By Aman Wadud,
These days NRC is dominating debate and discussion in Assam. NRC (National Register of Citizens) was first prepared in 1951 based on census of that year. The Supreme Court in a judgment has asked the Centre and the state government to update NRC for Assam in a time bound manner. The NRC will now be updated to include names of those persons or their descendants whose name appear in the NRC,1951 or in any of the Electoral Rolls up to the midnight of 24th March,1971 or in any other admissible documents issued up to mid-night of 24th March 1971. These documents together are called legacy Data and included in List A. Another set of document will be required to prove linage with the person whose name appears in pre 24th March 1971 documents/ Legacy Data, these are included in List B.
Challenges before citizens: NRC is huge process touching the lives of entire population of Assam, even new born will also be included in updated NRC. Updation of NRC is more than thirty years old demand. One of the demands of Assam agitation leaders was to update NRC free of any illegal immigrants. Government after government kept deferring it. Even the Assam agitation leaders who formed a political party and was in power for ten years did not update NRC. Finally after Supreme Court’s order the process of updation of NRC has started in Assam. The Centre, the State government and its institutions should have taken all necessary steps to make the entire process convenient for masses. To the contrary, the NRC updation process has been made inconvenient, cumbersome and utterly confusing. The NRC application form is a clumsy and complex piece of paper for general citizens. Till date two people have committed suicide and more has attempted to end their lives failing to find name of their ancestors in Legacy Data.
Everyone except whose names appears in Legacy data should prove their linkage with the person whose name appears in Legacy Data. There are seven documents in List B to prove linkage, which are- birth certificate, land documents, board/university certificate,Bank/LIC/PO documents, Circle Officer/GP Secretary Certificate, Electoral roll, ration card and at number eight it is mentioned that any legally acceptable documents can be submitted to prove linkage. But it is not mentioned anywhere what exactly are these documents which has been termed as legally acceptable document. Although one might argue that documents mentioned in List B are extensive , they forgets that there are lakhs of children from poor families who doesn’t have birth certificates, and they are too young to get themselves enlisted in voter list. It is not possible for these poor parents to get issued a birth certificate for their grown up children.
A new born gets birth certificate free of cost if issued within 21 days of birth, parents has to pay huge bribe if they want birth certificate for their issues after this period. These children will be left with no documents to prove their relationship with their parents and ancestors. To make things worse even School certificates are not been accepted as valid document to prove linkage. NRC updating authorities definitely did not spare a thought for these children or they would have included Gaon Burah certificate or certificate provided by schools in List B to prove linkage. There is no explanation why Gaon Burah certificate is not accepted as legally acceptable document. A Gaon Burah or a village headman is a civil post , the office of the deputy commissioner of the district is the appointing authority of a Gaon Burah. Certificate issued by Gaon Burah is also accepted in judicial proceedings, wonder what stopped NRC updating authorities to include Gaon Burah certificate in List B. Lakhs of parents all over the state are having sleepless nights failing to obtain any certificate to prove that their own children are actually their own. Some parents have fallen prey to frauds who are selling fake birth certificates for few hundred rupees. If at all non inclusion of certificate issued by Gaon Burah and school certificates in List B is helping anyone, it is helping these frauds who are selling fake birth certificate to innocent and impoverished parents. If these parents are caught submitting fake birth certificate they might be prosecuted and put behind bar for cheating, thus causing more misery to their existing impoverishment.
Certainly NRC updating authorities could have done away with these hardships that many parents are enduring. Apparently NRC updating authorities has taken a decision to include Gaon Burah certificate in List B , but that decision has not been implemented till this piece is written. With just one month left for the last date for submission of NRC application form , NRC updating authorities is still undecided whether to include Gaon Burah certificate in List B. There could two be reason for this – either NRC updating authorities has mala fide intention or they are supremely incompetent. Either of these is uncalled for and unacceptable. One of the worse affected people of this entire fiasco is Nur Islam. Nur Islam hails from a backward area of Barpeta district, where I met him during one of many NRC awareness meetings. He is father of four children, and no one has birth certificate. When I asked him to get issued birth certificate for his children, his reply made me speechless. Nur Islam says “I somehow makes two ends meet by working as a daily wage laborer, how can I spend thousands of rupees for birth certificates?.” Assam has many such Nur Islam, they are suffering only because of reprehensible attitude of NRC updating authorities. Inclusion of Gaon Burah Certificate and School certificate in List B would have solved problems for lakhs of Nur Islam.
Indian citizens who came to Assam from other state after 24th March,1971: Legacy data has been uploaded for those who were resident of Assam before 24th March, 1971. Those who came from other state of India after 1971 will naturally face problems in applying for NRC. They will have to fill up column 12 of the application form by mentioning the complete address from where they or their ancestors came and provide documents proving the same. There are many impoverished people who came to Assam post 1971 or even after that and settled permanently here. Many never returned to their place of birth and don’t have any connection to the place from where they migrated. One of them is Ismail Siddique, I met him at a NRC awareness meeting. Siddique is 60 years old, he is settled in Baksa district of Assam. Siddique was born in Uttar Pradesh , he eloped with a girl from other religion and came to Assam as a teenager. Ismail Siddique has never returned to his place of birth, he says he don’t even remember the name of his village now. He will fail to provide any documents to prove that he migrated from Uttar Pradesh. Ismail Siddique is certainly not an exception. Will failure to mention name of place from where he migrated and submitting documents to back the claim result non inclusion of his name in updated NRC ? Will citizens right be curtailed for people like Ismail Siddique. These apprehensions have turned in to nightmare for people like IsmailSiddique.
There are many who came to Assam from Bihar, they came to Assam for a livelihood and settled here. Many know the place of origin but do not have any documents to prove. Even for a certificate from District administration or Gaon Panchayat they will have travel all the way to Bihar. Some people will be succeed to provide documents but many will fail to get necessary documents from their state of origin.
To add to worries and apprehension NRC authorities doesn’t have any comforting reply for these people. NRC Seva Kendra official are clueless , so are NRC call centre employees. At NRC call centre the standard answer is : people who came to Assam from other state post 24th march 1971 will face problem. This is nothing short of making mockery of Fundamental Right to reside and settle in any part of the territory of India.
Moreover there are large numbers of Assamese who lived in areas which are not parts of Assam now. Like those who lived in the then capital, Shillong and voted there. The names of those people are not found in Legacy Data. Although they have option to submit other admissible documents, but how many have preserved such documents? It goes without saying that they are in fear of getting their name dropped from updated NRC.
Married Women who migrated to other place: A married woman has to submit legacy data of her ancestors and prove linkage with them. She can prove linkage with any legally acceptable documents including certificate of Secretary, Gaon Panchayat countersigned by Circle officer/BDO/Executive magistrate. On the face of it this doesn’t seem to be a problem. But this is huge problem for women who doesn’t have birth certificate or any educational certificate issued by board/ university. As they are married off early their name also doesn’t feature with father’s name in the voter list at parental home. In absence of any other legal documents a married women can get a certificate from Secretary Gaon Panchayat countersigned by Circle Officer/BDO/Executive magistrate. Initially in many areas Circle Officers refused to sign such certificate; it was only after pressure from various organizations that Circle Officers are putting sign on such certificate. Moreover there was no format of certificate with Secretary, Gaon Panchayat, it was provided after lots of hue and cry.
In the three 6th Schedule Areas of Assam – Karbi Anglong, Dima Hasao and Bodoland Territorial Area District (BTAD) , there is no Panchayat. NRC updating authorities should have made alternative arrangements in lieu of Certificate issued by Secretary, Gaon Panchayat, but no arrangements were made. Here too only after several organizations approached NRC authorities and appraised about this serious lapse it authorized Lot Mandal to issue certificate. The way NRC updating authorities acted it raises several doubts about their intention and left no doubt about its incompetency to handle a process which includes entire population of the state.
Violation of Supreme Court Order: The Supreme Court vide its order dated 16.07.2013 in WP( C) 274/2009 (The case by which Supreme Court ordered to update NRC in a time bound manner) has directed to publish the copies of NRC 1951 and electoral rolls up to midnight of 24th March 1971 and make it available in all areas of the state up to the village level. The Supreme Court said , “If these modalities are to be worked out, the extracts of National Register of Citizens of 1951 as well as the Electoral Rolls up to the midnight of 24th March, 1971 will have to be published and made available in all the areas of the State, up to the Village level.” But surprisingly only copies of NRC 1951 and electoral rolls of 1965,1966,1970 and 1971 has been published, it is to be noted that in many areas copies of NRC 1951 has not been made available even though people of those areas have certified copies of NRC 1951. The entire electoral rolls since Independence to 1965 is completely missing. People of villages like Salakati, 1 No. Bhumki, 2 No. Bhumki, Chautaki Part 1, Chautaki Part 2, Baddapara, Pollapara, Kauniabhasha, Uzanpara, Kauniabhasha Maspara, Kauniabhasha Munshipara, Kauniabhasha Milmilipara, Joraigaon, Kurshakati, Khakrabari, Chitla, Fakiragram, Bhotgaon, Kashipara etc of Kokrajhar district have certified copies of NRC 1951 but it has not been uploaded with Legacy Data code. These are only few villages of one district whose Legacy data of NRC 1951 has not been uploaded, in 27 districts of Assam there are thousands such villages.
According 6A of the Citizenship Act, amended after Assam Accord, those who came to Assam on or after 1st day January 1966 but before 25th day of March 1971, should get themselves registered and will be barred from voting for ten years. There is fear among people that if they submit electoral rolls of 1966 to 1971 they will be denied voting rights for ten years. Although NRC updating authorities has published advertisement not to believe in rumours but the fact that NRC application form has different column for NRC 1951 and different column for Electoral Roll(s) up to 24th March 1971, the advertisements has not helped in mitigating apprehension of people that their voting rights could be curtailed after updation of NRC.
People has legitimate reason to fear and apprehend that their voting rights could be curtailed. NRC is been updated to solve the problem of illegal immigration in Assam, this issue has been bread and butter for many chauvinist organizations. They surely will not let this issue die. People apprehend that after updation is completed there could be another round of agitation to deny voting rights for ten years for those who submits electoral rolls issued between 1st day January 1966 and 25th day of March 1971. Several articles by self styled intellectuals has appeared in major News paper stating how names of illegal immigrants has made its way in to Legacy Data. Although it is virtually impossible but such irrational views are gaining popularity among those who don’t want to believe in reality.
Sheer lack of uniformity among NRC Seva Kendra’s and authorities: No two Seva Kendra employees or call centre employees speak in same language. Even higher officials like Deputy Commissioner and Circle officers very often has different answer for similar queries. It would be unfair to blame these officials who are not decision making body. The blame solely lies on the NRC updating authorities and Register General of India.
Apparently a year ago a Handbook for Updation of NRC, Assam on the line of Manual of Instructions issued by the Election Commission has been prepared by the State Government and sent to the Registrar General of India (RGI) for approval. This Handbook gives detailed practical steps to be taken by various officials involved in NRC Updating work and elaborates on the detailed workflow and operating procedure, provisions for training and monitoring and supervision, media and publicity activities etc.
This handbook is yet to see light of the day. Last date for submission of NRC application forms is just a month away and public has no idea about NRC handbook. In the name of NRC awareness, advertisement with very limited information is published in news papers. Very lately audio visuals promos has been launched. NRC Seva Kendra also provide couple of pages of printed materials which bore instructions on how to fill the complex application form. No one knows why information are so limited, one wonders why NRC updating authorities are working in such secrecy that even basic information on technicalities are difficult to find.
In spite of such lackluster preparedness, myopic style of working and innumerable loopholes in the process of updating NRC , the general masses specially those Indian citizens who are often abused as illegal immigrants are leaving no stone unturned to make the process of updating NRC a successful one. Their only hope is that after NRC is updated politics around the issue of illegal immigration might come to an end. But will the vested interested groups, from whom the issue of illegal immigration is bread and butter allow the issue to die?
The author is a Lawyer based in Guwahati. He tweets @AmanWadud