A Critical Analysis Of State Of Arunachal Pradesh V. Khudiram Chakma (AIR 1994 SC 1461)

Akash Singh, B.A. LL.B. Hons., Dr. Ram Manohar National Law University, Lucknow (B.A. LL.B. Hons.) & Pursuing LL.M. from National Law University and Judicial Academy, Assam

INTRODUCTION

Chakmas are tribal people, “who are followers of Theravada Buddhism with a mixture of Hinduism/animism.”1 They faced ‘religious persecution’ in East Pakistan, for being “a religious minority in a Muslim dominated country.”2 They migrated and took refuge in India. The reason for their migration was that “their land was submerged by the Kaptai dam in the 1960s.”3 According to the 2011 census, 47,471 Chakmas live in Arunachal Pradesh alone.4

In spite of being the largest democracy of the world, India lacks a legal framework or a national policy dealing with refugees. India is not a party to the 1951 United Nations ‘Convention relating to the Status of Refugees’ and the 1967 Protocol.

State of Arunachal Pradesh v. Khudiram Chakma5 is a landmark case in which the Supreme Court of India, which for the first time dealt with the issue of the Chakmas of Arunachal Pradesh, who were declared “foreigners” by the Government. The Division Bench had to decide about fundamental rights of the refugees, who were designated as ‘foreigners’ by the Government and the limitations on such rights. In the absence of a Refugee Legislation in India, the Supreme Court also relied on “the moral authority” of the Universal Declaration of Human Rights for the protection of asylum seekers.