7 PM Daily Editorials Brief (In-depth analysis of all the news articles of the day from different newspapers bearing relevance to Civil Services Preparation)
Granting Citizenship Rights to Chakma and Hajong Refugees: All You Need to Know Context: The Indian Government’s has taken the initiative to grant citizenship to the Chakma and Hajong refugees Who are the Chakma and Hajongs? Origins: • The Chakma and Hajongs were inhabitants of the Chittagong hill tracts of Bangladesh (formerly East Pakistan). Religion: • Chakmas are Buddhists • Hajongs are Hindus Language: • Chakmas' language is close to Bengali-Assamese • Hajongs speak a Tibeto-Burman tongue written in Assamese When and why did they come to India? • •
The Chakma and Hajongs had come to India after their land was submerged by the Kaptai Dam (Karnaphuli River) in the 1960’s. They had also faced religious persecution in erstwhile East Pakistan as they were nonMuslims and did not speak Bengali.
Where in India are the Chakma and Hajongs settled?
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The Chakma and Hajongs had entered India through the then Lushai Hills district of Assam (presently Mizoram). In the 1960s, the Chakma refugees were accommodated in the relief camps constructed in the "vacant lands" of Tirap, Lohit and Subansiri districts of the erstwhile North-East Frontier Agency (NEFA)
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7 PM Daily Editorials Brief (In-depth analysis of all the news articles of the day from different newspapers bearing relevance to Civil Services Preparation)
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Arunachal Pradesh was called North East Frontier Agency (NEFA), and was administered by the Ministry of External Affairs through the Assam Governor. The decision to settle the Chakma and Hajong refugees in NEFA (present Arunachal Pradesh) was taken after discussion with the NEFA administration.
3 reasons: • • •
There was a fear of conflict between the Mizo tribe and the refugees. Though some settled in the Lushai Hills, majority of them were moved to NEFA It was advocated that the settlement of the Chakma and Hajong refugees in NEFA would help develop the pockets that were lying uninhabited and unused. Besides, the presence of stretches of vacant land along the border was strategically not desirable and hence it was a desirable option to settle the refugees there.
The number of Chakma and Hajong Refugees at a glance: According to a 1996 white paper: •
1964-69: 4,888 persons of 2,748 families settled
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1995: More than 60,000-Number increased 300% from the originals
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According to the 2011 census, 47,471 Chakmas live in Arunachal Pradesh alone.
How has been the relation of the Chakma and Hajongs with Bangladesh? •
The Chakma and Hajongs had opposed the inclusion of the Chittagong hill tracts to erstwhile East Pakistan in 1947.
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They later opposed their inclusion in Bangladesh during East Pakistan’s Liberation War with West Pakistan in 1971, on the grounds that they are ethnic and religious minority group.
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An armed struggle “Shanti Bahini” was launched for gaining autonomy. The conflict increased the flow of refugees to India.
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In 1997, the insurgency ended with signing of a peace accord between the Bangladesh government and Shanti Bahini
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According to the accord, the Chakma, Marma, Tripura, Murang and Tanchangya were acknowledged as tribes of Bangladesh
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These tribes were entitled for benefits.
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A Regional Council was also set up to govern the Hill Tracts.
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Bangladesh had proposed to bring back the Chakma refugees settled in India. However, Chakmas did not return fearing religious persecution.
What is the legal status of the Chakmas and Hajongs? •
Originally treated as refugees
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7 PM Daily Editorials Brief (In-depth analysis of all the news articles of the day from different newspapers bearing relevance to Civil Services Preparation)
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In 1972, the government of India decided to grant the Chakma and Hajong refugees citizenship under section 5(i) (a) of the Citizenship Act after a joint statement of the Prime Ministers of India and Bangladesh At present, they don't have citizenship and land rights but are provided basic amenities by the state government. In 2005, Election Commission issued guidelines to include Chakmas and Hajongs in Arunachal Pradesh’s electoral rolls Complying with the Supreme Court order of 2015, the Centre in September 2017 had decided to grant "limited citizenship" to the Chakma and Hajong refugees living in Arunachal Pradesh
So, why grant citizenship now? •
In 2015, the Supreme Court had ordered the central Government to grant citizenship to Chakma and Hajongs. This order was passed while hearing a plea by the Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh (CCRCAP)
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After this the Central government introduced amendments to the Citizenship Act, 1955. –The Citizenship (Amendment) Bill, 2016
What is this Citizenship (Amendment) Bill, 2016? •
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The Citizenship (Amendment) Bill, 2016 seeks to allow illegal migrants belonging to Hindu, Sikh, Buddhist, Jain, and Parsi or Christian religious communities coming from Afghanistan, Bangladesh or Pakistan to be not to be imprisoned or deported. It also appeals for the minimum years of residency in India to apply for citizenship to be lessened from 11 years to 6 years for such migrants. The Bill however does not extend to illegal Muslim migrants. A major criticism of the Bill is that it makes illegal migrants eligible for citizenship on the basis of religion, which is a violation of Article 14 of the Constitution.
Why does Arunachal Pradesh have a problem with Chakma and Hajong refugees? 1. 2. 3. 4.
Affect on the demography- the indigenous tribal people would be reduced to a minority Stress on the limited resources The indigenous tribal people fear that they would be deprived of opportunities if the refugees are given equal rights. The local population also fear that the Chakmas and Hajongs are a threat to their cultural identity and social fabric.
When did the Opposition begin and what is the present status? • • • •
NEFA had no elected government or representatives and initially there was no opposition Political parties emerged only after 1972, when it was made a union territory and named Arunachal Pradesh. Arunachal Pradesh later received statehood in 1987 Opposition began after government of India’s decision o grant them citizenship in 1972 The All Arunachal Pradesh Students’ Union (AAPSU) had built up a strong movement against settling the Chakmas and Hajongs since the 1980s and the opposition continues.
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7 PM Daily Editorials Brief (In-depth analysis of all the news articles of the day from different newspapers bearing relevance to Civil Services Preparation)
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Several organisations and the civil society in Arunachal Pradesh have opposed Centre’s recent decision to grant citizenship to the Chakma and Hajongs. There have been widespread protests across Arunachal Pradesh.
So what’s next? • • •
The Centre is trying to put forward a “workable solution” It has been proposed that the refugees would not be given rights such as the land ownership as enjoyed by the Scheduled tribes in Arunachal Pradesh. However, Inner Line Permit might be provided to the refugees. The Inner Line Permit required for non-local people in Arunachal Pradesh to travel and work.
Concluding Remarks • • •
The Government must stand firm on its initiative to grant citizenship to the Chakma and Hajong Tribes. It should take initiatives to eradicate the fear that Chakmas and Hajongs are a threat to their cultural identity and social fabric of the local people. Social tension between indigenous population and migrants are often triggered due to competition for economic resources, especially land, and lack of employment opportunitiessteps should be taken to expand the economy.
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7 PM Daily Editorials Brief (In-depth analysis of all the news articles of the day from different newspapers bearing relevance to Civil Services Preparation)
Protection of Geographical Indications from infringement Context:
The Cell for IPR Promotion and Management (CIPAM) under the aegis of the Department of Industrial Policy and Promotion (DIPP), launched a social media campaign to promote Geographical Indications (GIs). What are Intellectual Property Rights? • Intellectual Property Rights (IPRs) are legal rights, which result from intellectual invention, innovation and discovery in the industrial, scientific, literary and artistic fields. • These rights entitle an individual or group to the moral and economic rights of creators in their creation. What are the types of IPRs? 1- Patent- It is a set of exclusive rights granted by a sovereign state to an inventor for a limited period of time in exchange for detailed public disclosure of an invention 2- Copyright- It is a legal right created by the law of a country that grants the creator of an original work exclusive right for its use and distribution. It includes literary & artistic works such as novels, poems, plays, films, musical works, drawing, painting, photography, sculpture, architectural designs 3- Trademark- It is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Trademarks used to identify services are usually called service marks. 4- Industrial design right- It is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. 5- Trade secret- It is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers 6- Geographical Indication (GI)- It is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country). The use of a geographical indication may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin. A recent example is of Indian variety of Basmati rice getting GI tag. What is a Geographical Indication? • •
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin The qualities, characteristics or reputation of the product should be essentially due to the place of origin.
How are geographical indications protected? Under the World Trade Organization (WTO) Agreement on Trade related aspects of Intellectual Property Rights (TRIPs), WTO members have a mandatory responsibility to recognize and protect GIs as intellectual property rights. There are three main ways to protect a geographical indication: 1- so-called Sui generis system (i.e. special regimes of protection); 2- using collective or certificate and 3- Methods focusing on business practices, including administrative product approval schemes. Created with by ForumIAS.com – The Knowledge Network for Civil Services. Visit http//forumias.com New! http://forumiasacademy – Prelims & Mains Test Series
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7 PM Daily Editorials Brief (In-depth analysis of all the news articles of the day from different newspapers bearing relevance to Civil Services Preparation)
What is Geographical Indication of Goods Registration and Protection) Act, 1999 (GI Act)? The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a sui generis act of Parliament for protection of geographical indications in India. The GI tag ensures that none other than those registered as authorised users (or at least those residing inside the geographic territory) are allowed to use the popular product name. Darjeeling tea became the first GI tagged product in India, in 2004–05, since then 261 goods had been added to the list as of June 2016.
Why GIs are important? • • • • •
GIs are of utmost importance to the country as they are an integral part of India’s rich culture and collective intellectual heritage. Goods branded as GIs can be made indigenously by local communities independently and in a self-sustaining manner. It Prevents unauthorised use of a Registered Geographical Indication by others It promotes economic prosperity of producers of goods produced in a geographical territory. GIs can also promote rural development in a significant manner and could be fitted in as the most ideal intellectual property right to bolster a programme such as ‘Make in India’. A GI is supposed to convey to a consumer the assurance of a certain quality, reputation or other characteristics of the goods on which it is applied, which are essentially attributable to its geographical origin.
What are the government steps ?
Finance Minister Arun Jaitley recently released India’s new National Intellectual Property Rights (IPR) Policy
What is the National IPR Policy? According to the government, the National IPR Policy is aims to create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies. It sets in place an institutional mechanism for implementation, monitoring and review. It aims to incorporate and adapt global best practices to the Indian scenario. 1.
Human Capital Development: To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.
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