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2014 DIGILAW 239 (TRI)

Anuradha Debbarma v. Union of India

2014-06-24

DEEPAK GUPTA, S.TALAPATRA

body2014
JUDGMENT Deepak Gupta; CJ. 1. This is a public interest litigation filed by the petitioner, who is a practicing lawyer in Agartala, wherein she has brought out the difficulties being faced by the Bru (Reang) refugees, who have been forced to leave Mizoram and are living in refugee camps in the State of Tripura. 2. We had passed a detailed order on 6th May, 2014 and, therefore, do not want to repeat what was mentioned in that order. What we would however like to point out is that we on the basis of the allegations made in the petition had come to the conclusion that the condition of the refugees in the refugee camps is very poor and we had pointed out the comparisons given by the petitioner with regard to the amount being paid to the Bru refugees, vis-à-vis the amount being paid to Kashmiri refugees, refugees from Sri Lanka etc. and had thereafter directed the Union of India to constitute a committee to look into the allegations made in the petition so that the conditions in the camps could be improved. The relevant portion of the order reads as follows: In view of the allegations made in the petition which are almost fully supported by the report of the SDM's concerned, we direct the respondent No. 1, Union of India to constitute a committee headed by an officer, not below the rank of Additional Secretary in the Ministry of Home Affairs, Govt. of India, one officer from the Ministry of Social Justice & Empowerment, Government of India, not below the rank of Joint Secretary, one officer again, not below the rank of the Joint Secretary from the Ministry of Human Resource Development, Govt. of India and one officer from the State of Tripura to be nominated by the Chief Secretary, not below the rank of the Secretary to the Government of Tripura. The Chairman of the Committee may also nominate in this committee, 3(three) members of different NGOs not belonging to the States of Mizoram or Tripura. These NGOs should be working in the field of refugees rehabilitation, human rights and children education. This committee of 7(seven) members must be constituted latest by 31st May, 2014 and thereafter, the committee should visit all the relief camps by 31st July, 2014. The committee shall submit its report on the following issues: (i) the actual condition of the camps. These NGOs should be working in the field of refugees rehabilitation, human rights and children education. This committee of 7(seven) members must be constituted latest by 31st May, 2014 and thereafter, the committee should visit all the relief camps by 31st July, 2014. The committee shall submit its report on the following issues: (i) the actual condition of the camps. (ii) the facilities provided to the refugees in the camps. (iii) the health and sanitation facilities in the camps. (iv) the level of education imparted to the children in the camps. (v) the facilities, if any, to help the refugees pass their times. In addition thereto, the committee may also point out other aspects which are necessary to improve the condition of the camps. The committee in its report shall also suggest what remedial measures should be taken to improve the conditions of the inmates of the camps. The suggestions can be of two types. The short term plans where the suggestions must be implemented at the earliest and the long term suggestions for ameliorating the life of the refugees on a long term basis. We hope and expect that the committee shall submit its report in time. List on 11th August, 2014. 3. Now, the Union of India has filed an application praying that the order may be modified. The prayer made in the application reads as follows: it is prayed that your Lordship would be pleased enough to modify the order dated 6/5/2014 passed by your Lordship in W.P.(C) (PIL) 10 of 2014 directing the Bru migrants to co-operate with the Union of India, Govt. of Tripura and Mizoram for their early repatriation to Mizoram instead of forming the committee as directed by your Lordship. 4. The prayer is twofold. The first part is that we may modify the order and direct the Bru migrants to co-operate with the Union of India. As far as clarifying this portion of the order is concerned, there is no problem with the same. We do hope and expect that the migrants who are living in the migrant camps should also be ready to go back to Mizoram. Having said so, we cannot expect them to co-operate unless the situation in Mizoram is congenial enough for them to go back to Mizoram. We do hope and expect that the migrants who are living in the migrant camps should also be ready to go back to Mizoram. Having said so, we cannot expect them to co-operate unless the situation in Mizoram is congenial enough for them to go back to Mizoram. We must remember that these are refugees who have left their homeland Mizoram not because they wanted to come to Tripura on their own volition but because they were virtually forced to leave Mizoram. They are not engaged in any gainful employment in Tripura but are living in sub-human conditions in refugee camps. 5. Reply to this application has been filed by the petitioner and it is stated that the inmates of these refugee camps are ready and willing to go back to Mizoram subject to certain conditions. These conditions are: (1) That their security in Mizoram should be ensured, if necessary, by rehabilitating them at such places where central police forces are available. (2) The refugees have also prayed that the financial package should be enhanced suitably. 6. In the application, the Union of India also stated that it has provided Rs. 222 crores to the Government of Tripura till date for maintenance of the Bru refugees lodged in various relief camps. In addition, a sum of Rs. 44 crores has been provided to the Government of Mizoram for disbursement to the Bru migrant families. These are not small amounts and, therefore, both the State of Mizoram respondent No. 2 and the State of Tripura respondent No. 3 are directed to file affidavits stating how these amounts have been spent. 7. However, we must point out that on the one hand the Union of India states that it has provided Rs. 222 crores to the Government of Tripura but in para-10 of this very application it is stated that against the amount of Rs. 26 to Rs. 28 crores demanded by the Government of Tripura for the financial year 2012-13 to 2014-15 only 18.15 crores and 10.46 crores had been given. This point may also be clarified. 8. Regarding the facilities being provided to the inmates of the camps we are not satisfied with what has been stated in the application and here we may make reference to para-13 of the reply which has been filed by the petitioner which reads as follows: 13. Besides, govt. This point may also be clarified. 8. Regarding the facilities being provided to the inmates of the camps we are not satisfied with what has been stated in the application and here we may make reference to para-13 of the reply which has been filed by the petitioner which reads as follows: 13. Besides, govt. provision like Cash Dole @ Rs. 05/- per adult per day, Cash Dole @ 2.50/- per minor per day; Rice per adult per day @ 600 grams; Rice per minor per day @ 250 grams; Salt per adult per day 25 gms; Salt per minor per day 12.5 gms; Cash in lieu of Coconut Oil per family per month Rs. 10/- (and not Rs. 20/- as given in the Affidavit); Cash in lieu for Puja Garments Rs. 574/- per adult per year (Rate increase per year 10%); Cash in lieu for Puja Garments Rs. 455/- per minor per year (Rate increase per year 10%); Chappal (inferior quality) once in a 2 years one pair, one Net Mosquito per family in every three years, one bathing soap per family per year, etc. are difficult to digest for any human being to survive for 16 long years. 9. This clearly shows that what is being paid to the refugees is a pittance and not sufficient for any human being to survive in today's day and age. Therefore, we are of the considered view that a committee must look into the grievances of the refugees. 10. We are also not unmindful of the fact that finally this dispute can only be resolved by sending the Bru refugees back to their homeland or by rehabilitating them at some other place. They belong to the poorest section of society. They are totally dependent on the State. As such, we are not inclined to modify our conditions with regard to the appointment of the committee but the only modification we make is that in view of the delay which has already occurred, the committee shall be constituted latest by 15th July, 2014 and it should visit the camps by 31st August, 2014 and submit its report to us by 12th September and the matter be listed in Court on 15th September, 2014. A copy of this order be supplied to Mr. P.K. Biswas, learned senior counsel, appearing for the Union of India.