Why in news?
Assam has published the final draft of the updated National Register of Citizens (NRC).
Brief background
• Assam’s demographic changes date back to the 19th century when British brought in tribal labourers from
Chota Nagpur and Bihar to work on the plantations. This also encouraged the migration of Muslim farmers
from Bengal which continued after Independence and partition.
• To tackle the illegal immigration issue just after the independence, NRC was first prepared after the Census of
1951. But this process rendered ineffective due to vote bank politics.
• In 1979, agitation was started by All Assam student Union for illegal migrant deportation which culminated
in signing of Assam Accord in 1985.
• The Citizenship Act of 1955 was amended after the Assam Accord for all Indian-origin people who came from
Bangladesh before January 1, 1966 to be deemed as citizens. Those who came between January 1, 1966 and
March 25, 1971 were eligible for citizenship after registering and living in the State for 10 years while those
entering after March 25, 1971, were to be deported. However, nothing much happened over the decades.
• In 2014, the Supreme Court asked the state government to update the 1951 NRC in a time-bound manner.
Present exercise is being conducted under the supervision of the Supreme Court.
What is NRC?
• It is a list of all bona fide Indian citizens of Assam, the only state with such a document.
• The NRC is being updated as per the provisions of The Citizenship Act, 1955 and The Citizenship (Registration
of Citizens and Issue of National Identity Cards) Rules, 2003
• It will include persons whose names appear in any of the electoral rolls upto the midnight of 24th March, 1971
or National Register of Citizens, 1951 and their descendants.
• The process of verification involved house-to-house field verification, determination of authenticity of
documents, family tree investigations in order to rule out bogus claims of parenthood, and linkages and
separate hearings for married women.
Benefits of this exercise
• It will provide a much-needed perspective on the extent of illegal migration that has taken place into Assam,
thus restricting the wild speculations about their actual number by political parties for their advantage.
• The fear that illegal immigrants will change the demography of state and influence the politics of state will
also be done away with.
• The publication of an updated NRC is expected to deter future migrants from Bangladesh from entering Assam
illegally as publication of the draft itself had created a perception that staying in Assam without valid
documentation will attract detention/jail term and deportation.
• The inclusion of the names in the NRC will provide respite to all those Bengali speaking people in Assam who
have been, hitherto, suspected as being Bangladeshis.
• The exercise will help identify illegal immigrants and deport them back to their country of origin and saving
resources of country for legitimate citizens and also reduce concern for internal security due to illegal
migration.
Issues with NRC
• Exclusion: Only 29 million out of 32.9 million applicants have been found eligible to be included in the register,
leaving 4 million out of the final draft.
• Need to produce pre-1971 documents: Given the status of document record in the country, this is an onerous
pre-condition and difficult for many people. Unlike international conventions on establishing citizenship, the
burden of proof rests with the NRC applicant.
• Misinformation: Ascertaining the authenticity of parental linkages remained a challenge. Many people were
showing by different names in different places which may lead to duplicity or mistaken exclusion from the list.
• Focus on completion: The emphasis of Supreme Court, the Centre and the Assam government was on
completing exercise without consideration of creating an orderly mechanism for those aggrieved by exclusion.
• Citizenship issues
o One main contention is what will be
the citizenship of the children and
grandchildren of illegal immigrant.
o While the citizenship law of the country
provides for citizenship by birth
irrespective of the parents’ citizenship,
the NRC rules do not recognize it.
o The Citizenship (Amendment) Bill
which makes Hindu illegal migrants and those from certain other minority communities in Afghanistan,
Bangladesh and Pakistan eligible for Indian citizenship further creates apprehensions about alienation of
minorities in the process.
• Issue of D voters: Around 2.5 lakh out of the 40 lakh exclusions include D-voters— doubtful voters, their
descendants and people whose cases are pending before the foreigners’ tribunal in Assam.
o D-voters are those who are disenfranchised by the government on the account of their alleged lack of
proper citizenship credentials and their inclusion will depend on decision of the Foreigners Tribunals.
• Issues post-release
o Claims and objections: The excluded people could face rejection again if they submit the same papers
second time.
o Issue of deportation: No state can act on illegal immigration unilaterally. As of now, there is no any
bilateral agreement between India and Bangladesh, which lets the fate of those finally be excluded hang
in air.
• Humanitarian concerns: Ignoring the concerns of those who have lived for a long time in this land will put a
dent on democratic social value of the country.
Way Forward
• Regarding finally excluded individuals: They would officially be non-citizens but India has no fixed policy for
“stateless” persons. They will surely not have voting rights but certain facilities on “humanitarian grounds”
may be provided to them such as right to work etc.
• Grant amnesty: one option is granting Indian citizenship to the proclaimed illegal migrants after a process of
naturalization but this may be protested by some sections.
• Tackle issue of illegal migration comprehensively: Solving illegal migrants issue in Assam will not solve the
whole issue as they may very well come through states like West Bengal and then move on to the other parts
of the country. Thus, following steps should be taken:
o Comprehensive border management: including fencing, total surveillance 24x7, use of new imaging
technology etc.
o Work permits: Possibility of transparent work permits to foreigners should be explored.
o Punishing collusion: Officials and people who are colluding with foreigners to ensure entry and residence
etc. should be penalized for such behavior.
o Forging bilateral agreement with neighboring countries that provide for taking back nationals who stay
illegally in the other c
ountry after due verification.
o Assistance from international organisations: such as United Nations High Commissioner for Refugees
(UNHCR), the International Organization for Migration (IOM), and other concerned international agencies
with experience in this kind of complex issue.
o Establish a SAARC convention: India should take the initiative to encourage other countries in the SAARC
region to develop a SAARC convention or declaration on refugees in which member states would agree to
ratify the 1951 Refugee Convention
