A CRITICAL ASSESSMENT OF THE HIGHLY DEBATED NATIONAL REGISTER

OF CITIZENS IN ASSAM

- Bidisha Saikia and Abhishek Poraxor

INTRODUCTION

A massive debate over citizenship and illegal migrants, including in political terms, has broken
out following the publishing of the National Registrar of Citizens draft where it has found out
2.89 crore people eligible while 40.7 lakh names have been left out. History has witnessed
several events like the Assam Agitation, Nellie Massacre etc showcasing the struggle of the
people of Assam against illegal immigration from the neighboring country of Bangladesh.
Since under the colonial rule’s ‘Grow more food campaign’ to the changing of demography
due to the influx of immigrants, the same tension arises out from a scenario from the past.

This draft has been a ‘blessing in disguise’ for many people along-with the marginalized
sections who were often suspected and harassed on the pretext of being foreigners. Also it has
thrown out a message to the rest of the world that there exists a legal process against illegal
encroachment in the state of Assam. Though a lot of questions arise on how effective this
measure would be. There are currently state wide protests going on against the Citizenship
Amendment Bill which are supported by many influential leaders. However, it is to be realized
that this fight is not against the so called ‘Bangladeshis’, but this is against the ‘Illegal’ people
who have migrated from Bangladesh and settled in Assam.

Very often people from other parts of the country remain a bit perplexed at the emotional
response of the Assamese people to the question of identity and demographic change. In-order
to understand and appreciate as to why many in Assam see the National Registrar of Citizens
as the lifeline of the Assamese people, there is need to revisit some of the major events from
1920 to 1950 that centered around immigration, land and identity- moments which helped
shape Assam’s post-Independence history. During the 1951 Census of India, national citizen
registrar was created that contained the details of every person by village. These registers
covered every person enumerated during the Census of 1951 and were kept in the offices of
the Deputy Commissioners and sub-divisional officers as per the Centre’s instructions issued
in 1951.1


The Authors are Research Scholar at Tata Institute of Social Sciences, Guwahati
1
:http://thewire.in/history/history-nrc-assam(accessed on 24th January, 2019)

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HISTORICAL DEVELOPMENT OF NRC

Since, British Rule, indigenous people were given a number of safeguards so that they do not
lose control over their land. The British created a “Line System”2 which restricted the
movement of immigrants into indigenous areas, also protective legislations like the Bengal
Frontier Regulation Act among others were passed3. Similarly, post-independence, the
Constitution also came up with the Sixth Schedule giving enough protection to the hill-tribes
of Assam. However, these measures failed to ensure safeguards to the indigenous people living
in the plains of Brahmaputra and Barak Valley. While, in Barak Valley, the native Meitei,
Bishnupriya, Pangal, Dimasa and Kuki-Chins were absolutely outnumbered, in Brahmaputra
Valley, the gradual process of outnumbering began. In a matter of decades, immigrants from
erstwhile East Bengal (later East Pakistan and now Bangladesh) became majority in several
districts of Lower and Central Assam4.

Since Independence till 1971, when Bangladesh was created, Assam witnessed large-scale
migration from East Pakistan that became Bangladesh after the war. Soon after the war on
March 19, 1972, a treaty for friendship, co-operation and peace was signed between India and
Bangladesh. The migration of people from Bangladesh into Assam continued. This brought the
regular influx of immigrants to the notice of the then Prime Minister post which the All Assam
Students Union submitted a memorandum to Indira Gandhi in 1980 seeking the “urgent
attention” to the matter. Subsequently, Parliament enacted the Illegal Migrants (Determination
by Tribunal) Act, 1983. This Act, made applicable only to the state of Assam, was expected to
identify and deport illegal migrants in the state. Outcomes were that people were not satisfied
with the government’s measure and a massive state level student agitation started, spearheaded
by the All Assam Gana Sangram Parishad (AAGSP). This movement resulted in the ‘Assam
Accord’ signed on August 15, 1985 between All Assam Students Union (AASU), AAGSP and
the central and the state governments. It was a result of a six-year long agitation (1979-1985)
by the people of Assam led by Student leaders against illegal immigration. Cause of the
agitation was that in 1978, the legislator of Mangoldoi constituency died and in 1979 a by-
election was held. In the by-election there was an abrupt increase of 75,000 new voters in one

2
Bodhi Sattwa Kar, The Immigration Issue, Line System & Legislative Politics in Colonial Assam (1927-1939):
AHistorical Study, IOSR Journal of Humanities and Social Science, Vol. 11, Issue 4, 2013.
3
Ibid

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small constituency of less than 150,000 voters. Although, the protests were non-violent, police
firing killed over 855 people, of which many were students. Finally, the Government came into
terms with the agitators and Assam Accord was adopted; in which it was agreed that illegal
immigrants would be detected, deleted from electoral rolls and deported. It is from this Assam
Accord under which the present updation of NRC finds its basis.

DISCREPANCIES IN THE NRC PROCESS

The NRC updation process has got a mixed response from people across all sections of the
society. While, one group is concerned about the future of those whose names have not
appeared in the list; another group rejoiced the detection of foreigners, after years of struggle.
However, the main issue which should concern the people are the discrepancies and flaws in
the NRC process. At this point, one must realise that an instrument such as NRC, which was
meant to identify foreigners and deport them, if flawed, may turn it in favour of them.

The final draft NRC has a large number of discrepancies and infirmities. The same was brought
before the notice of the Registrar General of India and the State Coordinator for NRC (Assam)
through a representation. In a summarised manner, the discrepancies can be put as-

First, the number of people excluded from the list is far less than those that were reported by
the Government at various times. On 10th April, 1992, the then Chief Minister of Assam Shri
Hiteswar Saikia had given a statement in the Assembly that there were 33 lakh infiltrators from
Bangladesh in Assam, which was retracted after a few days. On 14th July, 2004, Sriprakash
Jaiswal, Union Minister of State for Home made a statement in Parliament that as on 31st
December 2001 there are 50 lakh Bangladeshi infiltrators in Assam. In 2017, the numbers given
by Shri Kiren Rijiju, Union Minister of State for Home is a staggering figure of 80 lakh. But
the NRC draft has only excluded 40 lakh people, which is half the estimate given by the
Government. This shortfall is extremely significant and it is essential that reasons for such
shortfall needs investigation. It has been said in some quarters that fewer persons applied and
hence the shortfall. This however is erroneous as according to 2011 census, the total population
of Assam was 3.11 crores. While, NRC official figures have shown that 3.29 crores applicants
applied in 2015; which is approximately 6% more than the census figures.

Second, most of the border and migrant-dominated districts, which had witnessed a decadal
growth between 21% and 24% for the decades between 1991-2001 to 2001-2011 respectively,
against a state average of increase by 18.19% and 16.93%, have given figures of exclusion

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which are far below the state average with Dhubri at 8.25%, Karimganj at 8.17% and South
Salmara at 6.79%.The exclusions in NRC are totally contrary to this unnatural growth of
population in these districts.

The Table below clearly brings out the discrepancy: -

Sr. District Percentage Decadal population growth

No of
applicant 1991-2001 2001-
excluded 2011
from NRC

Assam 12.15% 18.19% 16.93%

1 Dhubri 8.25% 22.97% 24.40%

2 Goalpara 11.82% 23.03% 22.74%

3 Barpeta 13.69% 19.62% 21.40%

4 Morigaon 14.67% 21.35% 23.39%

5 Nagoan 15.08% 22.6% 22.09%

6 Karimganj 8.17% 21.87% 20.74%

Another surprising district is Nalbari where percentage of exclusion is 4.97%, equivalent to

that of Jorhat at 4.58%. But the decadal growth of population of Nalbari, particularly in the
period 1971-1991 was 75.78% and Jorhat was 33.10% as against a state average of 53.26% for
the same period, though figures for 1991 till 2011 periods are slightly below the state average.
However, the percentage of exclusion in respect of Nalbari is disproportionately low
considering that it has an increase of more than 40% above the state average during 1971-1991.

It is also important to note here that most of the reports and information regarding discrepancies
and infirmities are particularly from border districts and migrant dominated areas in other
districts. The primary flaw, which led to such low exclusion from these areas, appears to have
been on the ground verification process, both under Rule 2(3) and 3(4) of the Schedule to the
2003 Rules under the Citizenship Act, 1955, persons included in the list even in the absence of
the exhaustive list of List ‘A’ & List ‘B’ documents and merely on the oral statements of three

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