Enforcement Of Bru Community Accord- "Court Must Allow Administration To Evolve Political Resolution": Tripura High Court

Sparsh Upadhyay

18 Jan 2021 3:16 AM GMT

  • Enforcement Of Bru Community Accord- Court Must Allow Administration To Evolve Political Resolution: Tripura High Court

    Observing that the stage has not yet arisen for interception of the Court in such process, the Tripura High Court on Tuesday (12th January) disposed of a plea seeking full proper enforcement of the Resettlement-Accord For Bru Community. The Bench of Chief Justice Akil Kureshi and Justice S. Talapatra remarked, "We are of the opinion that the entire issue is a political one, calling...

    Observing that the stage has not yet arisen for interception of the Court in such process, the Tripura High Court on Tuesday (12th January) disposed of a plea seeking full proper enforcement of the Resettlement-Accord For Bru Community.

    The Bench of Chief Justice Akil Kureshi and Justice S. Talapatra remarked,

    "We are of the opinion that the entire issue is a political one, calling for political solution. The stage has not yet arisen for interception of the Court in such process."

    Importantly, the Court observed

    "In such extremely sensitive and complex socio-economic and political questions, the Court must allow the administration to evolve a political resolution."

    Plea before the Court

    Petitioners before the Court, claimed to espouse the cause of displaced Bru community who has been seeking proper resettlements since decades.

    The petitioners combined several issues and causes around this central question. The principal prayer of the petitioners, however, was for full proper enforcement of the accord under which the Central Government, the State Government and the Bru community arrived at a solution for permanent settlement of the displaced members of the said community in the State on stated terms.

    The Court focussed only on this issue, leaving the rest of the grievances voiced in the petition to be agitated independently in appropriate proceedings if the petitioners find it necessary to do so.

    Court's earlier order

    In September 2020, the Tripura High Court had heard this Public Interest Petition, wherein the Counsel for the petitioner had submitted before the Court, the concerns and anxiety of the petitioners regarding the full implementation of the resettlement accord of the displaced Bru community.

    The Bench of Chief Justice Akil Kureshi and Justice S. Talpatra had prima facie observed that the issues raised by the Counsel for the petitioner are predominantly socio-political in nature.

    Further the Court had remarked,

    "If at any stage, we find that the role of the Court in bringing about smooth implementation of the accord has arisen, we may consider intervening at the appropriate stage." (emphasis supplied)

    About The Bru Community

    The Brus, aka Reangs, are spread across Tripura, Mizoram and southern Assam. In Mizoram, they are scattered in Kolasib, Lunglei and Mamit districts. While many Brus of Assam and Tripura are Hindu, the Brus of Mizoram converted to Christianity over the years.

    Clashes in 1995 with the majority Mizos led to the demand for the removal of the Brus, perceived to be non-indigenous, from Mizoram's electoral rolls.

    This led to an armed movement by a Bru outfit, which killed a Mizo forest official in October 1997. The retaliatory ethnic violence saw more than 40,000 Brus fleeing to adjoining Tripura where they took shelter in six relief camps. (Source – The Hindu)

    Resettlement-Accord Of Bru Community

    Through this accord, Bru tribals, who are originally from Mizoram, and were living as refugees in Tripura since the year 1997, have been allowed to permanently settle in the State of Tripura (in case they wish to).

    This agreement would allow almost 30,000-35,000 Bru tribals to permanently settle in the state of Tripura.

    A quadripartite agreement was signed in New Delhi on January 16 2020, among the Bru leaders, the Governments of India, the State of Tripura, and the State of Mizoram.

    This agreement, when implemented, would give the Brus, the choice of living in either of the states (Mizoram or Tripura).

    Case Title - Maharaja Pradyot Bikram Kishore Debbarma & others v. Union of India & others [WP(C)(PIL) No.10/2020]

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