INTRODUCTION

The NRC, touted as the most authentic effort to detect illegal migrants in the state, has
been a long-awaited aspiration of the indigenous people of Assam. The NRC updation
was carried out under, The Citizenship Act, 1955 and according to rules framed in the
Assam Accord. The disappointment over the partial release of the register was
exacerbated by the systematic attempts by the incumbent union government (having
both religious and linguistic overtones) to facilitate new waves of immigration, with
guaranteed citizenship, by amending the Citizenship Act of 1955.

The Citizenship (Amendment) Bill, intends to remove the tag of “immigrants” from
relevant rules under the Foreigners Act, 1946 for six religious minorities: Hindus,
Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and
Pakistan. One can sense the disappointment and even anguish in the state, by looking
at the day-to-day political developments which have unfolded in the run up to the
release of the NRC.

The National Register of Citizens, or NRC, is the list of Indian citizens in Assam. It is
being updated to weed out illegal immigration from Bangladesh and neighbouring
regions. Moreover, Bangladesh does not recognise infiltration-taking place from its
end. At present, only Assam has such a register. The exercise may be extended to
other states as well. Nagaland is already creating a similar database known as the
Register of Indigenous Inhabitants. The Centre is planning to create a National
Population Register (NPR), which will contain demographic and biometric details of
citizens.

The Assam NRC was monitored by the Supreme Court. And the Chief Justice of India
Ranjan Gogoi has been monitoring the process. The project is headed by the State
Coordinator of National Registration, Assam, Prateek Hajela, under the strict
monitoring of the apex court.

The NRC process has an Assam-specific history. Extending it to the rest of the
country is bizarre. The final list published on August 31 excluded 19 lakh out of 3.29
crore applicants in the State.

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The 1951 NRC in Assam

NRC for Indian citizens in Assam was first created in 1951. Manipur and Tripura
were also granted permission to create their own NRCs, but it never materialised. The
list comprised of those who lived in India on January 26, 1950, or were born in India
or had parents who were born in India or had been living in India for at least five
years before the January 26, 1950 cut-off.
The final National Register of Citizens, published on August 31, 2019, was the
culmination of nearly five years’ legwork, an expenditure of Rs. 1220 crore from the
treasury, and a 14-year-old agreement between the All Assam Students Union
(AASU), the Assam government and the Indian government to resolve the issue of
illegal immigrants from Bangladesh once and for all. The exercise required all
residents of Assam to produce documents proving that they or their families had lived
in India prior to March 24, 1971. 1

The controversy over the NRC hit the headlines again in May, when police detained
retired army officer and Kargil War veteran Mohammad Sanaullah as an illegal
resident. He, incidentally, has been excluded from the final list too. The case of a man
who has served the country in war being excluded from a list of bona fide citizens
ought to have alerted us to the absurdity of such an exercise.

Perhaps the government ought to take a step back and evaluate what the point of such
a project is.

In 2010, NRC was first started as a pilot project in two districts of Assam — Barpeta
and Kamrup. Nevertheless, this was abandoned in the aftermath of violence in one of
the districts. NRC got a fresh momentum after the Supreme Court’s intervention in
the response of a petition filed by a non-governmental organisation Assam Public
Works (APW) demanding the removal of the illegal migrants from the voters' list. The
Assam government under the supervision of the Supreme Court executed NRC. The
process to update the register began following a Supreme Court order in 2013, with

1
NRC, available at: https://www.sify.com/news/nrc-the-project-that-left-everyone-unhappy-news-
columns-tjdjU8djabejh.html (Visited on September 3, 2019).

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the state’s nearly 33 million people having to prove that they were Indian nationals
prior to March 24, 1971.2

One of the basic criteria was that the names of applicant's family members should
either be in the first NRC prepared in 1951 or in the electoral rolls up to March 24,
1971.
Under Article 6 of the Constitution, the cut-off date for migration to India from
Pakistan is July 19, 1948. “There are other provisions like citizenship by birth and
naturalisation as per the Citizenship Act, 1955. In Assam, the cut-off date for
inclusion in the updated NRC is March 25, 1971, as spelt out in the Assam Accord.
Clause 6 of the Assam Accord, the agreement that Assamese nationalists signed in
1985 with the Centre. It brought to an end a six-year-long, often violent, anti-
immigrant movement, That was sparked by anxieties over fresh migration into Assam
in the aftermath of the Bangladesh War of 1971. Using the war as the cut-off, the
Accord defined anyone who came before the midnight of March 24, 1971 as an Indian
citizen in Assam. Meanwhile, Clause 6 of the agreement promised “constitutional,
legislative and administrative safeguards to protect, preserve and promote the cultural,
social, linguistic identity and heritage of the Assamese people”.

There are several constitutional and legal issues pending before a Constitution Bench
of the Supreme Court of India. Out of the outstanding issues, the decision on the
following two issues will have a bearing on the NRC:

 Whether Section 6A of the Citizenship Act,1955 should be struck down, as it

prescribes a different cut-off date for Assam ie, 25 March 1971;
 Whether citizenship should be granted to children of illegal immigrants born
in India, as they will otherwise be assumed to be citizens of India by way of
birth.

According to Vice-Chancellor of NALSAR, Hyderabad, Faizan Mustafa, the date to

acquire Indian citizenship for those who migrated from Pakistan is 1948 only. They
become citizens automatically and those who came after that date, need a
registration.“First, the constitutionality of cut-off date should be determined. If
tomorrow, the SC that is examining the NRC, says that the cut-off date for Assam

2
NRC, available at: https://www.business-standard.com/about/what-is-nrc.

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should be 1948 and not 1971, then the entire exercise will be futile,” Mr. Mustafa
said.

Further, North East Students’ Organisation (Neso) decided to renew its protest against
the Citizenship (Amendment) Bill with a Northeast-wide protest on November 18.
Neso chairman Samuel Jyrwa said that “We will organise a protest against the
citizenship bill in front of the Raj Bhavans in every state on November 18. Then we
will submit memoranda to the Prime Minister and home minister through the
governors stating our opposition against the bill.”3

The updated final NRC was released on August 31, with over 1.9 million applicants
failing to make it to the list.

How does one prove citizenship?

In Assam, one of the basic criteria was that the names of applicant's family members
should either be in the first NRC prepared in 1951 or in the electoral rolls up to March
24, 1971. Other than that, applicants also had the option to present documents such as
refugee registration certificate, birth certificate, LIC policy, land and tenancy records,
citizenship certificate, passport, government issued licence or certificate, bank/post
office accounts, permanent residential certificate, government employment certificate,
educational certificate and court records.

What happens with the excluded individuals?

In the case of Assam, the state government has clarified it will not detain any
individual until he/she is declared a foreigner by the foreigners' tribunal. "Non-
inclusion of a person's name in the NRC does not by itself amount to him/her being
declared a foreigner," govt has said. Such individuals will have the option to present
their case before foreigners' tribunals. If one loses the case in the tribunal, the person
can move the high court and, then, the Supreme Court.

3
Citizenship Bill, available at: https://www.telegraphindia.com/states/north-east/strike-in-region-
over-citizen-bill/cid/1716010?ref=topic-stories (Last Modified November 1, 2019).

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Authorities have decided to establish 11 detention camps in districts like Goalpara,
Barpeta, Dima, Hasao, Kamrup, Karimganj, Lakhimpur, Nagaon, Nalbari, Sivasagar
and Sonitpur. The first of its kind is under construction in Goalpara, a district that will
house around 3,000 people. Each of these centres will have a capacity of at least 1,000
people. Currently, there are six detention centres operating in the district jail. Families
of the persons are holding the NRC responsible for infusing uncertainty in their lives.
Beyond that lies the question of what to do with those declared illegal aliens once the
quasi-judicial process is done and dusted. The administration is readying detention
centres, but only a veritable ‘prison state’ can house such numbers.4

The government promised that excluded persons would continue to enjoy all the
rights of a citizen. If one has exhausted all other options, the government has also
promised to provide the legal option to appeal for a redressal.

The Government has laid down a well-structured redressal mechanism. In this respect,
400 Foreigners Tribunal (FT) have been set up to hear the cases of the people left out
in NRC. Such individuals have to file their claim within 120 days from the declaration
of the final list. FT is not the end of the road. If the individual is not happy with the
verdict passed by the FT, he/she can approach the High Court and Supreme Court. In
addition, the government declared no one be treated as a foreigner unless he/she has
exhausted all the legal options. Yet, such announcement could not subside the agony
and the trauma of the people of being stateless. People are apprehensive about the
capacity of the FT’s timely delivery of justice. At present, three to four lakh cases are
pending in 100 of the existing tribunals. Recently, 221 members, equivalent to the
judge position, have been appointed into FTs for hearing of the cases, but people feel
it is insufficient to deal with such a large number of appeals. Besides, applying to the
FTs will require financial resources. Not all the applicants will have adequate
financial support to pursue their case.5

4
NRC, available at: https://www.news18.com/news/india/assams-1st-detention-centre-for-those-
who-dont-qualify-as-indian-citizens-to-come-up-in-goalpara-2295835.html (Visited on September 4,
2019).

5
Joyeeta Bhattacharjee, “Impact of NRC Assam amongst people observation from the ground”,
Observer Research Foundation, September 27, 2019.

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External Affairs Minister S. Jaishankar’s said in Dhaka that “National Register of
Citizens (NRC) in Assam is India’s internal matter lets Bangladesh off the hook as far
as a possible return of those who don’t find their names in the NRC is concerned”.
The Supreme Court has repeatedly asked the Centre to ascertain from Bangladesh
whether it would accept those persons, who might be declared foreigners, after the
NRC exercise is completed in Assam. In fact, the Supreme Court has had occasion to
say that the Centre had not engaged Bangladesh in a substantive dialogue on the issue.
By stating that the NRC is India’s internal matter, the External Affairs Minister has
conceded to Bangladesh a point that Dhaka has repeatedly made — that the 40 lakh-
odd people who don’t figure in the draft NRC lists are not its citizens and it is not
responsible for them. In fact, Bangladesh has never accepted that any of its citizens
ever illegally entered Indian territory.6

NUJS Kolkata, Nalsar Hyderabad, NLU Delhi. NLU Odisha and NLUJAA Assam
have jointly launched a legal aid-style clinic called Parichay, to help those stripped of
Indian nationality under the controversial _National Register of Citizens
(NRC)_regime.

Impact of NRC Assam amongst people observation from the ground

In Assam, people are still reconciling with the initial shock of publication of the final
list of the National Register of Citizens (NRC). On 31 August, the final list was
unveiled and it included 3,11,21,004 persons as India’s citizens and excluded another
19,96,657 persons. Among the excluded peoples there are many Bengali Hindus.

6
Editorial, “Internal affairs: On Assam NRC” The Hindu, August 23, 2019

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Assam Chief Minister Sarbananda sonowal assured legal help to those excluded from
National Register of Citizens. Representatives of various organisation of Bengali
community of the state called on Chief Minister Sarbananda Sonowal and apprised
him about their grievances. They also submitted a memorandum of their demands to
the Chief Minister.

Assuring the delegates of taking positive steps for resolving issues afflicting the
community, the Chief Minister stated that the State Government would extend legal
support to those excluded from NRC so that genuine Indian citizens do not have to
face any harassment.

To gain confidence of Bengali people, Home Minister Amit Shah reiterated his stand
on a wider NRC exercise a few days ago in Kolkata when he said “all infiltrators will
be thrown out” while assuring six non-Muslim communities from neighbouring
Bangladesh, Pakistan and Afghanistan that the “BJP government will bring the
Citizenship Amendment Bill before NRC.” The Bill seeks to provide citizenship to
Hindu, Sikh, Buddhist, Jain, Parsis and Christians from the three neighbouring
countries.
Countering BJP’s claim that the proposed Citizenship Amendment Bill (CAB) will
assist those left out of final National Register of Citizens. NGO Rights and Risks
Analysis Group (RRAG) said that it will not help Gorkhas, Bhojpuri and many
indigenous communities.

Suhas Chakma, director of RRAG, said that the CAB will provide citizenship by
naturalisation to people belonging to minority communities from Afghanistan,
Bangladesh and Pakistan but the Gorkhas, Scheduled Tribes, Bhojpuri, Koch
Rajbongshi, Tea Tribes cannot claim to have migrated from these countries and
therefore, they are not covered under the CAB. 7

7
Bikash Singh, “Citizenship amendment bill will not help those left out of NRC”,The
Economics Time, November 2, 2019.

NRC, available at: https://economictimes.indiatimes.com/news/politics-and-nation/citizenship-

amendment-bill-will-not-help-those-left-out-of-nrc/articleshow/71862206.cms?from=mdr

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In an exclusive interview to India Today TV, Amit Shah said the NRC process in
Assam was done according to the order and directions of the Supreme Court. "The
NRC process was done according to the Supreme Court order," Amit Shah said. He
also confirmed that the NRC will be implemented in the entire country. 8 BJP is
planning to place the proposed CAB in the Parliament this month. The CAB is an
outrightly sectarian Bill, which will change the definition of illegal immigrants. The
government seeks to amend it in order to facilitate the grant of Indian citizenship to
non-Mulsim immigrants from Pakistan, Bangladesh and Afghanistan who are of
Hindu, Sikh, Jain, Parsi, Buddhist and Christian extraction and who had migrated to
India without valid travel documents or the validity period of whose documents had
expired during their stay in India. These people were compelled to seek refuge in
India owing to religious persecution or fear of religious persecution in their countries
of origin. The Bill has no provision for Muslim sects such as Shia and Ahmediya,
whose members face persecution in Pakistan.9

West Bengal has the highest number of foreign convicts, mostly Bangladeshis, claims
the latest report by the National Crime Records Bureau (NCRB). The new data has
provided fresh ammunition to the state BJP which is demanding implementation of
the National Registry of Citizens (NRC) in Bengal.

According to the NCRB report, as of 2017, West Bengal had 1,379 foreigners lodged
in its jails, making it the state with the highest number of foreign prisoners in the
country. The state accounts for 61.9 per cent of the total foreign prisoners in the
country.10

The opposition BJP, which has raised its NRC pitch in the state, says the report
vindicates their fear about illegal infiltration from Bangladesh. The report comes just
days after Home Minister Amit Shah made a strong case for the NRC in Bengal
during a rally in Kolkata.

8
Interview with Amit Shah , Home Minister, India Today, October 14, 2019
9
https://frontline.thehindu.com/cover-story/article29498656.ece
10
http://ncrb.gov.in/

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Chief Justice of India (CJI) Ranjan Gogoi strongly defended the current exercise of
National Register of Citizens (NRC) in Assam, saying prior to it there was
"guesswork" on the number of illegal immigrants in the state that "had fuelled panic,
fear and vicious cycle of lawlessness and violence" and it would be a base document
for future.
Justice Gogoi, who is heading an apex court bench which is monitoring the process of
NRC in Assam, was also critical of "arm chair commentators" who, he said, are not
only far away from the ground reality but also present a highly distorted picture due to
which Assam and its development agenda have taken a hit.11

The CJI, who hails from Assam, said that NRC is neither a "new or a novel idea" as it
found expression as early as in 1951 and the current exercise is an attempt to update
the 1951 NRC.

NRC was conducted under the supervision of the Supreme Court of India, in response
to a writ petition filed by an Assam based non-governmental organisation, Assam
Public Works (APW), which aimed to protect the rights of the indigenous people of
Assam. Notably, APW is dissatisfied with the outcome of the NRC. The organisation
has filed an affidavit in the Supreme Court demanding 100% reverification of the
NRC.12

The persons who made it to the final list are thanking their fate, but this did not reduce
their suffering since names of many of their family members and friends are missing
in the final list. Today, people have been questioning the fairness of the NRC process.
Many of the families fear separation from their near and dear ones, especially those
who could not make it to the final list. They fear their loved ones being detained in
detention camps meant for confining the foreigners in Assam.

CONCLUSION

11
https://economictimes.indiatimes.com/news/politics-and-nation/nrc-a-base-document-for-future-
says-cji-ranjan-gogoi/articleshow/71878356.cms?from=mdr
12
https://www.orfonline.org/expert-speak/impact-nrc-assam-amongst-people-observation-ground-
55910/

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The NRC is expected to end the illegal Bangladeshi migrant issue, which has been a
much debated topic in Assam. The migrant debate has been a point of tension in
Assam’s multicultural and multi-ethnic society. During the 1980s, Assam witnessed a
bloody, ethnic conflict over the issue of infiltration from Bangladesh. The people of
Assam wanted a conclusion of peace and development for the region.

Post-NRC, people expressed scepticism of fragmentation of the society along ethnic

and religious lines. The apprehension expressed by some, is that the exploitation of
the situation by some vested groups might open up a new dimension in the identity
politics in Assam. An important question that comes up is, the preponderant issue to
introspect NRC was benefited by whom- the local or the migrants. Ultimately, the
point to ponder is, it is the lives of the people involved. Even if the people excluded
are migrants, they had compelling reasons behind their migration. In the present era,
deportation is not a preferred option. Again, government does not recognise all the
people left out are illegal migrants rather refugees. For example, the Bengali Hindus
who are forced to migrate to follow religious persecution back home. The ruling party
in Assam has expressed its displeasure over the NRC outcome. Besides, an important
section that is excluded is women who migrated to the state due to marriage. All such
issues demand a patient hearing.

Today, a feeling of despair is prevailing amongst the people because claims are made
about the inclusion of foreigners in the list, while genuine Indian citizens have been
excluded. The pressing question is whether detention ought to be the solution. Can a
person be declared a foreigner, be detained in a camp forever? Will this not be a
violation of human rights by the state, in the eyes of the international community?
Furthermore, why should such detention camps be maintained at the cost of public
money? If by amending the Citizenship Act, Hindus and other religious minorities are
granted citizenship, will only illegal Muslims be forced to live in detention camps?
Urgent measures need to be undertaken to avoid such eventualities. The immediate
tasks in this regard should be: the intensification of combined efforts to compel the
union government to withdraw the Citizenship Act (Amendment) Bill, in order to
prevent further polarisation of the state along religious and linguistic lines and
exploration of all possible means to rehabilitate the detected illegal migrants.The
Indian judicial fraternity never thought about the consequences. It was nothing

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unexpected, they can’t be surprised by it now. I don’t think we can just blame the
BJP, the judicial fraternity has to take a bigger part of the blame.

When an exercise that was meant to solve a problem creates several new ones, it
ought to be an indicator that the exercise wasn’t particularly successful. The NRC has
exposed many fault lines and to some extent dwindled the confidence level of
Assam’s people on the government machinery. However, It will be fruitful to watch
how the state navigates its way through these challenges and brings everyone together
to fulfil the dream of Assam as a vibrant, inclusive, peaceful and prosperous society.

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