Assam - The NRC Polarisation

What is the issue?

A draft of the updated National Register of Citizens (NRC) in Assam was released recently, leaving out 40 lakh of 3.3 crore applicants.
In this context, understanding India’s citizenship laws and of Assam’s unique case is critical to process the significance of NRC.

What are India’s citizenship laws?

Indian citizenship can be acquired in four ways – by birth, descent, registration or naturalisation.
Initially - A person domiciled in India, when the constitution was adopted (November 26, 1949) automatically becomes an Indian citizen.
In this context, a person was recognized to be domiciled in India if he/she (or his/her parents) was born in India or he/she has been a resident in India for more than 5 years before November 26, 1949.

Citizenship by Birth:

Initially - For those born in India after the Constitution came into effect, the Citizenship Act, 1955, grants citizenship by birth based on birth dates.
Accordingly, anyone born in India between November 26, 1949 and July 1, 1987 is a citizen by birth irrespective his/her parental nationality.
Other Amendments - Subsequent amendments rendered that anyone born between July 1, 1987 and December 3, 2004 is a citizen by birth if either of his parents was an Indian citizen at that time.
Further amendments rendered that those born on or after December 3, 2004 is a citizen by birth if both parents are citizens of India at the time or if one parent is a citizen and the other is not an illegal migrant.
Notably, illegal migrant is defined as a foreigner who entered India without valid documents, or stayed beyond the allowed period.

By Registration (Connections):

Citizenship by registration can be acquired by “Persons of Indian Origin” (PIO) who has lived in India for 7 years before applying.
This clause is also applicable for persons married to Indians who’ve resided in India for 7 years before application.
Further, any minor child can be registered as a citizen if the government is satisfied that there are special circumstances.

By Naturalisation (Foreigners):

Through naturalisation any foreigner without any connection with India can apply for Indian citizenship, provided he is not an illegal migrant.
For this, he should’ve stayed in India for 12 consecutive months preceding the date of application, and for 11 years out of the preceding the 14 years.

Grounds for Revoking Citizenship:

As India doesn’t allow dual citizenship, a person ceases to be a citizen if he/she voluntarily acquires the citizenship of another country.
Also, the acquired Indian citizenship of any non-PIO foreign national (through registration or naturalisation) is subject to cancellation in certain rare cases.

What is the migration story in Assam?

British Era - Assam witnessed a unique migration pattern since the British times, as it was merged with Bengal Presidency for administrative purpose.
From 1826 to 1947, the British continuously brought migrant workers to Assam for cheap labour in tea plantations.
Partition - After British rule, the Partition in 1947 brought a major bout of migrants from East Pakistan (now Bangladesh) to Assam.
After this, there continued to be a considerable flow of persecuted minorities (mostly Hindus) through the porous borders of Assam.
1971 War - Subsequently, the Bangladesh liberation war in 1971 also saw many migrants pouring into Assam, precipitating a crisis of sorts.
This eventually led to an agitation during 1979-85, led by the All Assam Student’s Union that saw a demographic threat to ethnic Assamese.
All this culminated in the 1985 Assam Accord signed by the then PM Rajiv Gandhi, which called for the deportation of illegal migrants.
Further - Regular and sustained migrant influx into India is said to have continued over time since the 1970s in hope of better economic opportunities.
It is only after the completion of border fencing and enhancement in border patrols in the last decade that this issue influx was curtailed.

What were the provisions of the Assam Accord?

Under the accord, unlike the rest of the country, Assam was allocated a different cut-off date for determining citizenship.
Accordingly, those who entered Assam (from Bangladesh) on or before January 1, 1966 were to be deemed citizens and granted full rights.
For those who entered after this date but before March 25, 1971, as per “Foreigners Tribunal Records” were to be granted citizenship after 10 years.
Notably, March 25, 1971 marks the beginning “Operation Searchlight”, in which the Pakistani army unleashed fury against pro-freedom Bengali masses.
This crackdown had triggered a massive rush of people to India as refugees, all of whom were supposed to be sent back after normalisation in Bangladesh.
But many Bangladeshi refugees have continued to live in India illegally, whom the accord has sought to send back to Bangladesh.

What was the ground for the NRC update exercise?

The 1^st NRC in Assam was updated in 1951 and recorded about 80 lakh citizens there, which also included some Bengalis who had opted to live in India.
As per a directive from the Supreme Court to identify and remove migrants from voters list, the exercise to update the NRC was commissioned in 2013.
The NRC exercise demanded that all current residents of Assam (3.3 crores) to submit official proof to assert their claim to citizenship.
For inclusion in NRC, applicants needed to prove that they — or their parents, grandparents etc — were Indian citizens on or before March 25, 1971.
Those who could not prove this, and their offspring, have been excluded from the recently released draft NRC – and it amounts to 40 lakh people.

What are the other migrant related issues concerning Assam?

What - In 2016, the Centre introduced a new Citizenship Act to ease the grant of citizenship to religious minorities from neighbouring countries.
Notably, this would’ve provided reprieve to mostly Hindus from Pakistan and Bangladesh, who’ve been staying in India as illegal migrants/refugees.
The proposed law sough to relax norms for granting citizenship to the said groups by decreasing the residency requirement from 11 years to six years.
Further, it has sought to take the number of years already spent in India into account, which is almost akin to granting them immediate citizenship.
Concerns - This was flagged by Assam activists as a move to dilute the intent of NRC, which seeks to plug borders completely after 1971.
Notably, the mood in Assam is against migrants irrespective of religion as they fear that the Assamee identity is being undermined.
The Bill is currently pending with a “Joint Parliamentary Committee” that is currently studying the ground reality in Assam.

What are the other complex citizenship questions in India?

In Arunachal Pradesh, a demand for citizenship to Chakmas has been pending for decades, which the central government is inclined to grant.
But the Arunachal state government has been blocking this initiative as it fears that the state’s political demography will suffer a change.
Similarly, in Kashmir, refugees from West Pakistan are allowed to vote in national elections but not in Assembly elections.

Source: Indian Express