A BRIEF NOTE ON PREPARATION / UPDATION OF NRC
In the midnight of 15th August/1985, Assam Accord was
signed among All Assam Student Union (AASU), State Government and Central
Government. In connection with implementation of Assam Accord a tripartite
meeting among AASU, State Government and Central Government was held on 5th
May/2005 at New Delhi in which it was decided to update National Register of
Citizens (NRC), 1951 as per Citizenship Act 1955, Section 6A and according to
the Citizenship (Registration of Citizens of National Identity cards) Rules
2003, Section 4A.
To carry out the NRC process a cabinet sub-committee was constitute
on 30th August/2007 headed by Dr. Bhumidhar Barman, the then revenue
Minister to examine the modalities for updating NRC. Recommendations made by
this cabinet subcommittee were accepted by state cabinet and send the same to
the government of India in the month of June/2008. Based on this modalities
Registrar general of India notified to carry out a pilot project in two circles
namely Barpeta in the Barpeta district and Chay Gaon in the Kamrup district in
June/2010. Due to complexity of modalities a protest march was called by All
Assam Minorities Students’ Union on 21st July/2010. During the
protest march Assam Police opened fire killing four persons and subsequently
pilot project was stopped.
Again a new cabinet subcommittee was constituted on 21st
July/2011 headed by sri Prithvi Maji, the then revenue minister which has
framed a simplified modalities in consultation with all stake holders, which
was approved and forwarded to the Government of India on 5th
July/2013 by the state Government. Based on the recommendation of the State Government,
Union of India has prescribed modalities on 22nd November/2014 for
carrying out NRC updation in the State of Assam.
As per above modalities eligibility for inclusion in the updated
NRC has to established by production of the following documents –
1)
The first requirement is collection of documents of any of the
following documents of List A issued before midnight of 24th
March/1971 where name of self or ancestor appears (to prove residence in Assam
up to midnight of 24th March/1971.)
LIST A :
1.
1951 NRC OR 8. LIC OR
2.
Electoral Roll(s) up to 1971 OR 9. Any Govt. Issued License/ Certificate OR
3.
Land & tenancy Records OR 10. Govt. Service/Employment Certificate
4.
Citizenship certificate OR 11. Bank/ Post Office Accounts OR
5.
Permanent Residential Certificate OR 12. Birth Certificate OR
6.
Refugee Registration Certificate OR 13. Board/University Educational Certificate OR
7.
Passport OR 14. Court Records/ Processes
Further two other documents viz (1) Circle officers/GP secretary
Certificate in respect of married women migrating after marriage (can be of
year or after 24th March 1971 can be adduced as supporting
documents. However, those two documents shall be accepted only if accompanied
by any of the documents listed above.
2)
The Second requirement arises if name in any of the documents of
List A is not that of applicant himself/herself but the name appearing in List
A is that of an ancestor namely father or mother or grandfather or grandmother
or great grandfather or grandmother (and so) of the applicant. In such cases
the applicant shall have to submit documents as in List B below to establish
relationship with such ancestor i.e. father or mother or grandfather or grandmother
or great grandfather or grandmother etc. appearing in List A. such document
shall have to be a legally acceptable
document which clearly proves such relationship
LIST B :
1.
Birth Certificate OR
2.
Land Document OR
3.
Board/University Educational Certificate
4.
Bank/LIC/Post Office Accounts OR
5.
Circle Officer/GP Secretary in case of married women OR
6.
Electoral Roll OR
7.
Ration Card OR
8.
Any other legally acceptable document.
For example, the Birth certificate gives the name of the
father/mother and the child together in one place and can prove the parent
child relationship. Similarly, a land
mutation document carrying the name of both the child and the father/mother can
used to prove a parent child relationship. Electoral Roll also may carry the
name of the father and child together and can be used to establish the parent
child relationship.
Hon’ble Supreme Court has issued an order dated 17/12/2014 against
case a WP (C) No. 562/2012, WP (C)
No. 274/2009 and WP (C) No. 876/201; directing all concerned to complete
NRC updation within a fixed timeframe as per approved modalities. In the same
order Chief justice was requested to constitute a Constitutional Bench to take
up some matters pertaining these cases, from 11th May/2017 by the
Constitutional Bench. The Constitutional
Bench of Hon’ble Supreme Court has started hearing in the matters relating to
the constitutional validity of Section 6A, of Citizenship Act 1955, Rule 4A of
Citizenship Rule 2003 regarding updation/preparation of NRC process etc.
At the field level updation of NRC process has been started by the
NRC authority (RGI, State Coordinator etc.) as per allotted task in the
schedule given in the order mentioned above under the monitoring of the Hon’ble
Supreme Court from February/ 2015.
As per operating procedure after setting up an establishment for
the preparation/updation of NRC, the task like publication of records, issue
and receipt of applications, verifications, publication of 1st
partial draft etc. have been completed as mentioned below:
1)
Publication of documents: The NRC authority is to publish documents like NRC 1951, Voter
Lists up to 1971. The authority
published documents like NRC 1951, Voter List of 1965/66 and Voter List of
1970/71 only in the computerized from namely Legacy Data that too partially as
because this documents are not available in all the places throughout the State
uniformly. The Voter lists other than
1965/66, 1970/71 starting from 1952 to 1971 have not been published by the NRC
authority.
2)
Receipt of applications: After house to house
distribution of prescribed Application From by the authority, an over whelming response
has been shown by the people of the state.
About 68 Lakh families comprising of 3.29 Crore applicants have applied
for inclusion of their name in the NRC. Only a small number of people remain
outside from applying.
3)
Verification of the Applications: Two types of verifications namely official
verification and field verification have been carried out by the NRC
authority. Official verification of the
document submitted by the applicants has been carried out at the source of
issue of the documents online. It is
understood that response/cooperation from other states in respect of official
verifications of records was not up to the mark.
SOME MAJOR EVENTS DURING VERIFICATIONS:
i.
Introduction of Family Tree:
A
new device named as “Family Tree” has been introduced by the NRC authority
during verification phase. The provision
of Family Tree was not included in the modalities. The Family Tree verification detects the
misuse of Legacy Data as well as it establishes linkage among the members of
all the Families using the same Legacy Data.
ii.
Cancelation and Restoration of Panchayat Link
Certificate:
A
new document for married women has been created for establishing linkage for
married women with their parents issued by Panchayat Secretary countersigned by
CO/BDO popularly known as Panchayat link certificate. During the ongoing verification process,
Hon’ble Gauhati High Court issued an order dated 28th February /2017
in an individual Foreigner Case No. WP (C) No. 2634/2016 of Monora Bewa alias Monora
Bewa declaring link certificate issued by the GP Secretary Countersigned by the
Revenue Officer/ BDO as private document, which was prescribed as supporting
documents in the approved modalities for married women who has migrated from
one village to another after marriage.
About 30 lacs married women have submitted the GP Certificate as Link
Certificate along with their application.
As
many as 7 numbers of SLPs were filed in the Hon’ble Supreme Court challenging Gauhati
High Court order on 5th December/2017 {SLP (C ) NO. 13256/2017}.
Supreme Court restores the legal validity of the Panchayat Link certificate
subject to verification of its content.
iii.
Identification of original inhabitant and
inclusion in the updated NRC:
The
Hon’ble Supreme Court passed an order on 24th August 2017 in SLP
(Civil) No. 13256/2017 relating to the matter of admissibility of GP Secretary
Certificate for married women for establishing linkage to their ancestors for
updation of National Registrar of Citizen (NRC). IN PURSUANCE OF THE Hon’ble Supreme Court
order the State Coordinator, NRC, Assam has issued instructions to all concern
for identification and segregation of original inhabitant (“OI”) for coverage
under clause 3 of the schedule to the Citizenship Rule 2003 (Registration of
Citizen and issue of National Identity Card).
It
is to be mentioned here that there is no definition of “OI” is made/available
in Citizenship Rule 2003.Citizenship Act 1955 or in the Constitution of
India. Whereas the NRC authority has
carried out the identification and segregation
of “OI” for their names in the updated NRC arbitrarily based upon caste, creed,
religion, traditions, food habits, dress code etc, without considering any
proof and without issuing any guideline so as to make the process free, fair
and uniform. About 1.30 Crores
applicants were included in the partial Draft NRC as “OI” Excluding Muslims. (a
separate note is enclosed)
iv.
Publication of 1st Draft :
In the mid night of 31st
December/2017 a partial draft covering 1.90 crore applicants has been
published. Though, the number of
inclusion were to be 2.38 crore as per submission of the state coordinator, NRC
in the Supreme Court.
v.
Verification of Panchayat certificate :
The Hon’ble Supreme Court has accepted
the validity of Panchayat certificate with an instruction to examine the
authenticity and contents of the same. Accordingly,
standard Operating Procedure (SOP). Public notice etc. has been issued by state
coordinator for conducting free, fair and transparent verification of the
Panchayat Certificate.
As per report from field level as well
as media that some verifying officers are not following guideline issued
through SOP in letter and Spirit. Verifying
officers are insisting applicants for production of alternate documents issued
of or before December/2015. It is
understood that verifying officers are reluctant to record statement of legacy
person or other descendants of the legacy person to substantiate applicant’s
claim of linkage. This is a clear
violation of SOP and thus it is also the violation of the Hon’ble Supreme court
order. This type of anomaly in
verification is likely to keep a sizeable number of genuine citizens out of
complete draft NRC
.
vi.
Family Tree verification:
Family tree verification of about 47
lakhs applicants are in progress. The
concerned families are attending hearing from one part of the state to other
part as notified by authority introduction of family tree has made the system
of checking misuse of legacy date water tight Matching of family tree also
establishes linkage among the members of the family.
vii.
Weak Document :
On the 1st May, 2018, a Letter
No. SPMU/NRC/Dist-Co-Equip/68/2015/Pt-IV/177, has been issued to all DRCRs from
NRC state Coordinator regarding eligibility determination in case of weak
documents such as Affidavit, Gaonburah (Village Headman) Certificate, Private
School/College Certificate, Immunization records, Ration Cards etc. in this
regard, we would like to bring to your kind notice that as “Family Tree” has
been verified to check the misuse of Legacy Data so undoubtedly, the Family
Tree is a scientific device which has checked the misuse of Legacy Data. At the same time, it has also established
linkage among the members of the family.
As the Family Tree has been utilized for checking the misuse of legacy
data. The same can also be used in
establishing linkage particularly in case of application who have used weak
documents, Panchayat certificate.
It has been stated in the SOP
(Standard Operating Procedure) for verification of Panchayat Certificate that
Panchayat Certificate used by the Males and unmarried women are to be verified
by DMIT. But in contradiction to above statement in SOP. It has been stated in said letter GP/LM/CO
certificate submitted by the males and unmarried women cannot be considered
legally admissible at all for NRC purpose.
Under the circumstances, findings of
Family Tree verification or DMIT verification prior to rejection of any
application who have used weak documents should be utilized, otherwise, a large
number of genuine Indian Citizens likely
to be excluded from the complete draft of NRC. Moreover, after exhaustion of
all documentary evidences DNA test of the applicants prior to exclusion of
their names from the updated NRC should be carried out.
It is also seen in the letter dated 1st
May, 2018 “Record of 1951 NRC, 1971 Electoral Rolls up to 24th March
(midnight), 1971 backend of which are not available with the Deputy
Commissioner submitted as List A – such case will be treated as “No List A” document cases. In such cases, the LRCR may record “NO” as
LRCR decision with LRCR Remakes as “NO List A”.” We would like to mention that non
availability of office record with the Deputy Commissioner cannot be the cause
of non inclusion of persons who applied with valid documents in complete NRC
draft.
viii.
Enforcement/Implementation of Citizenship Act,
1955 and Citizenship Rule, 2003 and High Court {WP (C) No. 360 and 1610 of
2017} Order :
In contradiction to letter no. SPMU/NRC/Dist-Co-Equip/68/2015/Pt-3/93
dated 16/10/2017, another letter No. SPMU/NRC/HC-FT/537/2018/15
dated 02/05/2018 has been issued by the NRC state coordinator. In this regard, the following few points may
be mentioned.
It is a fact that preparation of NRC
is carried out in the state as per the relevant section of Citizenship Act,
1955 and Citizenship Registration Rule, 2003 under the monitoring of Hon’ble
Supreme Court. The NRC authority is
empowered to update NRC as per Citizenship Act and Rule. In the letter dated 2nd May, 2018
state coordinator has cited an order of Gauhati High Court {WP (C) No. 360 and
1610 of 2017} which was passed one year ago in an individual foreigner case>
in the said order Hon’ble High Court has directed SP Border to cause enquiry in
respect of brothers, sisters and other family members of the declared foreigner
and thereafter to make a reference to
the competent Foreigner Tribunal.
The point is that the High Court has
not stopped NRC authority to verify applications placed under Citizenship Act,
1955 and Citizenship Registration Rule 2003 by the brothers, sisters and other
family members of the declared foreigner for inclusion of their names in the
updated NRC. As the section 3 of Citizenship
Act, 1955 regarding the Acquisition of Citizenship is still in force,
therefore, the application of brothers, sister and other family members of
declared foreigner should be verify as per section 3 and 6 A of the citizenship
Act, 1955 as state coordinator has already instructed all DRCRs vide his letter
No. SPMU/NRC/Dist-Co-Equip/68/2015/Pt-3/93 dated 16/10/2017. Otherwise a sizeable number of genuine citizens
are likely to be left out in the complete draft of NRC.
ix.
Non receipt/delayed receipt of NRC updation
Notices for attending Verifications :
Authority has displayed verification
schedule by mentioning of the verification date and venue in their
website. The LRCRs are to serve Notices
to the applicants for attending verifications.
There are many cases where date and venues have been displayed in the
website for attending verification but they have not received notice from the
concerned LRCRs. No verification has
been carried out for those who are not notified by LRCR though verification date
or venue has been displayed in the website.
x.
With huge anomalies final
draft of NRC was published on 30th July. 40 lakh people were not
included in the National Register of Citizen. Lakhs of genuine Indian Citizens hadn't got equal opportunities in
verification phase. Many of the officers engaged for NRC duties misuse their
quasi judicial power to exclude maximum names from final draft. This happened
mostly in CRCR level on the name of scrutiny (special verification and quality
check). After the publication of final draft when excluded applicants want to
know the causes of their exclusion as per the norms of NRC, the grassroots
level officer LRCRs could give them proper reply. In many cases they give some
absurd replies to their queries such as Technical error, ask to resubmit the
link document ( no proper cause of rejection), Declare foreigner (DF), Siblings
of DF, descendents DF, Doubtful Voter (DV), Descendant of DV, Family Tree not
matched, GP Certificate rejected. Link certificate not correct and such and
such. In maximum cases the excluded applicants couldn't be satisfied with the
answers given by the NRC authorities. In more cases applicants did everything
correctly yet intentionally their names were being dropped. In case of persons
showing reasons of DF and DV never noticed earlier from FT, no enquiry was done
earlier by Election officer or Border Police. They are regular in Voter list
and casting their votes regularly. Suddenly when they have got their reply from
LRCRs follow up of their queries that they are DF or DV and going to be
deprived from NRC with their family members, they become surprised and
helpless.
In Claims and Objection Phase, persons kept in
HOLD category can't reapply or Claim for inclusion of their names in final NRC.
They are DF, Siblings of DF, descendants of DF, descendants of DV until and
unless their citizenship is cleared by the competent Foreigner Tribunals.
So, we feel at this stage that few of the
officers trying to exclude maximum genuine Indian citizens from final NRC by
not giving them the chance of Claim.
Regarding all these anomalies stakeholders,
Civil Societies and Political parties and other social organizations concerned
with the issue has been submitting memorandum the NRC authorities, filing Writ
Petition and IAs to the apex court but remedial measure has come out yet.
xi.
Lastly when NRC state coordinator Mr. Prateek Hajela remarked in
general about trading of Legacy Data without pointing the traders, it makes the
total exercise meaningless. Simultaneously when he put forward the suggestions
to the Apex Court to exclude five most important Legacy documents out of
fifteen, prescribed in NRC Modality on which the very exercise of NRC stands,
it creates question of sincerity on the NRC authority. Out of those proposed
five documents have to excluded, two documents i.e. NRC 1951 and Voter List up to 1971 were
mentioned in Citizenship Rule itself and these were the very much foundation of
the NRC.
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