This Article is written by Priyanka Shukla 3rd Semester at Veer Bahadur Singh Purvanchal University, a Legal Research Intern under Legal Vidhiya.
ABSTRACT
The National Register of Citizens (NRC) is a record of individuals residing in the state of Assam, India. The first NRC was published in 1951 after the Census of India to document households and residents. It listed names, addresses, and family members. However, the 1951 NRC was only published once and not subsequently updated. In recent decades, unauthorized migration from Bangladesh raised concerns about preserving local culture and demographics in Assam. To address this, the NRC process was restarted to identify illegal immigrants who entered Assam after March 25, 1971. The objective is to determine the genuine Indian citizenship of applicants by verifying if their or family names appear in the 1951 NRC or electoral rolls through 1971. Eligibility for the updated NRC requires one of several documents to be presented as proof of citizenship, such as birth certificates, land records, educational certificates, or refugee registration documents issued on or before March 24, 1971. Family lineage must also be established to the 1951 NRC or prior electoral rolls. Implementation has not been straightforward. Controversies emerged regarding some inclusions and exclusions in the final published NRC of August 2019. Verification requests were denied. Additionally, certain groups allege genuine Indians, especially Bengali Hindus, were wrongly left off while illegal foreigners were included. The updated NRC aims to end speculation about the number of illegal immigrants in Assam and provide a verified dataset to assess impacts and policy measures. However, disputes linger regarding the process and outcomes. Continued monitoring will be needed as Assam works to balance immigration control and citizens’ rights through this complex registration system.
Keywords: National Register of Citizens, Immigrants, Assam, national security, demographic, cultural integrity.
INTRODUCTION
NRC argues it is necessary to identify and remove illegal immigrants across India. They believe this will enhance national security and protect demographic and cultural integrity. However, others have significant concerns about a nationwide rollout. Implementing NRC nationally would be an immense, logistically and financially undertaking. It would require vast resources to verify documentation of over 1.3 billion residents. This process could easily take years or decades to complete accurately given India’s size, diversity, and infrastructure challenges. There are also fears a nationwide NRC could unfairly target legitimate citizens and create chaos. As seen in Assam, even with state-level focus some Indians have faced difficulties proving citizenship. A similar situation nationwide could disenfranchise many vulnerable groups who lack documentation through no fault of their own. This raises serious humanitarian and human rights issues. Furthermore, linking a nationwide NRC to the CAA amendments is controversial. While the CAA aims to help non-Muslim groups fleeing religious persecution, excluding Muslims raises concerns of religious discrimination. Combined with NRC, some argue this could be used to target the Muslim population. Given these complexities and risks, more discussion is needed on balancing immigration control, national security, and citizens’ rights if considering a nationwide expansion of the NRC model. Protecting all residents must be the top priority to avoid a human crisis. Careful consideration of local conditions and safeguards would be required throughout India’s diverse regions and populations.
HISTORICAL BACKGROUND OF NRC
Assam, an Indian state grappling with intricate challenges tied to illegal immigration, embarked on the creation of a citizens’ registry in the year 1951, drawing upon the data hailing from the census of 1951.[5] Regrettably, the meticulous maintenance of this registry fell by the wayside as time advanced. The Indian Parliament, responding to this issue, enacted the Illegal Migrants (Determination by Tribunal) Act in the year 1983, introducing a distinct tribunal process aimed at identifying individuals who had entered Assam unlawfully. Alas, this legislative framework encountered an adverse verdict from the hallowed chambers of the Supreme Court of India in 2005, which deemed it unconstitutional, prompting the Government of India to pledge to update the Assam NRC. In acknowledgment of the underwhelming progression witnessed in the course of updating the Assam NRC over a decade, the Supreme Court assumed a more active role, directing and overseeing the process, starting in 2013.[3] The final iteration of the revised NRC for Assam unveiled on the last day of August in the year 2019, encompassed a staggering 31 million (3.1 crore) individuals out of a total population of 33 million (3.3 crores), thereby leaving a considerable cohort of 1.9 million (19 lakh) applicants potentially bereft of a recognized statehood status.[6][7] Interestingly, the ruling Bhartiya Janata Party (BJP), which had fervently championed the NRC initiative, found itself underwhelmed with the results, articulating their belief in the exclusion of legitimate citizens while the inclusion of a notable count of illegal migrants. The BJP, in their 2019 election manifesto, vowed to extend the purview of the NRC to encompass the entirety of India.[4] On the 19th day of November in the year 2019, the Home Minister, Amit Shah, resolutely declared within the hallowed halls of the Rajya Sabha, a vital wing of the Indian Parliament, that the NRC initiative would be executed on a nationwide scale, thereby embracing the entire expanse of the nation. By the Citizenship Rules of 2003, the central government possesses the prerogative to issue an order that facilitates the compilation of the National Population Register (NPR) and subsequently paves the way for the creation of the NRC, rooted in the data accrued through this process.[11] Further expounding upon the 2003 amendment, it delineates that the local functionaries shall be entrusted with the task of adjudicating whether the name of an individual merits inclusion within the folds of the NRC, thus unequivocally shaping their citizenship status. Notably, no additional legislative provisions or statutory amendments are necessitated to orchestrate this significant endeavor across the vast tapestry of India.
WHAT IS THE NATIONAL REGISTER OF CITIZENS
The National Register of Citizens (NRC) in Assam is a register that aims to verify and record the names and demographic details of legal Indian citizens residing in the state. The objective of the NRC is to distinguish Indian citizens from undocumented immigrants residing in Assam, which shares a border with Bangladesh. The process of updating the Assam NRC was initiated in 2013 following an order from the Supreme Court of India. All residents of Assam, numbering approximately 33 million, were required to furnish evidence establishing that they or their ancestors entered the state before March 24, 1971. Acceptable documents that could be provided included land or tenancy records from before 1971, citizenship certificates, or birth certificates from before 1971. After a lengthy verification and claims and objections process conducted under the supervision of the Supreme Court and the Assam government, the final updated NRC for Assam was published on August 31, 2019. It was found that over 1.9 million applicants could not substantiate their claims of Indian citizenship and were excluded from the final NRC list. The status and future course of action regarding those excluded are yet to be decided by the appropriate authorities. The publication of the NRC aims to facilitate the identification of illegal immigrants but may be subject to further legal challenges.
NEED FOR A NATIONAL REGISTER OF CITIZENS:
Unauthorized migration has posed security challenges in certain regions of India. Incidents of conflict have been linked to issues surrounding illegal immigration at times. Large tracts of forest lands have also been infringed upon by some immigrants for settlement and cultivation, requiring monitoring.
Additionally, populations with similar linguistic backgrounds to illegal migrants sometimes hamper identification and deportation efforts. Research has indicated that high levels of migration combined with other social vulnerabilities like poverty and inadequate housing can increase community tensions in certain circumstances.
There is also a concern that during economic downturns, unauthorized immigrants may compete for jobs and resources with residents in some areas. In some cases, political parties have also allegedly enlisted illegal migrants in voter rolls, treating them as vote banks.
Security agencies have further warned of potential threats from terrorist infiltration among some undocumented groups crossing borders. Organized militant outfits have been known to operate across the region at times as well.
A nationwide National Register of Citizens could help address these issues by providing a verified record of bonafide residents and citizens. This would help determine the accurate scale of unauthorized migration, enable calibrated policymaking, and potentially deter future illegal cross-border movement.
Excluding ineligible non-citizens from documentation processes and entitlements may also reduce security vulnerabilities and fake benefit claims over time. Ensuring voting rights are limited to legitimate citizens could strengthen electoral integrity. However, a program of this magnitude would require extensive planning and safeguards to avoid errors or rights violations.
WHY NATIONAL REGISTER CITIZENSHIP IS NECESSARY IN ASSAM
The National Register of Citizens (NRC) in Assam is essential for several reasons. It was initiated to identify and verify the citizenship of individuals in the state, with a primary focus on detecting illegal immigrants who entered Assam after March 24, 1971. This date was significant because it marked the end of the Bangladesh Liberation War, and the NRC was intended to address the longstanding issue of illegal immigration from Bangladesh. The process aims to distinguish genuine Indian citizens from those who are in the state unlawfully.
The NRC is especially relevant in Assam due to its unique challenges with illegal immigration. The state shares a border with Bangladesh, making it susceptible to large-scale migration. The NRC serves as a means to safeguard the rights and privileges of Assam’s legitimate citizens, ensuring they are not marginalized by the presence of illegal immigrants. Additionally, the NRC process provides a legal framework for addressing the citizenship status of people who entered India between January 1, 1966, and March 25, 1971, as specified in the Assam Accord.
The importance of the NRC in Assam extends to preserving the rights of original inhabitants and their descendants. It offers them the opportunity to establish their Indian citizenship beyond reasonable doubt. Those who have been excluded from the NRC still retain their status as legal citizens of India and can participate in elections. However, the NRC has faced controversy and opposition, with concerns raised about the accuracy and inclusivity of the list.
LEGAL CHALLENGES RELATED TO NRC IN ASSAM
The Assam NRC (National Register of Citizens) has faced various legal challenges since its implementation. Some of the significant legal issues and controversies surrounding the Assam NRC include:
1. Section 6A[1] of the Citizenship Act: Section 6A of the Citizenship Act is a special provision that pertains to the citizenship of individuals covered by the Assam Accord. This section specifies that individuals who entered India between January 1, 1966, and March 25, 1971, and have been living in Assam, are allowed to register themselves as citizens of India. Legal challenges have arisen concerning the interpretation and implementation of this section, which has implications for the inclusion or exclusion of individuals from the NRC.
2. Verification and Documentation: The verification process for the NRC has been legally contentious due to the stringent documentation requirements. Many residents, especially those from marginalized communities, have faced difficulties in providing the necessary documents to establish their citizenship. Legal challenges have been raised regarding the fairness and inclusivity of this verification process.
3. Exclusion and Inclusion: Legal disputes have arisen regarding the inclusion and exclusion of individuals from the NRC. Numerous individuals who believed they were genuine citizens found their names missing from the NRC list. Legal challenges have been filed to rectify such exclusions and ensure that legitimate citizens are not disenfranchised.
4. Human Rights Violations: Legal challenges have been raised in response to the conditions in detention centers for those declared “foreigners.” Concerns about human rights violations, due process, and living conditions in these centers have prompted legal action.
5. Political and Constitutional Issues: The Assam NRC has led to legal debates about its compatibility with the Indian Constitution and its potential impact on the rights of individuals. Legal challenges have been mounted regarding the constitutional validity of the NRC process.
RECENT DEVELOPMENTS AFTER THE IMPLEMENTATION OF NRC IN ASSAM
As of 2023, the current status of the Assam NRC (National Register of Citizens) remains a subject of ongoing legal and political debate. The NRC process in Assam was initiated to identify and verify the citizenship status of residents in the state, particularly about the cutoff date of March 24, 1971, as per the Assam Accord. However, there have been several challenges and controversies surrounding its implementation:
1. Supreme Court Hearings: The Supreme Court of India has been hearing petitions challenging the constitutional validity of Section 6A of the Citizenship Act, which is related to the NRC in Assam. This legal challenge questions the criteria used in determining citizenship and the overall implementation of the NRC process.
2. Exclusion of Applicants: The NRC update released on August 31, 2019, excluded a significant number of applicants, causing concern and legal disputes. Many individuals who were excluded from the list faced uncertainty regarding their citizenship status.
3. Cost and Irregularities: The Comptroller and Auditor General (CAG) of India conducted an audit of Assam’s NRC and identified significant irregularities in the process, including issues related to costs, wages paid to outsourced staff, and the accuracy of data.
4. Crisis of Citizenship: The NRC in Assam has created a crisis of citizenship, and there have been ongoing discussions about its impact on the state’s demography, as well as its potential implications for the rights of individuals.
5. Calls for Delimitation: Assam’s Chief Minister, Himanta Biswa Sarma, has suggested that delimitation may provide safeguards and a more accurate approach to identifying illegal immigrants in Assam, hinting at the limitations of the NRC process.
The NRC in Assam continues to be a complex and contentious issue, with legal challenges, political debates, and concerns about its implementation and implications for residents. The situation remains fluid as legal proceedings and discussions evolve.
CONCLUSION
In conclusion, the NRC exercise in Assam aimed to identify illegal immigrants and protect the rights of indigenous residents, as stipulated in the Assam Accord. However, its implementation faced significant challenges and criticism. Concerns were raised that vulnerable groups lacking documentation may have been disproportionately impacted, with genuine citizens potentially excluded. This could result in statelessness and humanitarian issues. Meanwhile, proponents argued the NRC was necessary to address illegal immigration and ensure demographic and cultural continuity for Assam’s local population. The 2019 final list excluded over 1.9 million applicants, but this outcome is being legally challenged. The appellate process is ongoing to address disputed results. The Supreme Court has overseen the NRC as its constitutional validity was questioned. While aiming to ensure fairness, the top court is still examining the legality of specific implementation aspects. In conclusion, though the NRC sought to fulfill the Assam Accord’s objectives, its handling remains an actively debated issue with legal implications still pending finality. Both its conduct and consequences continue to warrant review to balance competing interests of security, rights, and equity.
REFERENCES
1.https://www.indiatoday.in/india/story/what-is-nrc-all-you-need-to-know-about-national-register-of-citizens-1629195-2019-12-18 (last visited on 21st September)
2.https://www.drishtiias.com/pdf/1622059919-to-the-point-paper-2-national-register-of-citizens-nrc.pdf (last visited on 21st September)
3.https://blog.forumias.com/answered-discuss-the-need-and-consequences-of-national-register-for-citizen-in-assam-how-government-should-approach-further-with-it/ (last visited on 21st September)
4.https://timesofindia.indiatimes.com/india/national-register-of-citizens-all-you-need-to-know/articleshow/72853566.cms (last visited on 21st September)
5. https://www.aspireias.com/upsc-study-notes/National-Register-of-Citizens-NRC-Assam
(last visited on 21st September)
6. https://theleaflet.in/assam-nrc-supreme-court-to-hear-constitutional-validity-of-section-6a-of-the-citizenship-act/ (last visited on 21st September)
7. https://byjus.com/free-ias-prep/national-register-citizens/ (last visited on 21st September)
8. https://www.ijstr.org/final-print/nov2019/Historical-Background-Of-National-Register-Of-Citizens-nrc-In-Assam-And-Digitization-An-Overview.pdf (last visited on 21st September)
[1] Citizenship Act, § 6A, cl. 1.
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