Updating of the National Register of Citizens in Assam and the Citizenship Amendment Bill could lead to a redrawing of the demographic map of South Asia and give new life to the discredited two-nation theory. Critically Discuss (250 W/ 15 M)

Mentors Comment:

Updation of NRC and the consequent fate of those who do not find a mention in the hallowed list raises very important ethical and diplomatic questions and dilemmas for our democracy, government and region. These opinion all deal with the moral, practical and diplomatic challenges before us going forward and hence the issue needs to be prepared from a GS2 perspective as well.

The question expects us to critically discuss what ethical and moral questions are raised by the entire debate, the security and historical concerns that the government has to be sensitive to, and how the current dilemma can be resolved.

  • In introduction, explain about NRC, give its brief history and mention that the issue has to be handled sensitively by looking at the various sides of the coin.
  • In the main body, elucidate the various aspect of this issue which makes it so difficult. Discuss the vexed “foreigner question” that has been a matter of great contention in Assam. Discuss the historical demand for such a register and the government’s commitment while signing the Assam Accord. Why NCR is necessary in the context.
  • Later on highlight the ethical aspects in this situation where the fate of so many families and persons are linked to finding their name in a list which has scope for administrative errors. Discuss the inevitability of immigration as long as the world remains a global village. What will be its ramification on the region and the concept of two state theory.
  • In the conclusion, discuss how has the SC and MHA given assurance and what needs to be done going forward and give your view on how should the government resolve this dilemma.

 

Model Answer:

The first draft of an updated National Register of Citizens (NRC) for Assam was published recently by the Assam government.

NRC:

  • is a list of Indian citizens meant to decide who is a bona fide Indian citizen.
  • those who fail to enlist in the register will be deemed illegal migrants.
  • is only meant for Assam right now.
  • detect illegal migrants from Bangladesh who may have entered Assam after the midnight of March 24, 1971.
  • First NRC was made in 1951 across India according to the census of that year. For the first time it is being updated since then and that too only in Assam.
  • Now, it is not linked to census but one has to link oneself to :
    • a family member whose name had appeared either in the NRC of 1951, or
    • to any of the state’s electoral rolls prepared till midnight of 24th march 1971.
  • The year of 1971 is chosen as it was agreed in Assam Accord 1985.
  • If the applicant’s name is not on any of these lists, he can produce any of the 12 other documents dated up to March 24, 1971, like land or tenancy record, citizenship certificate or permanent residential certificate etc.

Need for NRC:

  • It will check illegal immigration
  • It will help in the betterment of socio-economic condition of Assam.
  • Government can frame policies according to need of the actual citizens living in Assam.
  • Leakages in subsidies and public distribution system will be checked, thus saving resources for the state.
  • The precious resources and subsidies will be used for the actual citizens who are entitled to get them.
  • By removing the non eligible voters from the electoral process, the democratic set up will be bolstered. The will of actual citizens will resonate in their chosen representatives.
  • It will strengthen the security system iby checking illegal immigration.
  • The whole issue will get a much needed closure for a society reeling with division and tension since last 4 decades.
  • For reasons of both history and geography, citizenship, identity, and immigration have long been sensitive and flammable issues in Assam.
  • There was a fear among original inhabitants of Assam that there will be competition from illegal migrants Bangladesh for land and jobs. It would consequently hamper Assam’s culture.
  • Illegal immigration problem has been regarded as a “Security Threat” as it creates problem not only for personal security and human rights issues but also creates internal and international security problem.

Concerns Against the NRC Process as it will lead to redrawing of the demographic map of South Asia:

  • Communal angle has been seen in the exercise. Various groups have opposed identification of illegal migrants on the basis of religion.
  • A security challenge could possibly emerge when the process of updating the NRC gets completed.
  • Creating new fault lines leading to social unrest and further communal tensions.
  • Developments in India have long affected the plight of minorities across the border.
  • The suspicion of dual loyalty has been a persistent source of anxiety and fear for minority communities in the Subcontinent.
  • There are many instances of communal conflict in India creating a backlash against minorities in Bangladesh.
  • Hence NRC process is being seen through suspicion and apprehensions across the border.
  • People have complained that the government has not made available all electoral rolls up to 1971 in all districts.
  • The challenge lies in verifying the authenticity of the certificates for establishing the link between the claimant and the legacy person (who has to be a citizen).
  • Draft NRC could lead to exclusion and inclusion errors and consequently large number of legitimate Indian citizens could end up being denied their voting and other rights.
  • One of the oft-repeated complaints is the discrepancy in names in different government documents, caused by misspelling of names and inclusion or nicknames instead or actual names.
  • There has been concern from Indigenous Tribes who may not have any pre-1971 documents to prove their identity.
  • Many of the citizens had left Assam for employment or other factors, in the period between 1951 to 1971, only to return later. They are facing challenge to prove their identity in the documents related to that period.
  • There are question about validity of NRC 1951 data because it was incomplete.
  • From 1985 to 2012, the government has been able to send back only around 2500 out of over 55000 identified illegal migrants.
  • India does not have any deportation treaty with Bangladesh which will lead to further complexities.

Updating the national register of citizens is indeed a positive step but the actual success lies in its peaceful implementation. It was essential to deal with the illegal immigration in Assam. But a proper framework is need to be developed to deal with the post drafting issues in the region. India needs to have a repatriation treaty with Nepal and Bangladesh to push back those who will be excluded from NRC. Moreover the state government should ensure that injustice should not be done to any of its citizens.

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