EMN
DIMAPUR, NOVEMBER 28
A hearing at the High Court of Delhi on November 27 marked another important step towards justice for Naga human rights activists Luingam Luithui and Peingamla Luithui, according to Naga Peoples Movement for Human Rights (NPMHR).
It said Mr and Mrs. Luithui have been living in virtual exile in Canada for almost 20 years after the Government of India arbitrarily impounded their passports. A writ filed by Mr. and Mrs. Luithui, and 12 members of their immediate family and clan, demands the full restoration of their citizenship rights.
Counsels representing the plaintiffs pointed out the illegality and unconstitutionality of impounding Mr. Luithui’s passport without providing him due notice and opportunity to respond, as required by law, the NPMHR claimed.
According to NPMHR statement, Mr. and Mrs. Luithui became Canadian citizens in 2006, almost a decade after his passport was impounded and she was not issued a temporary travel document or duplicate passports after hers was pick pocketed. Indian law does not recognize dual citizenship, and Indian citizens who voluntarily acquire citizenship in another country forfeit their Indian citizenship. The petition argues that the decision of Mr. and Mrs. Luithui to seek Canadian citizenship does not fit this provision as it was a decision forced on them by the illegal actions of the Indian government which rendered them stateless, the Naga rights body also said.
According to NPMHR, at the High Court hearing, the Chief Justice determined that a tourist visa issued to the couple so that they could be present in the Court was not an adequate response to the serious issues raised in the petition. The Court was not satisfied with the Government’s failure to file a counter-affidavit which addressed the contentions raised in the petition. The High Court then gave the Government of India four weeks to file its counter-affidavit.
The NPMHR hopes that the response of the Government of India will finally put on record the explanation for its actions persecuting Mr. and Mrs. Luithui, and that the Court will provide justice in the case.
Luithui, an internationally renowned advocate for civil rights and the rights of indigenous peoples, was one of the founders of both the Naga Peoples Movement for Human Rights and the Asia Indigenous Peoples Pact among others, the NPMHR added.
The denial of Mr. and Mrs. Luithui’s citizenship has deprived them the opportunity to freely travel to and from their homeland and to enjoy their rights as citizens, the NPMHR also said.
A temporary tourist visa was issued to the couple as a consequence of the previous hearing into this petition. Following the issuance of tourist visa, Mr. Luithui and Ms. Peingamla attended the Court hearing on November 27.
Aside from NPMHR members, the hearing was attended by many supporters of Mr. and Mrs. Luithui, including indigenous rights advocates from Malaysia, Denmark, Switzerland and Canada who were on hand to observe the proceedings.
The case has been adjourned until February 10, 2015.
Luingam Luithui has been involved from his youth in the formation of many mass-based platforms and has served in various human rights organisations. A signatory to the letter petition that eventually resulted in the Supreme Court of India’s judgment on Armed Forces Special Powers Act (AFSPA) in NPMHR v. Union of India (1998 2 SCC 109), his human rights work transcends borders and peoples. During the Emergency period, as a student in Delhi he actively, along with others, worked for the rights of ordinary citizens.
In the latter part of the 1980s, recognising the need for an indigenous peoples’ platform for Asia, he took the lead in setting up the Asia Indigenous Peoples Pact (AIPP) eventually becoming its first Secretary General for two consecutive terms from 1992 till 2000. He was also involved in United Nations’ processes on human rights actively contributing to the UN’s Working Group on Indigenous Populations and the drafting of the UN Declaration on the Rights of Indigenous Peoples. In 1993, as a special invitee, he addressed the UN Conference on Human Rights, Vienna on issues of indigenous and tribal peoples in Asia.
Aside from Mr. and Mrs. Luithui, twelve others forming their nuclear and extended families and members of the Luithui clan and other family elders, the Chairman of Langdang Phungcham, and the Pastor of Langdang Phungcham Baptist Church are also petitioners in the present writ
The Petitioners were represented by Senior Advocate, Mr. M.S. Ganesh, assisted by Ms. Shomona Khanna, Mr. K. Seshachary, and Ms. Sahana Basavapatna, Advocates.
