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IN
KHOWAI, TRIPURA-799203
TRIPURA-799125
2
VERSUS
1) UNION OF INDIA,
NEW DELHI-110001
SOUTH BLOCK,
NEW DELHI-110001
COMMISSIONER OF INDIA,
NEW DELHI-110011
NIRVACHAN SADAN.
ASHOKA ROAD,
NEW DELHI
3
5) STATE OF TRIPURA,
TRIPURA SECRETARIAT,
KHEJURBAGAN, AGARTALA,
RESPONDENTS
TO,
4
capacity of a majority of the indigenous people living in
position that Tripura and Assam have faced the major brunt
5
and also to detect and identify the illegal immigrants/non-
date.
6
raising the following specific issues for consideration by this
Hon’ble Court:
Citizens;
of India;
is an inviolable right;
7
diluted the political rights of the citizens of the State of
Tripura.
5) DESCRIPTION OF PARTIES
College, Tripura.
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b) The petitioner no 2 is a graduate from Tripura University and
immigrants.
illegal immigrants.
9
initiate bi-lateral talks with Bangladesh and draw up an
106-112)
10
authority, jurisdiction and powers for and in relation to
113-117)
Territory.
11
f) During the Census of 1951, a National Register of
127-132)
12
the Union Government, the Government of Tripura and
5(Pages 133-138)
13
14/07/2004 is annexed hereto and marked as Annexure
14
marginalized Borok’s and other indigenous tribal people,
15
A copy of the memorandum dated 15/10/2016 submitted
(Pages 187-192)
(Pages193-196)
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7) ILLEGAL IMMIGRATION & AND ITS THREAT TO INDIA’S
INTERNAL SECURITY:
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morphed into a full-fledged insurgency is Tripura,
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did not subside in Tripura. The signing of the peace
19
given region, in contrast to groups that have settled,
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employment, health, education and natural resources.
21
e) James Anaya, former Special Rapporteur on the
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Indigenous and Other Tribal and Semi-Tribal
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i) In 1970, then UN Sub-Commission on Prevention of
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Convention No. 169 concerning Indigenous and Tribal
border.
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iv. Competitive politics of vote-bank and the
cyclones.
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claim themselves to be Bengali Refugees,
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high levels of migration combine with other
housing etc.
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c) The economic consequences of illegal migration into
ethnic preponderance
29
have been adding a good number of
30
be 19/07/1948 (Article 6 of the
24/03/1971.
31
Maharani Kanchanprava Devi, who was running the
conflict that ravaged the tiny state for more than three
32
is reinforced by economic development, in which the
tiny state.
33
the hardy peasantry of eastern Bengal was issued
34
Bengalis displaced from East Pakistan came to
buy land.
35
keeping with the population ratio of the two
36
a large number of Bangladeshi Nationals who have
reasons.
37
other indigenous tribals of Tripura. It is basically an
15, 1947, but she is yet to get her freedom from the
Bagladesh.
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10) RELEVANT CONSTITUTIONAL PROVISIONS VIS-
into two classes; i.e. those who migrated to India before 19-
39
of March 1947 migrated from the territory of India to the
GOVERNMENT OF INDIA
ORDER
2. Constitution of Tribunals:-
opinion.
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(1-A) The registering authority appointed under sub-rule (1)
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(2) Subject to the provisions of this Order, the Tribunal shall
4. Powers of Tribunals:-
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throughout the country a house-to-house enumeration
Citizen Registration.
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district or Taluk Registrar of Citizen Registration,
Citizens.
(6) (a) The draft of the Local Register of Indian Citizens shall
Registration.
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(c) Subject to the provisions contained in clause (a) of
Registration.
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administration of Scheduled Areas and the
following way:
“The Tribe
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The term “Tribe” is nowhere defined in the
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indigenous peoples in 1970 had accepted that
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"indigenous peoples". This fact deserves to be
America.”
TRIPURA
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development and progress among the tribal communities
their livelihoods.
50
Committee of Kamalpur Sub-Division, Dhalai District,
Tripura.
51
culture and tradition, which is extremely important in
Khowai,Kamalpur,Kailasahar,Dharmanagar,Udaipur,Ama
taken place and this trend has continued till the present
the hills.
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contrary to the Provisions of the 6th schedule of the
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the land revenue and resolve the rehabilitation problem.
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(total land involved=18,840.22 acres) out of which 3,633
1968 was made the cut off year to rationalise the transfer
ARTICLE 21
55
thereby resulting in a direct infringement of Article 21 of the
56
colour of an "anti bengali propaganda” which is actually an
illegal migrants.
TRADITIONS
any."
57
Once here, each seeks to bring his relatives to join
instruments.
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Creative Diversity, 1995) and the Intergovernmental
59
which the members of a society can communicate on
common humanity"
60
Summit, it has been so declared: "We acknowledge
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contribution of culture in achieving sustainable
Development Goals.
62
should not be subservient to social, cultural or
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Everyone has the right to the protection of the
he is the author."
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members of these populations to secure the
members."
65
derived from the encouragement and
components.”
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Indigenous peoples have the right to the lands,
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used. Indigenous peoples shall have the right to
68
(1994)3SCC394, at $CC p. 409, para 27, C.
page 536)
no right to be in India.
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16) SOCIO-CULTURAL PRACTICES OF THE
language.
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population of the state (Census 2011). The ST
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Tripura, like other communities, immigrated to this
like the Mag and Chakma, and Christian ones like the
socio-religious in nature.
72
the aftermath of India'a independence and partition.
senses.
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and other festivals. Each tribal community has their
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fermented dried puthi fish. The food of Tripura is made
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practices of the indigenous people. Further the place
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their King) has been changed to Rudrasagar Lake.
additional affidavit.
77
the meeting in the village. All the above traditional
21 of the Constitution.
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introduced in 1951 across India and currently
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restored. The total inaction of the respondents in this
Constitution.
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people who have already been reduced to a minority
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similar exercise is also undertaken by the respondent
no 4 in Tripura.
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Subsequently the State signed a Memorandum of
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petitioners herein the cut-off date must be 19/07/1948
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manner laid down by the Government of India. The
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of demands. It was clearly demonstrated through
14 of the Constitution.
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representative in the 6th Committee of the General
aggression.
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activities of migrant aliens promotes cheap labour
Tripura.
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be both constitutionally as well as judicially
susceptible.
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reduced to a minority in Tripura. Hence this inaction
ultra-vires.
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encroachment of tribal lands. This has led to
freely.”
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q. FOR THAT Article 13 of the International Labour
of this relationship.”
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guaranteed them their share of special rights in as
country.
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t. FOR THAT the population patterns of Tripura have
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Ratio of Tribal and Non-Tribal population at the beginning of the
the century
Years Tribe
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Roshnabad, Komila and Syhlet. These 3 places became
part of East Pakistan in 1947. It’s only the hill Tripura part
almost 93%.
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be equally applicable to Tripura. The constitutional
the respondents.
illegal migrants.
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India to protect such rights of the indigenous people of
country.
18) That the petitioners seek the leave and liberty of this
98
any of the afore-stated grounds if so advised at a later
stage.
never earlier filed any other writ petition before this Hon’ble
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set up an effective mechanism for the detection of illegal
the names of all the non-citizens are deleted from the same;
the Constitution.
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22) That this petition is made bonafide and for the ends of
justice.
following
PRAYER
would graciously be pleased to admit this writ petition, call for the
to why the reliefs prayed for should not be granted. And upon
to issue:
101
c) a writ in the nature of Mandamus or any other appropriate
the electoral rolls in Tripura so that the names of all the non-
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g) a writ in the nature of Mandamus or any other appropriate
International Covenants;
k) Issue Rule Nisi in terms of prayers (a), (b), (c), (d), (e), (f),
your Lordships may deem fit and proper in the facts and
103
AND FOR THIS ACT OF KINDNESS, YOUR PETITIONER AS IN
Drawn by Filed by
104
IN THE SUPREME COURT OF INDIA
VERSUS
AFFIDAVIT
105
above and I say that the same are true and correct to my
3. That the Annexure P-1 to P12 (Pages 106-196) are true and
DEPONENT
VERIFICATION
para 1 to para 3 of the above affidavit are true and correct to the
Delhi.
106
ANNEXUREP-1
107
Government of India Act, 1935, as in force in the Dominion of
Accession.
108
form part of this Instrument and shall be construed and have
effect accordingly.
Instrument.
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under this Instrument, the exercise of any owners, authority
Sd/Louis Mountbaten
Governor-General of India.
SCHEDULE
A. DEFENCE
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1. The naval, military and air force of the Dominion and any
cantonment area.
4. Explosives.
B. EXTERNAL AFFAIRS
3. Naturalisation.
C. COMMUNICATION
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1. Posts and Telegraphs, including telephone, wireless
4. Port quarantine.
authorities therein.
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9. Extension of the powers and jurisdiction of members of the
that unit.
D. ANCILLARY
matters.
aforesaid matters.
TRUE COPY
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ANNEXURE P-2
of Tripura.[1]
Dominion Government:—
Article I
said day).
Article II
The Maharaja shall with effect from the said day be entitled to
receive from revenues of the State annually for his privy purse the
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the Ruler and his family, including expenses on account of his
for any reason whatsoever.[1] The said sum may be drawn by the
Article III
property.[1]
judge and the decision of that officer shall be final and binding on
both parties.[1]
Article IV
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Tripura, whether within or without the State, immediately before
15 August 1947.
Article V
the State, immediately before the 15th day of August, 1947. [1]
Article VI
Article VII
State.[1]
Article VIII
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public services of Tripura on conditions which will be no less
compensation.[1]
Article IX
India.[1]
117
Maharani Regent of Tripura, has appended her signature on
successors.[1]
TRUE COPY
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ANNEXURE P-3
fact that these rights are guaranteed to all minorities in India by its
119
B
transit;
Government concerned;
120
5. Rights of ownership in or occupancy of the immoveable
121
The Government of East Bengal, West Bengal, Assam and
Committees.
functions.
migrants who may have left East Bengal for any part of India,
122
where necessary. Special Courts will, where necessary, be
punished.
of abducted women.
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between them and shall take prompt and effective action
propaganda.
Sub- paragraphs (1), (2) , (3), (4), (5), ( 7) and (8) of C of the
their homes, the two Governments have decided (i) to depute two
immediately.
East Bengal, one for West Bengal and one for Assam. These
described below.
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1. Each Commission will consist of one Minister of the
Agreement.
125
6. The two Ministers of the Central Governments will from time
consider necessary.
breaches or neglect.
period referred to in E.
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that are assigned under the Agreement to the Minority
Assam.
JAWAHARLAL NEHRU.
NEW DELHI
TRUE COPY
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ANNEXURE – P4
and friendship,
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DETERMINED to safeguard peace, stability and security
the one hand, and the People’s Republic of Bangla Desh, on the
ARTICLE 1
129
together, solemnly declare that there should be lasting peace and
ARTICLE 2
ARTICLE 3
130
for easing tension in the world, maintaining international peace
independence.
ARTICLE 4
ARTICLE 5
ARTICLE 6
studies and take joint action in the fields of flood control, river
and irrigation.
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ARTICLE 7
ARTICLE 8
aggression against the other party and shall not allow the use of
its territory for committing any act that may cause military damage
Contracting Party.
ARTICLE 9
ARTICLE 10
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Each of the High Contracting Parties solemnly declares that,
Treaty.
ARTICLE 11
Contracting Parties.
The Treaty shall come into force with immediate effect from
ARTICLE 12
Bangladesh
TRUE COPY
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ANNEXURE P-5
Volunteers (TNV)
12 August 1988
Preamble
prevailed.
India. The TNV also furnished its by-laws which conform to the
representatives of TNV.
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Deposit of Arms and Ammunition and stopping of underground
activities by TNV.
TNV with their arms, ammunition and equipment within one month
Rehabilitation of undergrounds
135
Bangladesh border in Tripura section for better patrolling and vigil.
tribals
will be taken including those for the enactment of the Bill for the
its dissolution.
136
It was agreed that following measures will be taken:
under the Tripura Land Revenue and Land Reforms Act, 1960;
to tribals.
Area
137
Maximum emphasis will be placed on extensive and intensive
handicrafts.
government.
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fisheries and plantations, with a view to weaning them away from
assistance.
relates to Tripura.
TRUE COPY
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ANNEXURE P-6
MEMORANDUM OF SETTLEMENT
AND
Whereas All Tripura Tribal Force have given a clear indication that
they would like to give up the path of armed struggle and would
like to resume a normal life and they have decided to abandon the
140
Tripura to join the mainstream and to help in the cause of building
a prosperous Tripura
AND
and between the parties hereto that the FIRST ATTF shall give up
who have come to Tripura after 25 th March, 1971 and are not in
Tripura.
in items of the Tripura Land Revenue and Land Reform Act, 1960
majority villages which now fall outside the ADC area and are
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(E) Introduction of Inner line permit: - The case for introduction of
(F) Village Police Force for the ADC: - The constitution of village
seats to 25 (Twenty-five).
Borok and other Tribal Languages, Steps Would also taken for the
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introduction in phase of Kok Borak at Progressively higher levels
of education.
Historical Monument .
initiated to ensure that all villages and rivers which earlier had
TTAADC areas.
143
decided by the Government. They will be provided with Police
required.
provided with a house with GCI sheet raffling with a floor area of
provided that the cost of each house shall not exceed Rs.
(Rupees five hundred) only per month, so, however, that the
(ten) months.
144
(2) Shri Ramcndra Reang, Vice-President, ATTF,
Have hereunto set their hand on the date, month and year as
afore-mentioned.
President, ATTF.
Treasurer, ATTF.
Accountant, ATTF .
Sd/-M. Damodaran
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Chief Secretary
Government of Tripura
TRUE COPY
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ANNEXURE – P7
GOVERNMENT OF INDIA
RAJYA SABHA
(SAKA)
day:
147
ANSWER
AFFAIRS
***
on 31.12.2001.
No.
1 ANDHRA PRADESH
3 ASSAM 50,00,000
4 BIHAR 4,79,000
5 GOA -
6 GUJARAT 100
7 HARYANA 550
8 HIMACHAL PRADESH -
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10 KARNATAKA -
11 KERALA -
13 MAHARASHTRA 20,400
14 MANIPUR -
15 MEGHALAYA 30,000
16 MIZORAM -
17 NAGALAND 59,500
18 ORISSA 30,850
19 PUNJAB 150
20 RAJASTHAN 2,500
21 SIKKIM -
22 TAMIL NADU -
23 TRIPURA 3,25,400
27 CHANDIGARH -
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28 DADAR & NAGAR HAVELI -
30 DELHI 3,75,000
31 LAKSHDWEEP -
32 PONDICHERRY -
TOTAL 1,20,53,950
True Copy
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ANNEXURE – P8
Peoples
General Assembly,
resolution.
151
13 September 2007
Annex
socially unjust,
152
result of, inter alia, their colonization and dispossession of their
153
Recognizing that respect for indigenous knowledge, cultures and
States,
154
and the International Covenant on Civil and Political Rights, as
development,
concerned,
indigenous peoples,
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Believing that this Declaration is a further important step forward
consideration,
Article 1
156
fundamental freedoms as recognized in the Charter of the
Article 2
identity.
Article 3
development.
Article 4
autonomous functions.
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Article 5
Article 6
Article 7
Article 8
their culture.
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2. States shall provide effective mechanisms for
identities;
resources;
of their rights;
against them.
Article 9
159
Article 10
Article 11
customs.
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Article 12
Article 13
persons.
161
indigenous peoples can understand and be
Article 14
learning.
without discrimination.
language.
Article 15
162
aspirations which shall be appropriately reflected in
Article 16
discrimination.
diversity.
Article 17
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1. Indigenous individuals and peoples have the right to
Article 18
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Article 19
Article 20
economic activities.
fair redress.
Article 21
165
retraining, housing, sanitation, health and social
security.
Article 22
Article 23
166
right to be actively involved in developing and determining
Article 24
Article 25
167
to uphold their responsibilities to future generations in this
regard.
Article 26
Article 27
168
and land tenure systems, to recognize and adjudicate the
process.
Article 28
consent.
appropriate redress.
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Article 29
implemented.
Article 30
170
2. States shall undertake effective consultations with the
Article 31
171
Article 32
impact.
Article 33
172
of indigenous individuals to obtain citizenship of the
Article 34
Article 35
Article 36
173
social purposes, with their own members as well as
of this right.
Article 37
constructive arrangements.
constructive arrangements.
Article 38
174
legislative measures, to achieve the ends of this
Declaration.
Article 39
Article 40
Article 41
175
Declaration through the mobilization, inter alia, of financial
Article 42
Declaration.
Article 43
Article 44
176
Article 45
Article 46
177
the rights and freedoms of others and for meeting the
democratic society.
True Copy
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IN THE SUPREME COURT OF INDIA
I.A NO OF 2018
IN
VERSUS
To,
198
1) That the petitioners through the instant writ petition are
199
territory; to constitute a National Immigration Commission or
Therefore to trace back the history and put all the facts and
petitioners.
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4) That this petition is made bonafide and for the ends of
justice.
PRAYER
and events
Filed by