Mains Paper 2 : Laws, Institutions & Bodies Constituted For The Vulnerable Sections |
From UPSC perspective, the following things are important :
Prelims level : NRC
Mains level : Citizenship on the basis of religion is not a good idea,
The real aim of the Citizenship (Amendment) Bill is to segregate non-citizens on the basis of religion.
Background of NRC
- At present, Assam is the only State in the country to have an NRC, which was compiled way back in 1951.
- The process of updating the 1951 NRC in Assam has been on since 2015 under constant monitoring by the Supreme Court.
- The complete draft of the updated NRC in Assam published on July 30, 2018 excluded the names of over 40 lakh of the total 3.29 crore applicants.
- The Supreme Court has fixed July 31 for publication of the final NRC list after disposal of all claims and objections.
No definition of infiltrators
- The ideological position of the ruling party is that undocumented immigrants belonging to Hindu and other religious minority groups in these three countries cannot be treated as “illegal migrants” in India and need to be granted citizenship, while the Muslims among them are “infiltrators” must be identified and driven out.
- This is an attempt to manufacture consent of the people on the definition of “infiltrator” according to the ideological lexicon of the saffron party.
The problem of the cut-off date
- If the cut-off date is going to be different from that taken for updating the NRC in Assam, what will be the legal status of those included in the updated register in Assam in the rest of the country, and vice versa?
- The cut-off date for updating the NRC in Assam is March 24, 1971, which is also the cut-off date in the Assam Accord for implementation of the core clause, Clause 5, which calls for identification, deletion of names and expulsion of “illegal migrants” from Bangladesh, irrespective of their religion.
- Updating the NRC in Assam on the basis of this core clause led to a broad political consensus in the State that the updated register will be a critical document for implementing this clause and addressing the apprehension of the Assamese and other ethnic communities in the State of losing their linguistic, cultural and ethnic identities due to unabated migration from Bangladesh.
- The Assam government recently informed the Supreme Court that it has submitted a ₹900 crore proposal to the Ministry of Home Affairs for sanctioning 1,000 Foreigners Tribunals to decide the cases of those to be excluded from the final NRC list. The State has a hundred Foreigners Tribunals at present.
The smokescreen of an infiltrator-free India without explicitly defining an infiltrator will not be able hide the real threat posed to the country’s secular fabric. If the Bill is made into an Act, it poses the threat of abusing the NRC to divide people on religious lines. The country can ill afford such a divisive agenda.