The term “Internally Displaced Persons” is a complex issue itself with the growing number of debates worldwide. In order to deal with the problems & issues in Manipur relating to IDP(s), one can examine the constitutional status of the people of Manipur. The people of Manipur merged into the Indian dominion by executing merger agreement which was signed on 15th September, 1949 between the Maharaja of Manipur and Authority of the Union Of India. Such agreement came into force w.e.f. 15th October, 1949.

The present Constitution of India was initially adopted on 26th November, 1949 & officially declared on 26th January, 1950. The Constitution of India, in its preamble used the word “We The People Of India” and such people of India as per the Operation of Article 5 of Constitution Of India became the citizens of the country. And such people of India, by virtue of the operation of the Constitution in Part-II Article 5 of the Constitution are termed as citizen/citizenship. Article 11 of the Constitution has entrusted the Parliament to regulate the right of citizenship by law. As such, the Indian Citizenship Act, 1955 which is being amended from time to time proposefully, situated thus the IDP(s) are to be protected under the provisions of the Constitution of India & read together with the Citizenship Act, 1955.

It is learnt that the present recorded and recognized IDP(s) as per the relevant records of the Government of Manipur, are the citizens of India residing within the state of Manipur. Therefore, it is a bounden duty of the authority of the Government of Manipur and the Central Government to treat them properly and effectively with the possible means and ways by giving special care and assistance when they are facing so many multiple challenges.

Those IDP(s)/citizens are compelled to leave their respective homes/location to save their valuable lives and properties etc due to recent unfortunate crisis/violence commencing from 3rd May, 2023. Such displacement can also occur due to flood, cyclone, earthquake and other natural disasters as well. The present recorded and recognized displaced person of about 65,000 people are taking shelter at the different places at several relief camps arranged by the State Government in different areas/districts of Manipur for their lives and livelihood.

On behalf of all the IDP(s) across the community and ethnic lines, some Civil Society Organization (CSO) are also approaching the authority of the government of Manipur by submitting memorandum from time to time for seeking immediate equitable administrative action or multiple issues to maintain peace and public safety for the welfare of individual and families. Those individual and members of families are facing multiple challenges. Broadly speaking IDP(s) are losing their homes and livelihood and social normal lives. Despite these efforts it appears that the authority of the Government and CSO’s operating in Manipur are attempting to address effective protection by taking them to resettlement and other necessary relief etc. whenever required to ensure the meaning of co-existence as citizens of this Country.

There are legal instruments aiming to safeguard the rights and well being of the displaced population and provides mechanisms for their protection and assistance. The Constitution of India contains similar provisions in order to protect the rights of IDP(s). In this regards, fundamental rights such as right to life and personal liberty and right to equality are particularly relevant in ensuring the protection and dignity of IDP(s) in Manipur are the relating valuable provision etc.

CONSTITUTIONAL PROVISIONS

The Constitution of India, as the supreme law of the land, contains several provisions that are pertinent to the protection of rights of IDPs. The constitutional provisions serve as foundational principles guiding the legal framework governing internal displacement of the country. Key constitutional provisions relevant to the protection of IDPs include:

(i) Right to life and personal liberty: Article 21 of the constitution guarantees the right of the life and personal liberty, which encompasses the protection of the dignity and welfare of all individuals, including internally displaced persons.

This fundamental right ensures that IDP(S) are entitled to live with dignity and security, free from arbitrary displacement or threats to their life and personal liberty.

(ii) Right to Equality: Article 14 of the Constitution ensures the right to equality before the law and equal protection of the laws. This provision prohibits discrimination on various grounds, including race, religion, caste, or sex. It ensures that the IDPs are treated equally and are not subjected to discrimination or marginalization based on their displacement status.

(iii) Directive Principle of State Policy: Part IV of the Constitution contains Directive Principles of State Policy, which provide guidelines for the State in formulating laws and policies for the welfare of the people. Several directive principles are relevant to the protection of IDPs including:

Article 39(e) – Directs the State to ensure that the health and strength of workers, men and women, and the tender age of children are not abused.

Article 39(f) – Obligates the State to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity.

Article 41 – Mandates the State to secure the right to work, education, and public assistance in case of unemployment, old age, sickness and disablement.

Article 47 – Directs the State to raise the level of nutrition and the standard of living and to improve public health.

(iv) Fundamental Duties: Article 51A of the Constitution outlines the fundamental duties of citizens towards the State and society. While not enforceable by law, these duties emphasize the importance of promoting harmony and the spirit of common brotherhood among all the people of India. This includes fostering a sense of empathy and solidarity towards internally displaced persons and advocating for their rights and well being

Apart from the Present problems & issues of IDP(s) faced by the individuals and families of the IDP(s) in Manipur, there are complex and often multi-faceted issues as being uprooted from their homes due to various factors such as armed conflict, ethnic crisis, development projects and natural disasters etc. in the same way as the problems facing by the other millions of Indians due to natural disaster, development projects, armed conflict etc. The Country’s diverse socio-economy, cultural and geographical landscape present unique challenges in addressing the needs and the rights of the IDP(s).

The Constitutional provisions play a crucial role in shaping the legal framework governing the internally displaced person of India. They provide the foundational principles and values that guide legislative and policy measures aimed at protecting the rights and dignity of IDP(s). Additionally, they serve as a basis for judicial interpretation and enforcement of laws related to internal displacement, ensuring that IDP(s) are afforded adequate protection and assistance under the law.

Actually, Constitutional provisions would play a crucial role in shaping the legal framework governing internal displacement in India, particularly in Manipur in the present context.

There are landmark Judgements related to Internal Displacement having been significantly shaped the legal landscape concerning the displacement rehabilitation & the resettlement. Where there may not be specific Judgements exclusively focused on Internally Displaced Persons, however several judicial decisions have established important principles & precedents for the protection of IDP(s).

One of the earliest landmark cases reported in 1985 (3 SCC 545) (Olga Tellis Vs. Bombay Municipal Corporation). The Hon’ble Supreme Court of India recognized the right to livelihood as a Fundamental Right under Article 21 of the Constitution of India. The Judgement affirmed the importance of protecting the rights of re-settlement & rehabilitation measures to safeguard the dignity & well-being of affected persons.

As per the Judgement of the Supreme Court reported in 1996 (2 SCC 549) (Chameli Singh Vs. State of U.P.) The Hon’ble Supreme Court upheld the right to shelter as a Fundamental Right under Article 21 and emphasized the duty of the State to provide alternative accommodation & basic amenities to Displaced persons ensuring their protection & dignity as DP(s) are the citizens of the country.

Similar rights are also provided as per the Judgement reported in AIR 2000 SC 3751 (Narmada Bachao Andolan Vs. Union of India) relating to the DP(s). A significant Judgement concerning the rights of gcdisplaced persons are also reported in the Judgement of the Supreme Court in (N.D. Jayal Vs. Union of India).

In the present issues of the problem of IDP(s) in Manipur, the authority of the Government has been attempting repeatedly by sitting together with the CSO(s) of Manipur & the representatives of the affected persons are still continuing to balance and maintain their rights as per the provisions of the law by constructing fabricated houses and distributing the essential commodities to take shelter in different areas of Manipur where it is considered necessary.

In India, policy frameworks play a crucial role in addressing the protection and assistance needs of IDPs. These policies provide strategic guidelines for government agencies, humanitarian organizations, and other stakeholders responding to internal displacement. The National Disaster Management Policy serves as the primary framework for disaster management, outlining strategies for preparedness, response, recovery, and risk reduction. It emphasizes a multi-sectoral approach, coordination among government and non-governmental agencies, and mainstreaming disaster risk reduction efforts to minimize the impact of disasters on vulnerable communities, including IDPs.

The National Policy on Rehabilitation and Resettlement provides principles for the rehabilitation of individuals affected by land acquisition and development projects, including internally displaced populations. It ensures fair compensation, transparent decision-making, and adequate resettlement support to restore livelihoods. The policy mandates consultation with affected communities and highlights the importance of sustainable rehabilitation to reduce the long-term impact of displacement. At the state level, many Indian states have developed their own policies and action plans tailored to regional needs in areas such as health, education, housing, and livelihoods. These policies ensure displaced populations receive essential services and support while promoting inclusive, rights-based service delivery.

Indeed these issues and problems can be restored by framing appropriate legislation and good government policies as per the provisions of the law so that hope and aspirations of the people of the Manipur particularly for those victims of the affected families and displaced persons can be acknowledged smoothly and proposefully in a manner agreeable and acceptable to protect the precious life and livelihood and to maintain the dignity as citizens of the country.

It is worth to mentioning that appropriate legislation was enacted by Parliament in the matter of the Displaced Persons which is known as the Displaced Persons (Compensation & Rehabilitation) Act, 1954, in that relevant act, Displaced Persons are also defined and the Act also provides for compensation of the Displaced Persons and for that a compensation pool is also provided under this Act etc..

In the line of analogy of similar nature of facts and in order to consider a long lasting solution to avoid such sufferings of the citizens concerned an appropriate suitable legislation and policy has been felt necessary to enact to protect and maintain valuable legal rights for the affected individuals & families concerned so as to maintain and achieve the goal of constitution of India and other human right laws for the people/citizen residing in the State of Manipur so that rule of law and rule of justice and good governance may maintain for the welfare of the citizens so that democratic right and values may be more meaningful.

Long Live Indian Democracy.