The Future of 40 Lakh Excluded Residents in Assam’s National Citizens Register
The ongoing verification process for the National Citizens Register (NRC) in Assam has resulted in a large number of residents being excluded from the list. This move, while aimed at restoring the purity of citizenship in the state, has led to significant legal and humanitarian challenges. Among those excluded are 3.8 million individuals, with 40 lakh (4 million) people unable to prove their citizenship, necessitating further scrutiny through Foreigners Tribunals.
Implications for Excluded Residents
Residents who have been excluded from the NRC list are required to appear before Foreigners Tribunals for further assessment. These Tribunals, well-established in dealing with cases involving citizens declared 'D' voters by the Election Commission or those referred by the Assam Border Police, are now the final arbitrators in these cases.
As of March 31, 2023, over 1.17 lakh people have been declared foreigners by these Tribunals, with 63,959 declared foreigners through ex parte orders. Additionally, those who contested the cases often claimed Indian citizenship, and even minor discrepancies in personal documents have led to their citizenship being contested.
Legal Processes and Challenges
The process of appealing the findings of these Tribunals is lengthy and complex. Individuals have the right to challenge their citizenship in the Foreigners Tribunals, followed by appeals to the High Court and the Supreme Court. This lengthy legal process, involving multiple levels of judicial scrutiny, is a significant challenge for those involved.
Given the high stakes involved, it is crucial that these Tribunals function transparently and follow standardised procedures to allow for appeals. Any arbitrary decisions can have severe consequences, including the loss of citizenship and subsequent removal from the state.
Consequences of Citizenship Loss
The potential consequences of being declared a non-citizen are profound. Those who lose their citizenship may face deportation or be designated as second-class citizens, with limited access to government benefits such as employment, education, and social security.
Considering the large number of residents affected, the Indian Government faces significant challenges in relocating these individuals. Bangladesh has refused to accept them back, which complicates the task. Consequently, a possibility is that these individuals may lose certain civil rights and benefits in Assam but still continue to live in the state.
Conclusion: The Need for Fair and Transparent Processes
The ruling of the Foreigners Tribunals under the NRC process is a fundamental test of India's commitment to upholding the rule of law and the principles of citizenship. Ensuring fair and transparent procedures, with robust appeal mechanisms, is imperative to protect the rights of these residents.
The government must prioritize fair and transparent processes to mitigate the human and legal impacts of the NRC. Continuing to protect and support the rights of its citizens is not only a constitutional requirement but also a moral imperative in a democracy.
Keywords: NRC, Foreigners Tribunal, Indian Citizenship, Assam, Legal Challenges