrelenting interventions by the National Commission for Protection of Child Rights. The apex child rights body has issued a number of directions to the state authorities to admit Chakma students in the school. But, the orders were ignored, forcing the NCPCR to issue a fresh order to the principal to readmit the students.

This writer was also informed that the admitted Chakma have been asked to deposit CBSE registration fee.

It is pertinent to mention that more than 80 Chakma students were denied admission last year on the ground that the students approached for admission late, as a result of which, permission of the CBSE for late registration could not be obtained. This is an excuse as the students had approached the schools since start of the admission process.

Principal declines to readmit Chakma students

By Tejang Chakma

In a complete defiance of order of the apex child rights body, the Principal of Govt. Higher Secondary School, Miao in Changlang district of Arunachal Pradesh refused to readmit the Chakma students. Eight Chakma students who were given admission at the school were issued transfer certificates last month. The students were asked to take admission in a newly upgraded secondary school in another administrative circle, which has neither infrastructure nor teaching staff.

Recently, the National Commission for Protection of Child Rights asked the state government to direct the Principal to take back the students in the school. On 7 September 2012, the eight students met the Principal but of no avail. The Principal categorically told them that they will not be readmitted.

This writer has learned that the school authorities of newly upgraded secondary school, where the students have been asked to proceed, also decided not to admit them.

The CBSE registration will also start shortly. Once the registration is done, these students will lose one precious academic year.

The National Commission for Protection of Child Rights is now the only ray of hope for these students. 

Educational deprivation

Last year, eighty-eight students belonging to the Chakma community of Arunachal Pradesh had suffered one academic lost due to denial of admission in secondary schools. These poor and hapless students did not get admission despite interventions of the National Human Rights Commission and National Commission for Protection of Child Rights. The interventions by the National Human Rights Institutions had little impact due to willful non-compliance of the orders. The state government did not submit reports despite reminders issued by the Commissions. Finally, when the reports were submitted it had no relevance as by then the school academic session was well over.

The recent direction of the National Human Rights Commission (NHRC) makes the picture clearer. Taking cognizance of a complaint filed by Asian Centre for Human Rights, the NHRC asked the state government to submit report, within two weeks, regarding denial of admission to the Chakma students to secondary school. No report was forthcoming despite reminders. It takes a final reminder on 28 February 2012 to get the state government moving. Yet, it took almost two months to submit reports. In a letter dated 18 April 2012, the Commissioner & Secretary (Education), Government of Arunachal Pradesh, Itanagar has forwarded reports obtained from various authorities of the State Education Department.

But the reports submitted are not legible. In its latest proceedings the NHRC noted “The Commission perused the reports which are very dim and not legible.” This left the Commission with the only option to ask for clear and legible reports. Accordingly, the Commissioner & Secretary (Education), was directed to send clear and legible copies of the reports within six weeks. The time given has no value now as the students lost a year.

The story was written in advance by the state government and the NHRC was made to do what it wanted. Yet, another delay. The delay is not hard to understand. It was deliberate and has two reasons.

First, the state government has no answers for the academic loss of the students. So, illegible reports were purposely submitted to further the delay.

Second, the Chakmas are not recognized as citizens and not treated equally. They are kept out of government scheme. The state does not want to see the development of the Chakma community. Education is a key to development of any society. Now, the denial of education opportunity has become a tool to keep the Chakmas in dark.

Nothing will compensate the loss suffered by the students. Their future has been destroyed. This is not one off case. Many Chakma children are silently dropping out due to lack of access to schools over the years. They have only one option left to get married early and become parents of multiple of children. Yet, the state complained that the population of the state is increasing due to influx from states like Mizoram and Tripura.

The question is whether the Chakmas of Mizoram, where they have their own autonomous district council, and Tripura, where the Chakmas have all opportunities including education and employment, will come to Arunachal Pradesh to live in destitution.

Principal forcefully removes Chakma students from school

By Tejang Chakma

IN A shocking move, the principal of a government school has forcibly removed six students in Changlang district of Arunachal Pradesh on 21 August 2012. The students were asked to collect their school leaving certificates and leave the school forthwith while they were attending a class.

On August 21, the six students, as usual, went to school clueless that the day would be their last day in the school. The 9th standard students of the Government Higher Secondary School, Miao in Changlang district belong to the Chakma community. This is the first time the school had admitted Chakma students since 1995, made possible only following interventions by the National Commission for Protection of Child Rights (NCPCR).

As per information received by this citizen journalist, P Nebang, Principal of the school, directed the students to leave the school as their presence in the school 'may invite physical attacks on them by students of other communities'. The Principal while directing them to collect their school leaving certificate (SLCs) asked them to take admission at a school in a different administrative circle. The students, having no option, left the school but did not collect the SLCs.

Prior to this shocking decision of the Principal, the Additional Deputy Commissioner (ADC), Miao in a letter dated on 17 August 2012 summoned the guardians of the six Chakma students to his office to discuss the admission issue of their wards. As directed, the guardians of the six students met the ADC, Miao on 21 August. The ADC, Miao informed them that the Chakma students cannot be allowed to study in the school due to opposition by the local communities and that there was   a likelihood of violence against them by other students if they continue to attend classes. The ADC further stated that if the Chakma students are harmed he will not be able to save them as it will take at least hours to reach them and to provide police protection. He will not be responsible for any untoward incidents against them and therefore he will not allow the Chakma students to continue in the school.

When the guardians requested the ADC to at least allow their wards to study for this session, he stated that “if they are allowed to continue studies it will be difficult to get them leave the school later”.

It is important to mention here that the Chakma students never complained of any harassment by other students who treated them well since they were admitted in the school. It is alleged that these students were removed from the school due to ethnic origin. The school authorities and the administration allegedly do not want any Chakma students to study in this school. This school is the only secondary level school in the Miao circle.

This citizen journalist has further learnt that eight Chakma students were removed from the school on 13 August on the same ground. Pursuant to interventions of NCPCR a total of 14 Chakma students were admitted in the school. These students are yet to get admission and are on the verge of losing a precious academic year.

The school where the Chakma students were asked to take admission is a middle school, which has been recently upgraded to secondary level, is far from their villages and there is no infrastructure including teaching staff. The school is upgraded only on paper.

Published in Merinews.com, 23 August 2012

ARRD expresses concern at discrimination meted out to two Chakma students

By Tejang Chakma

THE ACTION for Rights and Rural Development (ARRD) has expressed its concern over the undesirable action of Extra-Assistant Commissioner (EAC) of Diyun Circle in Changlang district of Arunachal Pradesh which resulted in denial of admission of two students, belonging to the Chakma community, at Jawahar NavodayaVidyalaya, Bordumsa.

In a press release on 23 July, the organization, working for the welfare and development of communities based in rural and remote areas in the north east India, stated that two Chakma students under Diyun Circle had cleared the selection test held in May for admission to Class IXth at Jawahar Navodaya Vidyalaya (JNV), Bordumsa through Lateral Entry for academic year-2012-2013.

Last month, the Principal of JNV, Bordumsa informed the parents that their wards have been selected by the Vidyalaya Selection Committee for admission to Class IXth. The Principal further informed the parents to report to the school on 5 July 2012 for admission of their wards along with the affidavits certifying that they belong to rural areas and income certificates, which has to be issued by the competent authority.

The release also stated that pursuant to the admission notice, the parents of the two students approached the EAC, Diyun on July 4 requesting for issue of the documents to enable their wards to get admission. Shockingly, the EAC, Diyun did not issue the documents and allegedly bluntly told the parents not to come to his office again regarding the matter. Consequently, the two students lost the opportunity to access good quality modern education at the NVS, Bordumsa.

“The action of the EAC, Diyun, who is the administrative head, is unfortunate and discriminatory in nature without any doubt and violates the provisions of the Constitution of India, and the United Nations Convention of the Rights of the Child, to which India is a party and further constitutes denial of educational opportunities to the two Chakma students from accessing quality education,” stated the ARRD press release.

“The Action forRights and Rural Development appeal the EAC, Diyun to issue all the relevant documents required to enable the students to take admission at the JNV, Bordumsa irrespective of their caste, creed, religion etc and also requests the JNV, Bordumsa to admit the students provisionally or extend the time for admission,” added the press release.


Published by Merinews, 24 July 2012

Chakma students in an Arunachal school forced to move out within days after admission

By Tejang Chakma

IN A shocking move, 38 Chakma students of a government higher secondary school in Changlang district in Arunachal Pradesh have been forced to move out of the school on July 18, 2012. The students were admitted in the school during 1st to 7th July 2012 pursuant to the directions of the National Commission for Protection ofChild Rights (NCPCR), the apex child rights body in the country.

The school in question is Government Higher Secondary School, Kharsang under Miao sub-division in Changlang district. Following interventions by the NCPCR, the Principal of this school in an undated notice informed the Chakma students of respective feeder schools to take admission. Subsequently, 38 Chakma students hailing from Ratnapur, Golukpur and Milapur villages under Kharsang circle were admitted in the school. Out of the 38 students, 20 students are girls. While at least eight are students of previous academic session (2011-2012) who already lost one academic year due to denial of admission.

Prior to this shocking decision, the Principal of Government Higher Secondary School, Kharsang called the village headmen of the three villages of Ratnapur, Golokpur and Milanpur to his office and directed them to transfer their children to Guatampur Middle school under Diyun circle which has been recently upgraded up to class IX. The Principal informed the village headmen that he has been instructed by the Deputy Director of School Education (DDSE), Changlang vide order dated 11 July 2012 to move out the Chakma students.

It is important to mention here that the up-gradation of Government Middle School to Class 9th is still in paper only. The Government Middle School, Gautampur is one of the 15 One-Section Schools approved during the 13th meeting of Project Approval Board (PAB) for Rashtriya Madhyamik Shiksha Abhiyan (RMSA) held on 12th July, 2011. The cost of each of the school is Rs. 46.86 lakh. However, the construction of classrooms is yet is start and there are no teachers to teach the class 9th students.

It is learnt that the DDSE, Changlang vide his order dated 11 July 2012 has also instructed the Principal of Government Higher Secondary School, Miao to move out 14 Chakma students admitted in the school following the NCPCR orders. There are 13 Chakma students from Government Middle School, a feeder school to Government Higher Secondary School, Miao who were refused admission in this school due to so-called confusion over jurisdiction.

This means that Gautampur school will have to accommodate 65 students without classrooms and teachers. At least two sections will be required apart from each subject teacher. The condition of Gautampur school is already dismal just like any other schools in Chakma areas. Currently, only four teachers are teaching a total of 635 children from Classes 1 to 8.

In the absence of classrooms the transferred Chakma students are most likely to be accommodated in the school’s common room, while the existing four junior teachers will have to teach the secondary students. In addition, these students have to walk a distance of more than 20 km (to and fro) daily to attend the school. There is also risk to their lives as they have to cross twice the turbulent Noa-Dihing river, which divides the Gautampur school with the three schools at Miao, Kharsang and Dharmapur.

These facts have been completely ignored by the concerned authorities and the action reflects racial discrimination with respect to the Chakmas. Not a single Chakma student has been admission in secondary schools in Miao and Kharsang circles since 1994 solely because of the ethnic origin. As a result, a number of Chakma students in these two circles have been involuntarily dropping out. Last year, at least 88 Chakma students, including 27 girls, had to drop out. Even the 52 students were reluctantly admitted in the two schools earlier this month at the intervention of the NCPCR.

Apart from the blatant violations of the NCPCR’s order, the actions violate the provisions of the Constitution of India, RMSA and the UN Convention of the Rights of the Child, in which India is a party.

Published in Merinews, 19 July 2012

Admission crisis continues to haunt Chakma students

By Tejang Chakma

IT SEEMS there is no end to the admission crisis among the Chakma students of Arunachal Pradesh. At least 14 Chakma students, who passed class 8th from Govt. Middle School, Dharmapur under Miao circle in Changlang district, have been denied admission to class 9 at Govt. Higher Secondary School, Miao.

Since the last few years, the Chakma students in two circles of Miao and Kharsang have been dropping out after upper primary level due to denial of admission in neighborhood secondary schools.

Pursuant to intervention of the NCPCR (DO letter No. 4A/2011-12/Misc/NEC/NCPCR/1548 dated 27.6.2012 to Secretary (Political), Govt. of Arunachal Pradesh), the Govt. Higher Secondary School, Kharsang and Govt. Higher Secondary School, Miao started admitting Chakma students from this month. About 51 students have been admitted in the two schools. 37 in Govt. HS School, Kharsang and 14 in Govt. HS School, Miao respectively.

However, at least 14 Chakma students of Govt. Middle School, Dharmapur under Miao Circle have been refused admission to Class 9th at the Govt. Higher Secondary School, Miao in violation of the order of the NCPCR, the apex child rights body in India. Following NCPCR’s order, the parents/guardians approached the Principal of the school and the local administration for admission of their wards, but returned dejected.

It has been learnt that admission was refused on the ground that “no order has been received by the Govt. Higher Secondary School, Miao to admit students from Govt. Middle School, Dharmapur.”

Another pretext craftily used to deny admission was the “issue of jurisdiction” of the Dharmapur school. Following refusal of admission by the school, the parents/guardians met the Extra Assistant Commissioner (EAC), Miao. To the astonishment of the guardians, the EAC brought fore the issue of jurisdiction of the middle school i.e. whether or not the Dharmapur Middle school is feeder to Govt. Higher Secondary School, Miao. Accordingly, the EAC instructed the Circle Officer, Miao to ascertain the feeder status of the school.

It is not known what forced the EAC, Miao to question the feeder status of the Dharmapur Middle School. There is no doubt that Dharmapur Middle School is feeder to Miao Secondary School. Official records show that Dharmapur village falls under Miao administrative circle. The EAC, Miao being the administrative officer is fully aware of this fact.

This gives the impression that the grounds propounded for refusal of admission are only lame excuses aimed at delaying, if not denying admission to the Chakma students of Dharmapur.

Published by Merinews, 13 July 2012

NHRC seeks report from Home Ministry and Manipur Police over Bishnupur gang rape

By Tejang Chakma

THE NATIONAL Human Rights Commission (NHRC) has sought response from the Ministry of HomeAffairs, Government of India and Manipur Police within four weeks on the alleged gang rape of a 40-year-old tribal woman by four persons including two jawans of India Reserve Battalion (IRBn) at Keinou village in Bishnupur district.

Acting on a complaint filed by Asian Centre for Human Rights, a prominent human rights organisation in the country, the NHRC in its order on May 16, 2012 issued notices to the Secretary, Ministry of Home Affairs and Superintendent to Police, Bishnupur district to submit reports.

The victim, mother of four, belonging to Zeliangrong community was on her way to Imphal to sell chillies when four persons in a car stopped the truck she was travelling in and abducted her after beating up the driver on March 22. The victim was taken to a secluded place where she was gang raped at gunpoint.

The accused also allegedly robbed her money and the chillies after the rape. Two accused jawans have been identified as Havidar Chungkham Ibomcha and Rifleman Kshetrimayum Kenedy of 1st IRBn, while two other accused are identified as Laikhuram Rojit, and Salam Bijen.

The incident had led to protest rallies, with people demanding speedy justice for the victim.


Published by Merinews.com, 5 July 2012

Child labour thrives due to connivance of govt officials

By Tejang Chakma


INDIA’S EFFORTS to fight the menace of child labour is yielding little results. The rhetoric to eliminate child labour of the successive governments at the Centre remained largely on paper.

India is home to highest number of child labourers under the age of 14 in the world. As per the 2001 census, an estimated 12.6 million children below the age of 14 years are engaged as child labourers. Unofficially, the figure is much higher. Majority of these children are exposed to the worst form of child labour.

It has been more than five years since the government banned employment of children through an amendment in the Child Labour (Prohibition and Regulation) Act 1986. But the situation today is far from inspiring.

Why this evil is not declining? The answer is not difficult to comprehend. The conviction rate under the Child Labour (Prohibition & Regulation) Act, 1986 is abysmally low. This fails to act as a deterrent for employers. Enforcement figures of the Ministry of Labour and Employment states that 23,53,098 inspections were conducted between 1997-98 and 2004-2005. Of these, 1,43,804 violations were detected and 59,026 prosecutions launched. The prosecutions resulted in 21,481 convictions and 5,505 acquittals.

One of the reasons for poor conviction in the country is due to lack of action against violators by the government officials. Instead of taking criminal actions, the officials make all efforts to save the violators from all types of criminal actions. This only encourages the violators. Even when the officials are identified they are given state protection.

A case of child labour, registered by the National Human Rights Commission in August 2000 in Bihar is a testimony. Two officials mandated to stop child labour were found responsible for inaction in saving children employed with dye and colour manufacturing factories in Lakhisarai district. The NHRC asked the state government to provide detailed information such as whether any fine was recovered from the employers or the action taken against the erring officers and the hazardous substance manufacturing companies which employed those children.

However, the state government failed to provide any information despite repeated reminders from the NHRC. Recently, the state government finally agreed to start departmental proceedings against the two guilty officers. In one of its proceedings in the case, the NHRC observed “it is a glaring case where the government officers/officials in connivance with the factory owner made all efforts to save the factory owners from all types of criminal actions.”

Child labour is thriving only due to lack of seriousness of the state governments to take action against the violators including its officials who connive with them.

Unless enforcement mechanism is strengthened little could be done to arrest child labour. There is also the need to buttress the provisions for rehabilitation apart from the need to add more in the list of prohibited employments for children.


Published on Merinews.com, 4 July 2012

All flood-stranded villagers rescued in Arunachal

By Tejang Chakma


AS MANY as 185 Chakma villagers stranded in flash floods for more than three days in Arunachal Pradesh's Changlang district were finally rescued by an Indian Air Force (IAF) team on June 28, 2012.

The IAF was pressed into action after rescue operations by the Army and the local administration failed. The rescue operation began at 10.30 am and lasted for almost three hours. All the stranded and starving villagers which included women, children and aged were successfully evacuated by a Mi-17 chopper by 12.45 pm.

The smooth IAF rescue operation was made possible only after some expert swimmers, encouraged by Changlang Deputy Commissioner Opak Gao and Bordumsa ADC Kento Riba, monoeuvered across the turbulent river in two country boats to reach the inaccessible area where they built a makeshift helipad by planks that facilitated the landing of a chopper.

The IAF-rescued villagers joined other displaced families in temporary relief camps.


Arunachal Pradesh is prone to floods in particular during the monsoon. Due to high annual rainfall and geological fragility of the region, the floods render many people homeless, devastate agriculture, destroy road communication, towns and other public assets. In Changlang district, the Noa-Dehing river wreaks havoc. Thousand acres of lands have been lost in the last many years.

Published by Merinews.com, 29 June 2012

Army struggles to rescue 300 villagers trapped by Arunachal's flood

By Tejang Chakma

Published by Merinews.com, 28 June 2012

"The government and the Army failed to rescue about 300 Chakma villagers who are left stranded due to the flood fury in Arunachal Pradesh. Only about 150 villagers have been rescued and sheltered in relief camps so far."

AT LEAST 300 Chakma villagers trapped in flash flood water in Changlang district of Arunachal Pradesh could not be rescued till the morning of June 27. The villagers have been left stranded after their village was tore apart by the swollen Noa-Dehing river due to incessant rains in the intervening night of 23-24 June. Their conditions remained unknown.

On Monday, about 150 villagers were rescued by 100-odd country boats. However, majority of the people remained trapped as the Army’s mechanized motorboats failed to sail through turbulent flow and bad weather. The failure of the Army to rescue the remaining villagers prompted the local administration to press for the helicopter services. The state’s Chief Minister Nabam Tuki who has been personally monitoring the grave situation gave a go-ahead signal for deploying helicopters to rescue the villagers.

Nabam Tuki also sounded a red alert across the state in view of the devastating effect caused by incessant rains in the last several days. The Chief Minister has also sanctioned Rs 10 lakh to each of the Deputy Commissioners and Rs 5 lakh to each of Additional Deputy Commissioners.

The State’s Chief Secretary has also issued instructions to all administrative officers, including Deputy Commissioners and police in the districts, to remain alert and assess the situation immediately and submit their reports. Similar instructions were also issued to the District Disaster Management Departments to alert all the relief and rehabilitation officers. The medical department has further been alerted to keep medicines in sufficient stock, while the civil supplies department has been asked to keep in stock sufficient foodgrains to meet any eventuality.

The steps taken by the government are commendable. However, the failure to rescue the remaining villagers even after three days indicates lack of preparedness and prompt activation of the emergency response plan. The approach at best has been reactive-responding to disasters after they occur. This is despite the fact that, for instance, the Deputy Commissioner, Changlang has reviewed the preparedness to tackle the monsoon fury with the HoDs, Assam Rifles and CRPF last month.

It is important to save the lives of the stranded villagers at the earliest but at the same time this should be an important lesson to be learnt.