Citizenship and the National Register of Citizens (NRC) in India

ABSTRACT

This article examines the legal and human rights implications of the National Register of Citizens (‘NRC’) in India, especially regarding its implementation in Assam. The NRC was established as an extension of the Citizenship Act, of 1955 and the Assam Accord of 1985. Employing the NRC stems from efforts to estdevelopd identify all of the ‘genuine citizens’ identified in Annexure I of the Assam Accord so that illegal migrants can be deported. As examined in this article, it raises questions of discriminatory profiling of and statelessness, due to lack of provisioning, for particularly vulnerable and marginalized communities. This article describes the legal framework that provides for the NRC, important legal cases, and the digitalization of the NRC, as well as critically analyzing the political, social and legal ramifications of the NRC. It concludes with suggestions about how to move forward with citizenship verification processes that not only recognize the diversity of India’s population, but reconciles a constitutional approach for the population of the country.

KEYWORDS- National Register of Citizens in India, Assam NRC final list 2019, Citizenship Amendment Act 2019, Citizenship Act 1955 provisions

INTRODUCTION

The National Register of citizen is a record which contains the names of citizens who are genuine Indian citizens residing in the country. It is seen as a crucial step to deport the illegal immigrants that has been mandated by the Citizenship Act of 1955, Foreigners Act of 1946, and Passport (Entry into India) Act,  1920. The National Register of Citizen has been seen as an attempt to exclude religious minorities in India. However this is an important step to deport illegal migrants from the country, the official record states that over 4.5 lakh people had migrated from east Pakistan to India without any official documents. This article explores the controversies surrounding the NRC in India, its impact, and the way forward.

BACKGROUND

The concept of National Register of Citizens has its roots in Assam. Assam has been, from a long decade facing the issue of illegal migration. About 26 million illegal Bangladeshi migrants have settled in Assam almost making it impossible for the locals to preserve their culture and jobs.A 1961 census estimated that East Pakistanis had migrated to Assam in a large number between 1951 and 1961.

Angered by the illegal migration, The All Assam Students‘ Union (AASU) protested, starting a movement seeking the detection and deportation of illegal migrants in Assam ultimately leading to the famous Assam Accords 1985 between the leaders of Assam and the then Prime Minister, Rajiv Gandhi in which it was promised that illegal Bangladeshi migrants will be deported after identifying them.

The Supreme Court started monitoring the process of NRC in Assam in 2013.The final updated NRC for Assam was published on 31 August 2019. The BJP however after passing the CAA,2019,is on the verge of passing the NRC.

THE NRC TIMELINE

First ever NRC published in India	1951
Historic Assam Accord signed	1985
Centre decided to update the NRC as per the Assam Accord	1999
Supreme Court directed that the process of updating. NRC should start	2013
The government published the first draft of NRC	2017
The government published the final version of NRC in which 9 lakh people were left out	2018

The NRC process in Assam started in 2013 and in 2019 it ended.. However, when the Government released it’s final updated NRC on  August 31, 2019, over 1.9 lakh people were not included in the list. The people not making it into the list filed a complain with the Foreigners Tribunals, as well as the High Court and Supreme Court.

WHAT HAPPENS TO THE PEOPLE EXCLUDED FROM NRC?

• The people who have been excluded from the NRC have the option to file appeals before the foreigner’s tribunal who are granted 120 days to file appeals. Foreign Tribunal Act has the final authority to declare an individual as a foreigner. Foreign Tribunals are quasi-judicial body to determine if a person is a foreigner or not. In Assam there are alot of FTFs to handle the cases wherein  06 lakh people left out of the updated NRC.
• The people excluded from the NRC has to prove their citizenship by showing documents.
• The people who are excluded from the NRC are not deported immediately but shall wait till the foreigner’s tribunal’s decision. This ensures justice for all.

DIGITALIZATION OF THE NRC

The Central Government has been aiming to digitalize the whole process of NRC so that it can streamline the whole process of NRC.

• There shall be a digitalized central database where people need to upload their documents of citizenship.
• There shall be an online data base where applicants can also check and track their status of application.
• NRC allows better integration with other government portals integrating the same with Aadhar and other government platforms.

CASE LAWS

1. Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665

Summary: This judgment represents a turning point in Assam’s fight against illegal immigration, as the Supreme Court held the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) unconstitutional. The IMDT Act instead of assisting the detection/deportation of illegal immigrants in Assam, made it impossible in the state, which is a threat to national security and to the ethnic composition of the state. To establish the citizenship of a person, the IMDT Act placed the onus on the state to prove the person is an illegal immigrant (as was held in the case of the Foreigners Act, 1946).

Key points:

• Struck down the IMDT Act for being discriminatory and impractical.
• Upheld the applicability of the Foreigners Act, 1946, in Assam.
• Addressed the serious potential of illegal migration of illegal immigrants in Assam on the population composition of the state and socio-political context.

2. Assam Sanmilita Mahasangha v. Union of India, (2015) 3 SCC 1

Summary: The present case concerns the validity of Section 6A of the Citizenship Act, 1955, applicable only to Assam. The petitioners claimed that the provision for regularization of illegal migration would impinge on the rights of indigenous people in Assam citing fears for their culture and political rights. The Supreme Court indicated the complexity and significance of the issues and referred the matter to a constitutional bench for a decision. ​Key Points:

• Examined of the special provision in respect to Assam in Section 6A of the citizenship Act.
• Recognized the questions regarding the impact of migration on the cultural and political rights of indigenous people.
• Referred for comprehensive consideration by a larger bench.

     3. The State of Arunachal Pradesh v. Khudiram Chakma, 1994 Supp (1) SCC 615

The Supreme Court ruled that while the right to life and personal liberty under Article 21 of the Constitution of India applies to everyone, including non-citizens, all other rights, including the right to reside and settle in any part of India under Article 19(1)(e), are only available to citizens. The case regarding the Chakma refugees in Arunachal Pradesh was about their rights in the context of Chakma’s non-citizen status and the unqualified rights of non-citizens. Heating good due diligence involving all Chakma refugees at the time also weakens the right to settle argument due to the low socio-economic status of most of the Chakma refugees.

Relevance to NRC/CAA: This case leads to the legal differences found between citizens and non-citizens which is important when analyzing the rights of persons who are excluded from the NRC (The National Register of Citizens) and those who are affected by the CAA (Citizenship Amendment Act).

LEGAL PROVISIONS

1. Constitution of India – The NRC is rooted in Article 5 which identifies that any person born in India is a citizen of India.Citizenship Act, 1955 – The act specifies how citizenship is awarded and taken away, whereby elements of the NRC are addressed in this Act, notably Sections 14A & 18.

   National Register of Citizens (NRC) Rules – Details the process for compiling and updating the NRC.

2. CAA (Citizenship Amendment Act), 2019: The CAA provides a mechanism for eligible non-Muslim refugees from Pakistan, Bangladesh and Afghanistan to apply for Indian citizenship if they entered India on or before December 31, 2014. The goal of the Act is to provide citizenship to Hindu, Sikh, Buddhist, Jain, Parsi and Christian refugees while excluding Muslim refugees.

Legal Framework:

• Citizenship Act, 1955 – An act to amend the Citizenship Act, 1955, by adding Section 2(1)(b) provides that the government can bestow citizenship on refugees who have suffered religious persecution.
• Section 6B – Provides for naturalization of refugees who meet the requirements and CAA turned the entry of refugees eligible for citizenship into a process.
• Constitution of India – The CAA has been contentious and has raised issues under the Constitution, in regards to Articles 14 (the Right to Equality), 15 (the Prohibition of Discrimination) and 21 (the Protection of Life and Personal Liberty).

CRITICAL ANALYSIS

The implementation of the Nattional Register of citizens is of utmost important in India. Illegal migrants from Bangladesh have been in fluxing various states in India disrupting the local populations.The illegal immigrants are a big threat to India. The NRC will address these needs thereby ensuring that illegal migrants are deported fro India. Illegal migrants are a threat to the security of the nation.It has also be seen that these illegal migrants serve as vote banks in West Bengal and Assam. The local people are concerned about them losing their jobs and native lands due to the influx.

While these concerns are genuine there are some broader implications associated with the NRC. Numerous citizens can be left out due to document related disparities. There is also a threat to religious minorities in India which assumes that the NRC will exclude them. It is also of concern that many people who are coming from a marginalized and poor section might not have the documents they need to prove their citizenship.

WAY FORWARD

• There should be some steps taken to address the issues of discrimination in order to curb the exclusion concerns.
• It should strictly involve the judiciary to oversee the process of NRC.
• There should be transparency in the whole process.

CONCLUSION

The National Register of Citizens (NRC) is a serious and significant step, one that must be not only an immediate response, but also one that has a nuanced response that protects the rights and interests of all citizens. The Manipur riots have illustrated clearly the urgent need for implementing something, as those who advocate for the NRC are already voicing how its implementation can work collaboratively to distinguish between legal citizens and illegal immigrants.

The main problem is the binary nature of documentation. Many Indian citizens, especially those who are marginalized and live in rural settings may have little access to official documentation to prove citizenship. This could cause them to be wrongly rendered stateless through the NRC, possibly bringing trauma or inciting social unrest.

Furthermore, India’s religious minorities who have voiced concerns that once again they will be disproportionately affected by the NRC by being unfairly excluded or targeted.

In light of these concerns, it will be pertinent that the NRC be operationalized under a human rights-based approach that makes the process of verification transparent, inclusive and fair to all. The government will have to put in place ‘safeguards’ to ensure that people and communities are not wrongly excluded based on procedural issues and documentation.