A SHORT TUTORIAL ON NPR - NRC - CAA 1.What is NRC? ➢ NRC is a register with names and details of Indians living in or outside India. NRC includes State NRC, District NRC, Sub- District NRC and Local NRC.i 2. What is NPR? ➢ NPR is the register with names and details of all residents (citizens and non-citizens) of India.ii 3. Are NRC and NPR interconnected? ➢ Yes. First NPR is prepared, then after checking the authenticity of the details in it, NRC is prepared. 4. More information might help. ➢ NRC will contain the following information: (i) Name, (ii) Father’s Name, (iii) Mother’s Name, (iv) Sex, (v) Date of Birth, (vi) Place of birth, (vii) Address ( permanent and current), (vii) Marital Status, (viii) Any visible mark on the body (ix) Date on which name was registered in the national register (x) Registration number of the citizen (xi) Number on national identity proof. (This is the rule framed in 2003. If NRC comes into being now it will also contain the biometry of the person).iii NPR was introduced by central government to collect all information mentioned above.iv ➢ Head of family will have to provide all details regarding own and other family members to the NPR authority.v ➢ After scrutinizing all the details provided in the NPR a person’s name will be included in the NRC. ➢ Any mismatch in the data of a person will make that person a ‘doubtful’ citizen and there will be further investigation.vi 5. When did NRC and NPR come into scene? ➢ In 2003 Atal Bihari Bajpayee’s government brought an amendment in the citizenship law of 1955. This change was implemented through article 14. A. This clause 1 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e mentions an all India NRC for the first time. Based on this clause The Citizenship (Registration of Citizens and Issues of National Identity Card) Rules, 2003 were framed. They contain detailed description of NRC and NPR. (It may be mentioned in this context that to pass an Act the consent of the Parliament is necessary. But the rules under an Act can be made by the government without reference to Parliament and such rules are almost never discussed in Parliament) 6.What is CAA and CAB? ➢ They both are the same thing. Once a law is drafted and placed before the Parliament it is called a Bill. Once a Bill is passed in Parliament and gets the consent of the President of India it becomes an Act. CAB was passed by both houses of Parliament in 2019 and with the consent of the President became CAA. CAB was also proposed in 2016 but it did not get passed in Rajya Sabha and it was referred to a Joint Parliamentary Committee (JPC) for scrutiny. That committee placed a report in January 2019. The same bill was placed in parliament again in 2019 and passed. CAB therefore became CAA. This time it was not referred to any committee. 7. What does CAA say? ➢ It says that Hindus, Buddhists, Jains, Sikhs, Parsees and Christians who have come from Bangladesh, Pakistan and Afghanistan on or before 31/12/2013 because of religious persecution or in fear of religious persecution will not be considered to be illegal immigrantsvii. If they have stayed in India for 5 years or more and if they qualify according to the third schedule of our constitution then they will be declared citizens of India through the principle of ‘naturalisation’.viii (In India people can be citizens through the following means: by birth, by inheritance, by naturalisation or by registration). 8. But the government is saying that they have not thought anything yet about NRC and NRC will not be implemented now? The government is also saying that CAA is not related to NRC. ➢ There is only one answer to the first question, the government is lying. In answer to question 4 we have already said that clause 3(4) of Citizenship (Registration of Citizens and Issue of National Identity Card) Rules, 2003 states that in order to create NRC the Central Government had ordered to prepare NPR. Then again on 31 July 2019 through an Extraordinary Gazette Notification the government has announced that between April 2020 and September 2020 NPR will be prepared in the whole country (except Assam). The recently published NPR Manual of 2020, repeats the same.ix According to law NPR is the first step to NRC. This means that once NPR starts, NRC has started. And the best proof is what the Home Minister himself said on the floor of the Parliament “accept that NRC is coming to the whole country”.x 2 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e ➢ The answer to the second question is also that the government is lying. Previously all the important ministers at the centre had connected the two in their statements. Just search – who is linking Citizenship Act to NRC? Here are five times Amit Shah did so (http://scroll.in/article/947436/who-is-linking-citizenship-act-to-nrc-here-are-five- times-amit-shah-did-so) and in West Bengal everyone knows that the BJP leaders are going from door to door telling the Hindus “don’t worry. If your name is left out of NRC we will include it through CAA”. 9. Why would a name be excluded from the NRC? ➢ This needs some explanation. We have already said that NRC is the register of the names and other information regarding the citizens. 2003 rules state that NPR will be constructed first. All the 12 data required (as mentioned above in answer to question 4) together with any other information that the government may require will have to be provided. Subsequently in the course of constructing the NRC the information will be verified and then only names will be included in NRC. ➢ 12 details have to be provided as mentioned in answer to question 4 above. NRC has never been constructed before so the last three of the twelve details that have been sought are not available with anyone. These are the main proof of citizenship under NRC. Of the remaining nine almost all are available with Aadhar (voter card also contains some of the information). But the government has said time and again that neither the Aadhar card nor the voter card are proof of citizenship. ➢ A number of leaders are saying that NPR will record citizenship through aadhar card and voter card. Then how can one be excluded from NRC? This is a complete misconception. The NPR manual of 2020 clearly states that if one records one’s nationality as Indian in NPR it does not make one an Indian. NPR will record whatever nationality one demands. But this will not make one an Indian citizen.xi In other words, in spite of NPR one will have to separately prove one’s nationality to be enlisted in the NRC. NPR is being created in order to determine what evidence will be required to prove citizenship. 10. How will one prove that one is an Indian citizen? ➢ This is rather complicated. Article 5 to 8 of our constitution state who the citizens of India are. Of these Art. 5 and 6 are particularly important. o 5A: if a permanent resident of India was born here the person shall be a citizen of India o 5B: if either of the parents of a permanent resident of India was born here the person shall be a citizen of India. o 5C: those who were resident in India for at least 5 years prior to the adoption of the constitution shall be citizens of India. o 6: if a person resident in the areas included in Pakistan (currently Pakistan and Bangladesh) came to India by 19th July, 1948 and if that person or any of the parents or grandparents of the person were born in undivided India then the person is a citizen. o 6C: if a person came to India after 19th July 1948 and applied for and was granted citizenship by the GOI before the adoption of the constitution, following all rules the person shall be deemed a citizen.(Obviously those entering the country after 3 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e adoption of the constitution shall be granted citizenship according to the constitution.) o Our constitution was adopted on 26th January, 1950 and the Citizenship Act was passed in 1955. Hence, according to the constitution and the citizenship Act of 1955 those born in India after 26th January 1950 shall be citizens of this country. o The congress government under Rajiv Gandhi amended the Act in 1986. By this Act, either of the parents of a person born in India after 1st July 1957 must be a citizen for the person to be deemed a citizen. o Further amended by the BJP government under Bajpai in 2003. Not only must one of the parents be a citizen but the other must not be an illegal immigrant. o All these changes have been integrated into clause 3 of the Citizenship Act, amended in 2003, which summarises all the conditions of citizenship. Those born in India between 26th January, 1950 and 1st July, 1987 are citizens. Those born in India between 1st July, 1987 and 3rd December, 2004 are citizens if either of their parents is a citizen of the country. For those born in India from 3rd December, 1950 till date, either of their parents has to be a citizen and the other parent must not be an illegal immigrant for the person to be a citizen of India.xii 11. This seems to be a very complicated issue? ➢ True. Because no one tried to draw up the NRC before, people do not have the requisite documents. If now someone born between 1987 and 2003 has to register in NRC then it is not sufficient for that person to prove that one was born in India; in addition one must prove that one of the parents, at least was a valid citizen. If one was born after 2003, then, in addition, one must prove that the parent who is not a citizen was not an illegal migrant. That is one must prove one’s citizenship through a process that involves proof of the citizenship of the parents. I am saying this because it is practically impossible for an average person to get permanent residency visa in India. Only foreigners with high net worth (investing INR 10 Cr in 18 months or 25 Cr in 36 months can easily avail of this facility). 12. To prove citizenship what documents will I have to show? ➢ GOI has not as yet stated what documents will be necessary. But the government has performed the exercise in Assam for the last few years at a cost of more than INR 1200Cr. GOI has prepared a model set for Assam. It is likely that there will be differences between this set and the all India model, but one can get some idea from the Assam model. ➢ The Assam model said that in order to be registered in the NRC two documents would have to be provided. Two separate lists were drawn up for this purpose. o The first document must be one from the 14 documents under List A. In the case of Assam these documents had to be dated to before 24th March, 1971. PM Rajiv Gandhi had signed the Assam Accord in 1985, which provided for the exclusion of immigrants after 24th March, 1971 from citizenship, in order, it was said, to preserve the cultural identity of the state. One has to show one of these 14 documents in one’s own name or the name of one’s ancestors. ➢ List A 4 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e 1. 1951 NRC 2. Voters’ lists before 1971 3. Land ownership or tenancy certificate. 4. Certificate of citizenship 5. Certificate of permanent residency 6. Certificate of enrollmet as refugee 7. Passport 8. LIC certificate 9. License or any certificate granted by the government 10. Certificate of government employment 11. Bank or Post Office account 12. Birth certificate 13. Board or university certificate 14. Court document Apart from these 14 documents two other documents may be permissible: (a) certificate from the Gram Panchayat or Circle Officer authenticating change of address of females after marriage; (b) ration card dating to before 24th March 1971. But these two documents would be permissible only on condition that these were vouched for by a person who had provided at least one document in List A. ➢ List B: if one’s name is not verified by list A but someone belonging to one’s previous generations is verified by List A document, then the person will have to prove the relationship with the listed person with documents in List B 1. Birth certificate 2. Document of birth 3. Board or university certificate 4. Bank, LIC or Post Office savings proof. 5. Panchayat or Circle Office certificate (in case of married women) 6. Voters’ list 7. Ration card 8. Other legally acceptable documentsxiii In 1951 detailed NRC exercise was carried out only in Assam so the question of document 1 in List A does not arise. Item 6 is also unlikely to be there as the RSS-BJP has been alleging that in West Bengal the CPIM and the TMC have issued voter ID to infiltrators from Bangladesh to increase their vote banks. We are repeatedly being told that voter ID is not proof of citizenship. If one cannot prove one’s citizenship then it will be assumed that the voter ID has been falsely obtained.xiv If someone can show the name of a grandparent in an old voters’ list (it must be as old as 1971, at least, to avoid the presence of infiltrators) then one must produce some document under List B to show that the listed person is really the grand parent. 13. What if the GOI introduces some simpler rules? ➢ How can the government do this? This would then legalise all infiltrators. Even those not hailing from Pakistan, Bangladesh and Afghanistan can forge evidence of birth and residence to get citizenship. Those who claim that the 5 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e reason behind the exercise is to ensure security would scarce do such a thing. Besides there is a stringent Citizenship Act in force. The government cannot frame rules violating that Act. So whichever way you look at it will be impossible to be listed in NRC without papers like realty deed, proof of permanent residence of parents or grandparents, post office or bank pass book or school, college certificates. 14. But most people do not have such documents! ➢ True. Irrespective of race and religion most people will face tremendous difficulty. The poor will be most challenged. The lower castes, tribes and women will face the greatest hurdles. Most people have no immovable property. Add to this the fact that more than 25% of the population is illiterate. Among the youth of the country, less than 6% enter colleges. The concept of private property is still non-existent among much of the tribal population. They have no conception of documents and deeds. Where they do exist they would not be older than 20-25 years. Such would not qualify. Most have no savings accounts. ➢ True that those born before 1987 will not have to provide proof of parents citizenship, but how many poor people born before 1987 obtained birth certificates? Even the rural rich rarely obtained such certificates. ➢ Females will face the greatest difficulty. Females usually change residence after marriage. How will they prove this? How will elderly females procure evidence of residence change? In Assam the authorities demanded village Panchayat certificates to this effect. Leave alone the question of elderly, how many of the young wives have ever obtained such certificates? Countless people will suffer the indignity of being denied citizenship. In the attempt to procure proof of citizenship the daily wage labourers, who in any case live on the edge, will lose many workdays as they run around. 15. What will happen if one is not listed in the NRC? ➢ If one is not listed in the NRC it means that one is not a citizen of India. All the rights that one enjoyed will be abrogated. The person will lose one’s dwelling, one’s job, the right to vote, ration card, virtually everything. One will be denied all rights. ➢ In this situation one will have to appeal to the Foreigner’s Tribunal for restitution of rights. These Tribunals have quasi-judicial status. The members of such Tribunals need not have any legal training. In many places in Assam bureaucrats performed this function. Hearings are also not public. In most cases there are no legally trained public prosecutors, which is essential for proper judgement.xv Here their cases will be judged. If their name is not cleared for inclusion at this stage, they will be given the opportunity to adduce further documents to substantiate their claim to citizenship. If the Tribunal is still not satisfied, they will be sent to detention camps. Those who do not appeal will be taken to detention camps. (Those interested may search the net for information regarding the nature of such camps; how many people have died in these camps; the nature of detention camps in Nazi Germany; etc.) 6 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e 16. How many people have been excluded from the NRC in Assam? ➢ Over 19 lakh people have been excluded from the NRC in Assam. They are now being taken away to detention camps. Some of these cases have come to light in newspapers and from these we get an inkling of the terrifying nature of the problem. One such case was that of daily wage labourer Sarojini Hajong, which was published in Anandabazar Patrika. She was working as a daily labourer employed in the construction of a detention camp. Grotesquely, her name did not appear in the NRC. Effectively she had built her own jail. Newspapers also reported the deaths of Dulal Das and Falu Pal in detention camps. After their deaths their families refused to accept their bodies. The paradox was that the names of all their family members appeared in the NRC. Their families said that if they were indeed infiltrators their bodies should be sent to Bangladesh. ➢ One may mention an interesting piece of information in this context. According to official statistics of GOI the population growth rate of Assam between 1901 and 1971 was greater than the growth rate of India. So one may assume that there was a lot of infiltration into Assam during this period. But by the Assam Accord all who have entered Assam by 24th March, 1971 are deemed legal citizens, of course subject to the satisfaction of the authorities (which is fraught with all sorts of difficulties as pointed out already). The same source shows that between 1971 and 2011 the rate of growth of population in Assam was less than the all India average. This was even less than that of the north eastern states together. So we can assume that during this period there was insignificant migration.xvi In all probability the movement against non-Assamese was so intense in this period that it deterred immigration. One can gauge the intensity and spread of the movement by a cursory surfing of the net. ➢ Then who are these 19 lakh people? Without doubt these are the people who are legal inhabitants of Assam, according to the terms of the accord, but have not been able to provide documents deemed to be proof of residence prior to 1971.xvii Most of these people are likely to be economically marginal, women and tribals, for reasons already stated. 17. But what about the repeated assurances from BJP-RSS leaders that the Hindus who have been excluded will be included through CAA? ➢ In that case even people from Myanmar may be regularised through fraudulent documents. The matter is not that simple. First of all we have to understand that the government has declared that the 2019 CAA is based on 2016 CAB.xviii A look at the two will convince anyone that there is no mentionable difference. Hence, one can presume that the answers given to questions that are contained in the 438 page report of the JPC (that was constituted to go into CAB, 2016) tabled in January, 2019 apply to CAA, 2019. Let us see what this report has to say on this issue. 7 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e ➢ The committee enquired how the veracity of claims of people who said or would say in future that they had migrated to India from Pakistan, Bangladesh or Pakistan for fear of religious persecution would be verified. o In answer the IB stated that in the case of those who had migrated decades ago, particularly immediately after partition, claimants did not have requisite papers and, hence, it would be difficult to verify their claims. In the case of these old applicants it was recorded that further enquiries would be made by the IB and local thanas as to whether they have been involved in any illegal activities.xix Apart from these, all others are new applicants o In the case of new applicants who claimed religious persecution in their country of origin, the claims would be properly investigated through due process before grant of citizenship. The IB also said that towards this end the Home Ministry was drawing up a Standard Operating Procedure (SOP) for verification of such claims. In support of such claims documents would be demanded and the person would be investigated through a detailed investigation procedure. This investigation would be done either by the Foreigners Regional Registration Office (FRRO) or the Foreigners Registration Office (FRO). If the applicant is unable to prove that one had entered the country before 31st December, 2014, that one belongs to one of the six mentioned religions, that one was facing religious persecution or feared facing such persecution and that one has migrated from one of the three mentioned countries to either FRRO or FRO then the case would be referred to the quasi-legal Foreigners Tribunal and this tribunal would then examine all the claims under the Foreigners (Tribunal) Order, 1968.xx ➢ Then the Committee enquired how many people would be able to avail of citizenship rights through this Bill. That is, how many people have so far applied for citizenship claiming religious persecution or fear of persecution? The IB answered that 31,313 people had applied on these grounds (25,447 Hindus, 5807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis).xxi ➢ The Committee then enquired what would happen to those who had come from the mentioned three countries because of religious persecution or fearing the same but had not informed the same or had not applied for citizenship on the basis of the same? In reply the IB categorically stated that “they would have to prove that they came to India because of religious persecution, if they had not informed the government at the time of their arrival”. The IB further said that in the case of such claims lodged now or in future, the claims would be investigated under the aegis of Research and Analysis Wing (RAW) and only then would any decision be taken.xxii 18. Does this mean, then, that to get citizenship through the CAA, one would have to prove that one had come to India before 31st December 2014, that one belongs to one of the six mentioned religions, that one was facing religious persecution or feared facing such persecution and that one has migrated from one of the three mentioned countries, and IB, RAW and the police would verify these claims? 8 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e ➢ Yes. Even the 31,313 people who had previously applied would also be scrutinised by these agencies to verify whether they had been involved in any illegal activities during their stay here.xxiii After this when the committee asked RAW for their comments on this, it said that their principle concern was to ensure that enemies of the country did not acquire citizenship taking advantage of CAAxxiv. 19. Then it means that it is virtually impossible to acquire citizenship using the provisions of CAA? ➢ That is correct. In order to get citizenship under CAA, one will first have to apply stating that one had come to India prior to 31-12-2014, on account of religious persecution or fear of the same in Pakistan, Bangladesh or Afghanistan; and that one belonged to Hindu, Sikh, Jain, Parsee or Christian community. Then one will have to prove the claims with documentary evidence before FRO or FRRO. If the FRO or the FRRO is not satisfied then one will have to substantiate one’s claim before the Foreigners’ Tribunal. During this entire period one will remain under the surveillance of RAW and police. ➢ As long as an applicant is unable to establish one’s claim, one will not enjoy any rights. Property, voter card, ration card, aadhar card will be confiscated by the government and will be restored only if and when the claims are duly accepted. That is why a member of the JPC commented “nothing has changed for persons who do not have documents. He will be back in the Foreigner’s Tribunal; the only difference is that this time he has to prove to be a Bangladeshi National”xxv. 20. Even then if the BJP leaders fraudulently incorporate names of Hindus into NRC using CAA? ➢ This means that the names of Muslims excluded from the NRC will not, in any case be included. This is a clear violation of the principle secularism that is a cornerstone of the nation that the nationalists envisaged and is also against the fundamental character of the nation as stated in the constitution. ➢ But suppose that the BJP does include the excluded Hindus fraudulently using the CAA in that case it is possible for intelligence agencies opposed to India in any of the three named countries to send agents disguised as persecuted Hindus. As the RAW stated to the JPC “that the agencies who are inimical to us should not have a legal framework within which they can exploit our situation and infiltrate their own people into our own country”, this situation is unlikely to be accepted by RAW. (See endnote xxiii, also see annexure 1) ➢ This implies two things will happen. First, RAW and other investigative agencies will always keep a watch on all who have applied for inclusion in NRC through CAA. There will be continuous surveillance of where the person is going, who one is meeting. On the basis of this the agencies will report to BJP-RSS leaders who are not suspicious. The BJP-RSS will then make arrangements for enrolling such persons fraudulently into the NRC via the CAA. But in any case as long as the BJP-RSS are not satisfied such persons shall not enjoy rights. 9 | Sho mbuk’ s Mo de rn Co ac hing Ce ntr e ➢ All these imply that there will be continuous surveillance mechanism that can be used by agencies like RAW for keeping tags on the population. Besides those seeking to get enrolled in NRC through CAA will have to be subservient to BJP leaders. It is also possible that fraudulent implementation of CAA will actually lead to the kind of infiltration that RAW expressed concern about. After all there is no reason to believe that BJP leaders, just like leaders of other political parties, are above corruption. The close connection between the political party in power and the surveillance machinery is something that is not common to democracies but to fascist regimes. 21. But this smacks of the advent of fascism! ➢ Yes this is clearly fascist in tendency. First Muslims are targeted. Then the Hindus excluded are constantly under threat of intelligence agencies and BJP-RSS. Because of the close nexus this establishes between the party, the intelligence agencies/police and the Tribunals those who did not follow the party leaders suffered immensely in Assam. (For details refer to Annexure 2) 22. Then the CAA is dangerous for Hindus also? ➢ Yes. It is indeed dangerous when read with NRC. To be enrolled in NRC through CAA one will have to provide documentary evidence to prove: (i) that the person has come to India because of religious persecution or because of fear of persecution; (ii) that the person had entered India before 31/12/2014 (iii) that the person had come from Pakistan, Bangladesh or Afghanistan. (iv) that the person belongs to Hindu, Buddhist, Sikh, Jain, Parsee or Christian communities. (v) grant of citizenship does not violate the provisions of the third schedule of the Citizenship Act, 1955xxvi (vi) has resided in India for five years. Those who cannot establish these will not be eligible for citizenship through CAA ➢ If in spite of these provisions the BJP leaders say that they will fraudulently grant citizenship to all Hindus using CAA then, as we have explained, one will have a fascist regime in place of the democracy we now have. So if the Hindus feel assured by these promises, they should know at what cost they are obtaining this illegal protection. It is at the cost of agreeing to live without freedom under a fascist state. 23. Is CAA, 2019 unconstitutional? ➢ It appears to be so. It clearly violates Art. 14 of the constitution, which states “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India” (emphasis added). It may be clarified that this does not refer only to citizens as does the immediately succeeding Art. 15 that clearly refers to ‘citizens’. The term ‘persons’ has been interpreted by the courts to refer to even foreigners resident in India. But CAA refers to only five religions. It omits many other religions, including Islam. Now suppose a Hindu and a Muslim are excluded from the NRC. They are both equally, foreigners. The Hindu can apply for citizenship on the ground of religious persecution under CAA. The 10 | Sho mbuk’ s Mo d ern Co ac hing C ent re