National Register of Citizens for Assam

Last updated

The National Register of Citizens for Assam is a registry (NRC) meant to be maintained by the Government of India for the state of Assam. It is expected to contain the names and certain relevant information for the identification of genuine Indian citizens in the state. The register for Assam was first prepared after the 1951 Census of India. Since then it was not updated until the major "updation exercise" conducted during 2013–2019, which caused numerous difficulties. In 2019, the government also declared its intention of creating such a registry for the whole of India, leading to major protests all over the country. [1] [2] [3]

Contents

After the independence of India, the Indian parliament passed the Immigration (Expulsion from Assam) Act of 1950 due to the concern that Assam was getting indundated with migrants from East Bengal, which had then become part of Pakistan. [lower-alpha 1] The first National Register of Citizens was prepared in 1951 in order to implement the Act. [4] [5] However, nothing was accomplished because The Foreigners Act of 1946 did not treat Pakistanis as "foreigners" and they could come and go as they pleased. [6]

The process of updating Assam's part of NRC started in 2013 when the Supreme Court of India passed an order for it to be updated. Since then, the Supreme Court (bench of Ranjan Gogoi and Rohinton Fali Nariman) monitored it continuously. The entire process was conducted by Prateek Hajela, [7] an IAS, who has been designated as the State Coordinator of National Registration, Assam.

The final updated NRC for Assam, published 31 August 2019, contained 31 million names out of 33 million population. [8] It left out about 1.9 million applicants, who seem to be divided roughly equally between Bengali Hindus, Bengali Muslims and other Hindus from various parts of India. [9] [10] [11] [lower-alpha 2]

In December 2022, audit by the Comptroller and Auditor General of India revealed several irregularities in the National Register of Citizens in Assam, such as, exclusion of several indigenous people of Assam, irregularities in utilization of funds in the process and choosing software for the task. The project cost increased from Rs 288.18 crore in 2014 to Rs 1,602.66 crore by March 2022. [14]

The Government of Bangladesh has indicated that Bangladesh is prepared to take back any of its citizens residing in India if evidence is offered. [15]

Background

During the 19th and 20th centuries, Colonial Assam (1826–1947) witnessed intermittent migration of populace from rest of the provinces of British India in the aftermath of the Yandabo treaty (signed on 24 February 1826) which brought the region under the control of British. The liberal colonial authorities encouraged the migration of peasants from Bengal to Assam in search of fertile lands. [16] As early as 1931, C.S. Mullan, the Census Superintendent in his census report stated:

Probably the most important event in the province during the last 25 years- an event, moreover, which seems likely to alter permanently the whole feature of Assam and to destroy the whole structure of Assamese culture and civilization has been the invasion of a vast horde of land-hungry immigrant, mostly Muslims, from the districts of East Bengal. [17]

After 1950

This migration surged, especially that of Hindu Bengali people, from East Pakistan (presently Bangladesh since 1971) after India's independence and subsequent partition into two separate countries namely the secular India and Muslim Pakistan. Following the Partition of India, Pakistan consisted of two isolated landmasses, Pakistan to the west of India and East Pakistan, to the East. Demarcation was loose and without any robust physical barrier or fencing between East Pakistan and India.

Post Partition, East Pakistan suffered from political turmoil and witnessed civil unrest which finally led to a civil war and separation of East Pakistan from Pakistan and a new country Bangladesh came into being consisting of all the geographical area of erstwhile East Pakistan. There occurred mass exodus of population from the war-torn regions into the Indian side and most of these refugees never returned. Excerpts from the White Paper on Foreigners' Issue published by the Home and Political Department, Government of Assam on 20 October 2012 – Chapter 1, Historical Perspective, .section 1.2 reads: [16]

Following Partition and communal riots in the subcontinent, Assam initially saw an influx of refugees and other migrants from East Pakistan. The number of such migrants other than refugees was initially reported by the State Government to be between 1,50,000 and 2,00,000 but later estimated to be around 5,00,000. [18]

Even after the end of civil war and the formation of Bangladesh, migration continued, though illegally. The Government of India already had in its stock of statutes, the Immigrants (Expulsion from Assam) Act, 1950. This act came into effect from 1 March 1950 which mandated expulsion of illegal immigrants from the state of Assam. [19] To identify illegal immigrants, the National Register of Citizens was prepared for the first time in Assam during the conduct of 1951 Census. [20] It was carried out under a directive of the Ministry of Home Affairs (MHA) by recording particulars of every single person enumerated during that Census. Practical implementation of the act was difficult and the measures taken under this act proved ineffective largely due to the vast stretch of the open border between the countries and illegal immigrants pushed out of India at one point of it could easily infiltrate again at some other unmanned point. The issue of illegal infiltration was becoming formidable problem in the state of Assam as migrants enjoyed political patronage. [21] The Registrar General of Census in his report on 1961 Census assessed 2,20,691 infiltrators to have entered Assam. [22]

In the year 1965, the government of India took up with the government of Assam to expedite completion of the National Register of Citizens and to issue National Identity Cards on the basis of this register to Indian citizens towards the identification of illegal immigrants. But in 1966 the Central Government dropped the proposal to issue identity cards in consultation with the Government of Assam, having found the project impracticable.

In a notification issued by the Government of India in the year 1976, the State government was instructed not to deport persons coming from Bangladesh to India prior to March 1971. Thus between 1948 and 1971, there were large scale migrations from Bangladesh (then East Pakistan) to Assam. [23]

Assam Accord 1985

Given this continuing influx of illegal migrants from Bangladesh into Assam, suddenly a group of student leaders in 1979 came out in fierce protest demanding detention, disenfranchisement and deportation of illegal immigrants from Assam. [24] They cited unexplained surge of electors in the voter lists for the assembly constituencies in certain pockets of the state, specially in those under then undivided Darrang District of Assam & elsewhere in the districts of lower & central Assam, for which they suspected large scale entry of names of foreigners or illegal migrants in those lists. The events quickly developed into a mass movement which came to be known as Assam Agitation or Assam Movement led by All Assam Students’ Union (AASU) and All Assam Gana Sangram Parishad (AAGSP) and lasted 6 years. [25] The movement culminated in the signing of a landmark Memorandum of Settlement (MoS) - the Assam Accord, between the agitating parties & the Union of India on 15 August 1985, [26] at the behest of then Prime Minister Rajiv Gandhi in New Delhi.

The Accord ended the agitation [27] but could not end the illegal migration. Further it had a negotiated defect which called for 1 January 1966 to be the precise date based on which the detection illegal immigrants in Assam would take place and thus ironically allowing Indian citizenship for all persons coming to the territorial limits of the present-day state of Assam from "Specified Territory" (East Pakistan, presently Bangladesh since 1971) prior to that date.

Other New Acts

Along with the Accord came a new Illegal Migrants (Determination by Tribunal) Act, 1983 which described a controversial procedure to detect illegal immigrants and their expulsion from the state of Assam. Indian Citizenship Act, 1955 was accordingly amended almost immediately to incorporate provisions by dint of the accord. The act further specified that all persons who came to Assam between to 1 January 1966 (inclusive) and up to 24 March 1971 (midnight) shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964. The name of foreigners so detected would be deleted from the Electoral Rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939. Foreigners who came to Assam on or after 25 March 1971 shall continue to be detected, deleted and expelled in accordance with law. [28]

Pilot Project 2010

The process of detecting and expelling immigrants suffered from problems for a considerable amount of time. The first attempt of systematically detecting foreigners by updating the National Register in Assam was through a Pilot Project which was started in 2 circles (referred to as Tehsil in some states), one in Kamrup district and another in Barpeta district in the year 2010, which had to be aborted within 4 weeks amidst a huge law and order problem involving a mob attack on the Office of the IAS Commissioner, Barpeta that resulted in police firing killing 4 persons. [29] For a long time, since the bitter experience in the pilot project, NRC update was considered almost an impossible task by the government agencies.

Role of the Supreme Court

However, the task was again finally taken up at the behest of the Supreme Court of India’s order in the year 2013 in regards to two writ petitions filed by Assam Public Works and Assam Sanmilita Mahasangha & Ors. [30] wherein the Supreme Court, headed by the bench of Justice Ranjan Gogoi and Justice Rohinton Fali Nariman, mandated the Union Government and the State Government to complete the updation of NRC, in accordance with Citizenship Act, 1955 and Citizenship Rules, 2003, [31] in all parts of Assam. Pursuant to the directive of the apex Court, the Registrar General of India via its notification Number S.O. 3591 E dated 6 December 2013 notified commencing of NRC updation. [32] [33]

Since then, the Supreme Court of India has been closely monitoring the process and holding regular hearings on representations made to it by various interested parties and stakeholders. To make the process of NRC update smooth, the Supreme Court in its order dated 21 July 2015 passed the following directions:

We expect all authorities to act faithfully and diligently to carry out their assigned tasks to ensure smooth preparation of NRC and publication thereof within the schedule fixed by us. This is in reiteration of the mandate contained in Article 144 [lower-alpha 3] of the Constitution of India. It is not necessary for us to emphasise that any person found to be creating any obstruction or hindrance, in any manner, in the preparation of the NRC would be subjected to such orders as this Court would pass in such eventualities.

Final NRC

Methodology

The mechanism adopted to update the NRC 1951 has been developed from scratch because there is no precedence of such a mammoth task ever undertaken in India or elsewhere that involved identification of genuine citizens and detection of illegal immigrants using technology since it involved data of over 3 crore people and over 6.6 crore documents. The guidelines under which NRC Update has been taken up is as follows –

The process of NRC update is divided into the following phases:

  1. Publication of Legacy Data
  2. Distribution & Receipt of Application Form
  3. Verification Process
  4. Publication of Part Draft NRC
  5. Complete Publication of Draft NRC
  6. Receipt and Disposal of Claims & Objections
  7. Publication of Final NRC

Publication of Final NRC

The Final NRC has been published on 31 August 2019 after completion of all the statutory works as per various standard operating procedures. As per a press release [34] by the SCNRC, a total of 3,30,27,661 persons applied to the registering authority through 68,37,660 application forms and out of which 3,11,21,004 persons were found eligible for inclusion of their names in the final NRC leaving out 19,06,657 persons, who were not included and shall have to approach a Foreigners' Tribunal with an appeal against non-inclusion if they so desire.

Controversy on Final NRC

As soon as the final NRC was published on 31 August 2019 at 10 AM on completion of the updating the NRC,1951 at all the local, tehsil & district level offices created for the purpose, controversy regarding its correctness set in and even some lawmakers openly came out criticizing the document.

A sitting M.L.A of Assam belonging to the political party All India United Democratic Front (AIUDF) representing the Scheduled Caste-reserved constituency of Abhayapuri South in lower Assam, having found himself out of the NRC, reportedly expressed that thousands of genuine Indians, especially Bengali Hindus, have been left out of final NRC, and as many illegal foreigners have made into the final list. [35]

The Assam Public Works (APW), the original petitioner in the Supreme Court which led to the update of the National Register of Citizens six years ago, said the final NRC turned out to be a 'flawed document' because its prayer for re-verification of the draft list was rejected by the apex court. The NGO also wondered whether the software used in the update exercise was capable of handling so much data. [36]

Widespread protests erupted against the Citizenship Amendment Act, 2019 when read with NRC, across India.The allegation ranged from the Act when applied through the lens of NRC being against the Constitution of India and being discriminatory to Muslims. However, protests in the North Eastern State of India were concerning the effect of the Act and the register eroding the identity of north eastern India by allowing naturalizing of illegal immigrants.

Eligibility Criteria

National Register of Citizens has listed the following classes of persons as being eligible to be included in the NRC: [37]

Updating the NRC

The NRC is updated as per the provisions The Citizenship Act, 1955 [38] and The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 (As amended by 1. G. S. R. 803(E), dated 9 November 2009 (with effect from 9/11/2009.), Ministry of Home Affairs (Office of Registrar General, India), Order No. S.O. 596(E), dated 15 March 2010, published in the Gazette of India, Extra, Part II. No. 504 S.3(ii), dated 16 March 2010 p. 1.). As per the two statutes, the eligibility status would be ascertained based on the NRC, 1951, Electoral Rolls up to 1971 and in their absence the admissible documents up to 24 March (midnight) 1971.

Updating the National Register of Citizens (NRC) in the state of Assam is the most extensive citizen-engaging exercise undertaken in any Indian state, perhaps the first of its kind even globally, that touches the lives of every resident of the state. Once the Registrar General of India appointed Prateek Hajela as the State Coordinator for the project:

Documents to be furnished

Two sets of documents had to be furnished by the applicants for inclusion in the updated NRC. They are -

Distribution and Receipt of Application Process

For the convenient update of NRC, the application process was facilitated to the public in both online and offline modes.

Distribution and Receipt of Application Form took off initially on 9 May 2015 with a trial run of the NRC Application Receipt Software at Chandrapur 3 NSK under Chandrapur circle of Kamrup Metropolitan. Soon after, the Application Receipt phase was launched in May 2015 and the online submission facility was launched on 22 June 2015. Application Forms were distributed house to house by government functionaries in the entire state and could be collected by the applicants from the NRC Seva Kendra's (NSKs) in case it was lost or damaged.

The guidelines of form fill up were made available in the form of instruction sheets distributed during the Community Awareness Meetings, video tutorials were developed and made available online as well as distributed in the form of CDs in each district at the capacity building meetings, toll free helpline numbers were made available.

The NRC Seva Kendras (NSKs) served as the Application Receipt Centres.

The online receipt of application forms allowed the user to submit their registration details online, submit their NRC Application Forms online and finally generate their Acknowledgement Receipt Number on successful submission of the forms online.

A first of its kind combination of the online and offline facility was introduced for benefit of the rural public. The application was introduced at a later stage and could be accessed through any Government-authorized Common Service Center (CSC)/Arunoday Kendra. The Common Services Centres are being operated by the Village Level Entrepreneurs (VLE) who ensure the percolation of the National e-Governance Plan at the grass-root level. In total 1148 SAHAJ Arunoday Kendras have been rolled out so far in the State of Assam, out of mandated 2833 Centres to July 2009), Cyber Cafes, any friend or internet access point for uploading photos and supporting documents. The e-form was made available at the NRC Assam website www.nrcassam.nic.in  from 6 August 2015 onwards, through which anyone could download the e-form or copy in pen drives from the CSCs. One could easily fill up the e-form online or offline as per their convenience from literally anywhere.

The last date of receipt of the Application Form was 31 August 2019.

Verification Process

The sole objective of the verification process is to ensure that no ineligible person gets entry into the updated NRC and that no genuine person is left out form the NRC. The verification process consists of the following steps:

Final eligibility for the inclusion of names is determined only if the results of all the three verification process -field verification, office verification, and Family Tree Matching- are found positive. As mandated in the Citizenship Rules, 2003 all cases, after ascertaining final eligibility at LRCR level, is referred to the DRCR for his/her approval before publishing the Part Draft NRC and Complete Draft NRC.

Verification of Family Tree commenced on 15 February 2018 in Assam. Applicants whose family tree details mismatch with other members of the family will be called for family tree verification. Mismatches arising due to giving nicknames in family tree details, name/ surname changes due to marriage, missing out names of all family members due to lack of knowledge or ignorance, etc.,  will be corrected during these proceedings.

Applicants will receive Letter of Information (LOI) delivered at their households by NRC field level functionaries. Details of date, time and venue will be mentioned in the LOI. However, those who receive this letter should not think their application is considered doubtful or will lead to exclusion from NRC. It is an opportunity to ensure the Legacy of each genuine citizen is protected from being misused by any unauthorized person to wrongfully enter NRC.

A few applicants whose names are already included in Part Draft NRC may also receive an LOI. In such cases, they need to appear and testify to stop people from misusing their Legacy Data mischievously.

Publication of Part Draft NRC

The first part of draft NRC, known as the Part Draft NRC has been published on expiry of midnight of 31 December 2017 by the Office of the State Coordinator of National Registrar (Assam) in all the villages/wards where the Application Forms were issued and received. The total number of people included in the Part Draft NRC is 19010932 members out of 3.29 crore applicants.

Following facilities were made available for the general public to check their name in the Part Draft NRC:

A total of 19010932 names of applicants have been included in the Part Draft NRC out of a total of 3.29 crore applicants. The names of remaining applicants will be included in the Final Draft NRC if found eligible after the entire verification process is completed. Also, names of applicants who submitted GP Secretary Certificates haven't featured in the Part Draft NRC as their verification was on hold until the ruling of the Supreme Court on 5 December 2017; stating that GP Secretary certificates can be used as a valid identity document for claiming citizenship. Therefore, verification of applicants who submitted GP Secretary Certificates has been resumed after the publication of Part Draft NRC; and if found eligible, will be included in the Final Draft NRC in Assam.

Complete Publication of Draft NRC

The Complete Draft NRC was published on 30 July 2018 consisting of names of all those persons who have been found eligible after the entire verification process was completed.

Receipt and disposal of Claims and Objections

Applicants who did not find their place in the Final Draft NRC could once again furnish any of the 15 admissible documents to prove their eligibility. They could either submit the same documents that they had submitted during the application or can submit any fresh documents. The process of filing Claims and Objections began from 25 September 2018 amidst all anxiety for some and amidst all eagerness for others. Applicants had to fill up the Claim Form and submit to the NRC Seva Kendras where they have applied earlier during the Application Phase. The process of submitting Claims and Objections began from 25 September 2018 and continued till 31 December 2018 as per the Supreme Court's order. The disposal of claims and objections was then carried out with the objective that the process of claims and objections is fair and transparent and provides a reasonable opportunity to all concerned.

Publicity Measures Undertaken to Empower the Public about NRC

Considering the sensitivity of the matter and the magnitude of the project, it was important to reach out to the public in a meticulous way and ensure complete public awareness. For this, a strategic information dissemination and communication plan was adopted. A 360 degree IEC and media campaign was designed and implemented for generating awareness and dissemination of information to target audience across Assam/India/Globally through the following platforms: Community Level Meetings (CLMs), Leaflets, Video Tutorials, Field Level Speakers (FLS), Print Media, Electronic Media, Social Media, NRC Website.

Grievance Redressal Mechanism

For active public participation, a one-stop Grievance Redressal System was developed and implemented through which the complaints/grievances related to NRC can be addressed.

Innovative Use of Technology: Barriers and Strategies

Extensive use of IT was developed and deployed to use in the NRC process. Some of the major breakthroughs in IT usage are listed below:

Without extensive IT deployment and development of bespoke solutions like digitized legacy data development, document segregation and metadata entry, micromanagement and business development tools for daily appraisal of the performance of 2500 centres (NSK), 157 Tehsil offices and all districts, implementation of this Supreme Court-monitored project would not have been possible within short timelines. No other IT project of this scale has been implemented in Assam that covered 100% households in the state.

Creation of additional Foreigners' Tribunals

On 30 May 2019, the Government of India passed a Foreigners' (Tribunals) Amendment Order 2019, which allows all states & UTs within the union of India to constitute their own Foreigners' Tribunals, earlier unique to the state of Assam only, to address the question of citizenship of a person. The amendment empowers district magistrates in all states and union territories to set up Foreigners' Tribunals to detect foreigners. [39] Following the Amendment, the provincial Government of Assam has initiated the process of establishing 400 additional Foreigners' Tribunals out of which 200 are made functional since beginning of September 2019.

Construction of Detention Camps

The Government of the state is also set to construct ten more detention camps besides six already in place in anticipation of the possible requirement to house a large number of illegal foreigners who may be declared as such by the Foreigners' Tribunals. The first such new exclusive detention camp is under construction in the district of Goalpara in lower Assam at cost of around Rs 460 million and a capacity to hold 3000 persons. [40]

Support for NRC Assam

CPI (M) supported NRC Assam, and welcomed [41] the publication of the final list that excluded nearly two million people. CPM Assam secretary Deben Bhattacharya was of the opinion that "NRC has seen the light of the day because of the hard labour of 52,000 employees and patience of the people of Assam. We urge the government to provide the 3,11,21,004 people whose names have been included in the list with identity cards as soon as possible. The party justified NRC Assam; "the updating of the NRC in Assam came about in specific historical and political circumstances". [42] The government should also consider ways to scrutinise the names left out in the draft NRC but included in the final one because of human error". [43] CPI (M) also extended support for conducting NRC in Tripura. [44]

Impact of NRC over women

NRC in Assam has affected women a lot and put them on disadvantaged footing by asking them to establish their link to parental home as lacs of minor girls, married before attaining the age of eighteen, failed to establish proof of residency. The identity of most women is associated with husbands in India. The National Family Health Survey data reveals that in char dominated districts of Assam, nearly half of the women get married before the age of eighteen. When women are married off before attaining the age an adult, they cannot get enlisted in the voters list from their parental house. In absence of other documents like educational certificates and marksheets (due to illiteracy), it removes any legal link to their parental home. This forces them to opt for panchayat certificates to prove linkage with parents only to get such documents to be rejected. [45]

See also

Notes

  1. ↑ According to Kanchan Gupta, the Muslim League government of Bengal had encouraged such migration during 1940–1946, when there was no popular government in Assam. After the partition of India, these patterns of migration continued. (Gupta, Beyond the poll rhetoric 2019, p. 5)
  2. ↑ Multiple sources report that roughly 0.7 million excluded applicants were Muslim. Citizens for Justice and Peace quoted figures from the Intelligence Branch of the Assam government to the effect that fewer than 0.5 million Muslims were of East Bengal origin. [12] A BJP internal survey of the excluded applicants counted 504,800 Bengali Hindus. [13]
  3. ↑ In reference to Article 144 of the Constitution of India, all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. Article 142 of the Constitution of India further stipulates that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe and subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
  4. ↑ VTR serves two purposes – first by making the job of Verification Teams easy by providing pre populated data related to applicants systematically in one page where the Teams   have to record the result only in "Yes"/"No" format. Additionally, the VTR also indicated the fields in which the applicants have not provided full detail in their Forms so that the Verifying Officers can complete those during field verification. The second purpose served by VTRs is to allow quality checking of the first round of application form data digitization done by operators. As VTRs are taken to field for the recording of results, the VTRs get a chance to correct any digitization error and take the second opinion on the spelling of names, surnames, etc. directly from the applicants.

Related Research Articles

<span class="mw-page-title-main">Naturalization</span> Process by which a non-national in a country acquires after birth the nationality of that country

Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. Arguments for increasing naturalization include reducing backlogs in naturalization applications and reshaping the electorate of the country.

<span class="mw-page-title-main">Green card</span> Lawful permanent residency in the United States

A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2023, there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.

<span class="mw-page-title-main">Indian nationality law</span> History and regulations of Indian citizenship

Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of India and the Citizenship Act, 1955.

<span class="mw-page-title-main">Permanent account number</span> Code that acts as an identification for individuals, families and corporates

A permanent account number (PAN) is a ten-character alphanumeric identifier Foundational ID, issued in the form of a laminated "PAN card", by the Indian Income Tax Department, to any person who applies for it or to whom the department allots the number without an application. It can also be obtained in the form of a PDF file known as e-PAN from the website of the Indian Income Tax Department.

<span class="mw-page-title-main">Assam Movement</span> Indian civil disobedience campaign

The Assam Movement (1979–1985) was a popular uprising in Assam, India, that demanded the Government of India detect, disenfranchise and deport illegal aliens. Led by All Assam Students Union (AASU) and All Assam Gana Sangram Parishad (AAGSP) the movement defined a six-year period of sustained civil disobedience campaigns, political instability and widespread ethnic violence. The movement ended in 1985 with the Assam Accord.

<span class="mw-page-title-main">Refugees in India</span> Overview of legally registered refugees residing in India

Since its independence in 1947, India has accepted various groups of refugees from neighbouring countries, including partition refugees from former British Indian territories that now constitute Pakistan and Bangladesh, Tibetan refugees that arrived in 1959, Chakma refugees from present day Bangladesh in early 1960s, other Bangladeshi refugees in 1965 and 1971, Sri Lankan Tamil refugees from the 1980s and most recently Rohingya refugees from Myanmar. In 1992, India was seen to be hosting 400,000 refugees from eight countries. According to records with the Union Ministry of Home Affairs, as on January 1,2021, there were 58,843 Sri Lankan refugees staying in 108 refugee camps in Tamil Nadu and 54 in Odisha and 72,312 Tibetan refugees have been living in India.

<span class="mw-page-title-main">Employment authorization document</span> Document issued by the United States Citizenship and Immigration Services

A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

The Illegal Migrants (IMDT) Act was an Act of the Parliament of India enacted in 1983 by the Indira Gandhi government. It was struck down by the Supreme Court of India in 2005 in Sarbananda Sonowal v. Union of India.

<span class="mw-page-title-main">The Foreigners Act, 1946</span> Act of Indias Imperial Legislative Assembly granting powers to the Interim Government

The Foreigners Act, 1946 is an Act of the Imperial Legislative Assembly enacted to grant the certain powers to the Interim Government of India in matters of foreigners in India. The Act was enacted before India became independent.

<span class="mw-page-title-main">Bhutanese nationality law</span>

Bhutanese nationality law is the law governing the acquisition, transmission and loss of Bhutanese citizenship. The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo Jigme Singye Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha, national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent; where not inconsistent, the provisions of the 2007 Act, the 1985 Act, and previous Acts relating to immigration continue in effect.

<span class="mw-page-title-main">Overseas Citizenship of India</span> Category of Indian nationality law

Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. It allows the cardholders a lifetime entry to the country along with benefits such as being able to own land and make other investments in the country.

<span class="mw-page-title-main">Thai nationality law</span>

Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

<span class="mw-page-title-main">Bahraini nationality law</span>

Bahraini nationality law states who is a citizen of Bahrain. Foreigners are often given citizenship. Bahraini citizenship laws are governed by the Bahraini Nationality Law of 16 September 1963. Bahrain does not currently permit dual citizenship, and a Bahraini citizen who acquires a foreign citizenship loses Bahraini citizenship. Bahraini citizenship can be renounced. However, in 2016, Bahrainis could have applied to the Ministry of Interior to maintain dual nationality. The king has the discretion to grant Bahraini citizenship to those otherwise not qualified. His Majesty the Governor has the discretion to grant citizenship to an Arab individual who has performed a great service to Bahrain. A Bahraini citizen over the age of 20 years has the right to vote in national elections. Bahraini citizens have a right to a Bahraini passport, though in 1996 the Bahraini government was criticised for refusing to renew the passports of some Bahraini nationals, thus imposing an effective exile on these individuals.

An illegal immigrant in India is a foreigner who has entered India either without valid documents or who initially had a valid document, but has overstayed beyond the permitted time, as per the general provisions of the Citizenship Act as amended in 2003. Such persons are not eligible for citizenship by registration or naturalisation. They are also liable to be imprisoned for 2–8 years and fined.

<span class="mw-page-title-main">Systematic Alien Verification for Entitlements</span> Program managed by the U.S. Department of Homeland Security

Systematic Alien Verification for Entitlements (SAVE) is a program managed by United States Citizenship and Immigration Services (USCIS), a branch of the U.S. Department of Homeland Security (DHS). SAVE facilitates lookups on the immigration and nationality status of individuals in the United States. It is an intergovernmental initiative designed to help federal, state, tribal, and local government agencies, or by a contractor acting on the agency's behalf, to determine eligibility for benefits, licenses or grants, government credentials, or to conduct background investigations. It is one of two programs that uses the Verification Information System (VIS). The other program is the Electronic Employment Eligibility Verification Program, also known as E-Verify, and is used by employers to verify the immigration status of employees. For additional verification, SAVE relies on the Person Centric Query System (PCQS).

The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who arrived in India by 2014. The eligible minorities were stated as Hindus, Sikhs, Buddhists, Jains, Parsis or Christians. The law does not grant such eligibility to Muslims from these countries. Additionally, the act excludes 58,000 Sri Lankan Tamil refugees, who have lived in India since the 1980s. The act was the first time that religion had been overtly used as a criterion for citizenship under Indian law, and it attracted global criticism.

Assam Detention Camp is a group of immigration detention centers for illegal immigrants located in Assam. The first detention centre in the state had come up in 2008 under orders of the Gauhati High Court. Currently six immigration detention centres have been set up in Assam, all inside jails, in various districts of the state.

The National Register of Citizens (NRC) is meant to be a register of all Indian citizens whose creation was mandated by the 2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported. It has been implemented for the state of Assam starting in 2013–2014. The Government of India announced plans to implement it for the rest of the country in 2021, but it has not yet been implemented.

The Citizenship (Amendment) Act, 2003 was passed by the Parliament of India in December 2003, and received presidential assent in January 2004. It is labelled "Act 6 of 2004".

No NRC movement was originated in West Bengal, after NRC Assam Draft List was published in 2018. It predated the anti-CAA protests and created the conditions for protests against the CAA to grow, especially in West Bengal. The NRC Assam Final Draft List, published on 30 July 2018, has excluded four million residents. The initial protests against NRC were organised by the Matua (Namashudra) community in West Bengal. On 1 August 2018, the members of the Matua community protested across the state, in places such as Dumdum, Sodepur, Titagarh, Palta, Halisahar, New Barrackpore, Madhyamgram, Barasat, Thakurnagar and Bhaybla in North 24 Parganas district and Chakdah, Bagula, Badkulla in Nadia district. They blocked the national highway-6 connecting Kolkata and Mumbai at Chandrapur in Howrah district. Sarva Bharatiya Namashudra Vikash Parishad promised to continue protests against NRC. They also blocked Railway traffic in various places in Bengal. Matua Mahasangha contended that NRC Assam would exclude millions of Matuas. The rail blockade by Matuas disrupted rail traffic in Sealdah division.

References

  1. ↑ Seetharaman, G. (14 June 2015). "National Register of Citizens in Assam: Issue of illegal foreigners continues to be a major political one". The Economic Times.
  2. ↑ "Assam: Overhaul of National Register of Citizens sparks controversy". 29 June 2015.
  3. ↑ Seetharaman, G. (14 June 2015). "National Register of Citizens in Assam: Issue of illegal foreigners continues to be a major political one - The Economic Times". The Economic Times. Economictimes.indiatimes.com. Retrieved 5 September 2015.
  4. ↑ Review: Assam: The Accord, The Discord by Sangeeta Barooah Pisharoty, Hindustan Times, 13 December 2019.
  5. ↑ Gupta, Beyond the poll rhetoric (2019), pp. 4–5.
  6. ↑ Gupta, Beyond the poll rhetoric (2019), p. 5.
  7. ↑ Karmakar, Rahul (21 July 2018). "Who is Prateek Hajela, who's making the headlines in Assam?". The Hindu. ISSN   0971-751X . Retrieved 9 July 2019.
  8. ↑ NRC final list: How and where to check your name on Assam's National Register of Citizens, India Today, 31 August 2019.
  9. ↑ ‘Five lakh Bengali Hindu NRC rejects will get citizenship, The Times of India, 11 December 2019.
  10. ↑ Thomas, K. V. (6 December 2019), The Politics of NRC and its Pan-Indian Dimensions (PDF), Centre for Public Policy Research, pp. 6–7
  11. ↑ Sanjoy Hazarika, Assam's Tangled Web of Citizenship and the Importance of a Consensus, The Hindu Centre for Politics and Public Policy, 18 October 2019.
  12. ↑ Zamser Ali, Bangladeshi bogeyman myth EXPOSED in Assam!, Citizens for Justice and Peace, 17 September 2019.
  13. ↑ Swing between hope & despair, The Telegraph, 13 December 2019.
  14. ↑ Scroll Staff (25 December 2022). "CAG flags irregularities in Assam's NRC exercise". Scroll.in . Retrieved 25 December 2022.
  15. ↑ Will take back Bangladeshi citizens staying in India illegally if evidence provided: Dhaka official, India Today, 17 December 2019.
  16. 1 2 White Paper on Foreigners Issue 2012.
  17. ↑ "Religion data spotlight on Assam Accord after 30 years". Hindustan Times. 26 August 2015. Retrieved 13 August 2018.
  18. ↑ White Paper on Foreigners Issue 2012, Chapter 1.
  19. ↑ "The Immigrants (Expulsion from Assam) Act 1950". www.satp.org. Retrieved 13 August 2018.
  20. ↑ "In-brief: What is Assam's National Register of Citizens updation and how it will impact illegal immigrants". The Financial Express. 1 January 2018. Retrieved 16 August 2018.
  21. ↑ Phadnis, Aditi (5 November 2005). "Aditi Phadnis: Assam's ethnic mess". Business Standard India.
  22. ↑ Writ Petition (Civil) No. 562 OF 2012: Assam Sanmilita Mahasangha & Ors. Versus Union of India & Ors., The Supreme Court of India, 17 December 2014
  23. ↑ Deka, Dr. Kaustubh. "Bengali Muslims who migrated to Assam in 1871 are not 'illegal Bangladeshis'". Scroll.in. Retrieved 16 August 2018.
  24. ↑ "Must Read: NRC For India— A Paradigm Shift from Vote Bank Politics to "India for Indians" - The Fearless Indian". The Fearless Indian. 14 August 2018. Retrieved 16 August 2018.
  25. ↑ "Martyrs of Assam Agitation". Government of Assam.
  26. ↑ "From Assam Accord to NRC discord: A timeline". The Economic Times. 2 August 2018. Retrieved 16 August 2018.
  27. ↑ "32 years after it was signed, separate office set up to implement Assam Accord". Hindustan Times. 10 December 2017. Retrieved 20 August 2018.
  28. ↑ "Assam Accord and its Clauses". Government of Assam.
  29. ↑ "National Register of Citizens to be updated in Assam". The Hindu. 18 March 2013. ISSN   0971-751X . Retrieved 20 August 2018.
  30. ↑ "Couple who set NRC ball rolling". The Telegraph. Archived from the original on 6 August 2020. Retrieved 12 December 2020.
  31. ↑ The Citizenship (Amendment) Act, 2003, Government of India, published at india-eu-migration.eu
  32. ↑ "Ministry of Home Affairs Order, 6 December 2013" (PDF). NRC Assam. Gazette of India. 5 December 2013.
  33. ↑ "All you need to know about NRC". www.telegraphindia.com. Retrieved 2 July 2019.
  34. ↑ https://www.livelaw.in/pdf_upload/pdf_upload-363869.pdf [ bare URL PDF ]
  35. ↑ "Across Assam, chorus rises among MLAs: NRC is faulty, many genuine citizens out". 2 September 2019.
  36. ↑ "Assam NRC final list: Original petitioner in SC says document is 'flawed' as apex court rejected reverification plea". 31 August 2019.
  37. ↑ "What is NRC?". India Today. 20 June 2019.
  38. ↑ "Extracts from the Citizenship Act, 1955: 8-003a". indiancitizenshiponline.nic.in. Ministry of Home Affairs, Government of India. Retrieved 3 July 2019.
  39. ↑ "New MHA Order Allows Creation of Foreigners Tribunals, Gives Them Power to 'Regulate Own Procedure'". News18. 10 June 2019.
  40. ↑ "Assam seeks 10 more detention centres to hold 'illegal foreigners'". 15 June 2019.
  41. ↑ "Pleased with NRC outcome: Assam CPM". www.telegraphindia.com. Retrieved 6 March 2020.
  42. ↑ "NRC in Assam: Ensure Justice for Excluded". Communist Party of India (Marxist). 31 August 2019. Retrieved 6 March 2020.
  43. ↑ "Pleased with NRC outcome: Assam CPM". www.telegraphindia.com. Retrieved 6 March 2020.
  44. ↑ ranjan, ribhu (9 October 2018). "CPI-M Supports SC On National Register of Citizens for Tripura". The Citizen. Retrieved 6 March 2020.
  45. ↑ Malik, Shahnawaz Ahmed, Future of Citizenship Laws in India With Special Reference to Implementation of NRC in Assam (July 31, 2020). Journal of Legal Studies and Research, Volume 6 Issue 4 – August 2020, ISSN: 2455-2437

Bibliography

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.