NRC in ASSAM

 Why NRC in ASSAM in the news?

Recently, Assam Chief Minister Himanta Biswa Sarma announced that the government has decided not to issue Aadhaar cards to individuals who did not apply for inclusion in the National Register of Citizens (NRC) in 2014.

About the National Register of Citizens:

The National Register of Citizens (NRC) is a record that lists the names of legitimate Indian citizens living in the country.

This initiative by the Indian government aims to identify and deport illegal immigrants by the Citizenship Act of 1955, the Foreigners Act of 1946, and the Passport (Entry into India) Act of 1920.

A nationwide NRC was first established in 1951 following the Census of 1951. Currently, only the state of Assam has an NRC, which was mandated and is overseen by the Supreme Court since 2014.

The Registrar General and Census Commissioner serve as the nodal agency for the NRC. Following its implementation in Assam, there has been increasing advocacy for extending the NRC across the entire country.

Need for NRC

The NRC’s necessity in India has sparked considerable debate due to issues surrounding illegal migration and citizenship verification:

• Identify Illegal Immigrants: The NRC’s goal is to identify and document all legitimate citizens, which would aid in identifying and deporting illegal immigrants. For instance, the Ministry of Home Affairs’ affidavit references a report indicating that over 4.5 lakh people migrated from East Pakistan to India without proper travel documents between 1964 and 1965.
• Protect National Security: Illegal immigration can present security risks. The NRC could assist in identifying and removing potential security threats. For example, incidents of violence in Manipur and Assam have been linked to the influx of illegal immigrants.
• Ensure Social Justice: By verifying that only legal citizens receive government benefits and opportunities, the NRC could contribute to a fairer society.
• Legal Mandate: The Foreigners Act of 1946 gives the government the authority to expel foreigners lacking valid documentation, underscoring the legal obligation to detect and deport illegal immigrants.
• Address Concerns of Indigenous Populations: In regions like Assam, there are fears that illegal immigration displaces indigenous communities. The NRC is viewed as a means to address these concerns and safeguard the rights of indigenous people.
• Fake Vote Banks: The influx of illegal immigrants into India, especially in states such as Assam, West Bengal, and Uttar Pradesh, raises significant concerns.

Many of these immigrants are believed to use false identities, and there are claims that they serve as core vote banks for certain political parties.

NRC in Assam

The National Register of Citizens (NRC) in Assam has its origins in the significant migration from Bangladesh (formerly East Pakistan) after India’s independence, which raised concerns about Assam’s demographic and cultural identity.

• Objective: The NRC aims to identify legitimate residents of Assam as of March 24, 1971, and to address issues related to immigration.
• Background:
  • Undocumented Migration: Assam has experienced undocumented migration, estimated at around six million individuals out of its 26 million population, leading to socio-political challenges.
  • Assam Agitation and AASU: In 1978, the All Assam Students Union (AASU) initiated a movement calling for the identification and deportation of illegal immigrants, culminating in the Assam Agitation.
  • Assam Accord (1985): This agreement, signed by Prime Minister Rajiv Gandhi and leaders of the Assam Movement, committed to identifying illegal immigrants who arrived in Assam after March 24, 1971. The NRC update in Assam was carried out under the Citizenship Act of 1955 and the Assam Accord of 1985 to tackle the issue of illegal Bangladeshi migration.
  • ULFA: The United Liberation Front of Assam (ULFA), formed in 1979, initially targeted Bangladeshi immigrants but later changed its stance as its members sought refuge in Bangladesh.
• NRC Process: The NRC process commenced in 2013 following a Supreme Court directive and was scheduled for completion on August 31, 2019.
  • The updated NRC included names of individuals (or their descendants) who appeared:
    • In the 1951 NRC,
    • In any Electoral Rolls up to March 24, 1971,
    • In other admissible documents issued up to March 24, 1971, proving their presence in Assam or India before that date.
  • On August 31, 2019, the final updated NRC was released, with over 1.9 million applicants not making the list.
  • Residents not listed can appeal to Foreigners Tribunals, as well as the High Court and Supreme Court.

 What Happens to People Excluded from the NRC?

Over 19 lakh individuals have been excluded from the final National Register of Citizens (NRC) list in Assam, facing various legal and social challenges:

• Filing Appeals: Those excluded can appeal to the Foreigners Tribunals within 120 days of the NRC’s final release. The state provides legal aid to assist with these appeals.
  • Only Foreigners Tribunals have the authority to declare someone a foreigner under the Foreigners Act of 1946 and the Foreigners (Tribunals) Order of 1964.
• Proving Citizenship: Excluded individuals must demonstrate that their ancestors were Indian citizens as of March 24, 1971. They can submit documentation and evidence to substantiate their claims. If dissatisfied with the tribunal’s decision, appeals can be made to the High Court and Supreme Court.
• No Immediate Detention: Those not included in the final NRC list will not face immediate detention. The deportation process is also complicated by the absence of a formal repatriation agreement between India and Bangladesh.

Challenges Associated with the NRC

The implementation of the NRC in India faces numerous complex challenges, and protests have erupted across the country regarding its execution.

• Exclusion of Genuine Citizens: Many legitimate citizens were left out of the Assam NRC due to issues with documentation or incomplete paperwork.
  • A petition was filed in the Supreme Court in 2021 seeking a re-verification of the 2019 list due to inclusion and exclusion errors, but it is still pending.
• Potential for Discrimination: Critics argue that the NRC could be discriminatory and used to target specific groups, particularly religious minorities.
  • For instance, the NRC process in Assam led to the exclusion of about 2 million people, with a significant portion being Muslims.
• Cost and Delays: The NRC process is resource-intensive, requiring substantial investment in technology, manpower, and administrative infrastructure for verification and record maintenance.
  • The NRC in Assam alone spanned nearly a decade, involved over 50,000 government employees, and cost more than Rs. 1,200 crore.
• Lack of Proper Documentation: Issues of corruption and fraud in data collection and verification cannot be overlooked.
• The need for specific documentation has been especially difficult for marginalized communities, including the Tea tribes and Bengali Hindus, which has led to potential exclusions during the Assam NRC.
• Marginalized Sections: Many individuals from marginalized and poor communities lack legal and valid documentation, potentially leaving them stateless.
  • According to UNICEF, only 52 per cent of births are registered in India, highlighting the documentation gap.
• Unclear Outcomes for Excluded Individuals: There is no clear guidance from the state or central government on what will happen to those who lose their cases in the Foreigners’ Tribunals, including whether they will be detained, deported, or allowed to remain in the country without citizenship rights and privileges.

Top of Form

Bottom of Form

Way Forward

To overcome the challenges, a comprehensive and inclusive approach that emphasizes accuracy, fairness, transparency, and respect for human rights is essential.

• Addressing Exclusion Concerns: Implement strong mechanisms for appeals and re-verification to correct errors and prevent the exclusion of legitimate citizens.
• Improving Data Collection and Verification: Leverage technology and digital platforms to enhance the accuracy and efficiency of data collection and verification.
• Prioritizing Human Rights: Design the NRC process with a focus on human rights, ensuring alignment with international legal standards.
• Transparent Processes: Ensure the NRC procedures are transparent, allowing for public scrutiny and providing access to information about the verification process.
• Judicial Oversight: Involve the judiciary in overseeing the NRC process to ensure adherence to constitutional principles, protect individual rights, and address any procedural issues.

Explore our courses: https://apnipathshala.com/courses/

Explore Our test Series: https://tests.apnipathshala.com/