The National Register of Citizens (NRC) is a register that contains the names of all Indian citizens. The NRC is intended to identify and list genuine Indian citizens, differentiating them from illegal immigrants. ‘Illegal immigrants' can be defined as those people who enter the territory of India without valid passports and documents or stay longer than they are allowed. Its purpose is to identify and deport illegal immigrants, particularly from Bangladesh.
The NRC is based on the Citizenship Act of 1955 and the Citizenship Rules of 2003, which provide for compulsory registration of every citizen of India and the issuance of a National Identity Card. In Assam, the NRC is based on the cut-off date of March 24, 1971, including the names of those who were in the 1951 NRC or found in any electoral roll up to that date. Those who had applied to be a part of NRC can check the status here.
Implementation in Assam
Currently, NRC is effective only in the state of Assam. The government aims to implement it nationwide.
Initial NRC (1951): The first NRC in Assam was created in 1951, based on the Census of 1951. It is collectively known as Legacy Data.
Updating the NRC: The Supreme Court of India ordered the updating of the NRC in Assam, which began in 2013 and ended with the final list published on August 31, 2019. Out of 33 million applicants, about 1.9 million people were left out of the final NRC list.
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Impact of the NRC
Legal and Administrative Challenges:
- Individuals excluded from the NRC need to prove their citizenship in special Foreigners Tribunals.
- Those who fail to prove their citizenship could be declared illegal immigrants. They would face detention (imprisonment of a short period) or deportation_(making immigrants leave the country usually done to those who don't have the legal right to remain there)_. But their implementation is difficult.
Humanitarian Concerns:
- The NRC process can lead to significant stress and hardship for those unable to produce the necessary documents, particularly for marginalized communities.
- There are concerns about the potential for large numbers of stateless people if individuals cannot prove their citizenship.
Social and Political Impact:
- The NRC has led to significant political debate and social unrest. Supporters argue it is necessary for national security and to address illegal immigration.
- Critics state that it can lead to discrimination, social exclusion (excluding people from participating in the economic, social, political and cultural life), and human rights violations, particularly affecting vulnerable groups.
NRC and the Citizenship Amendment Act (CAA)
Intersection with CAA:
The CAA and NRC together have raised concerns. The CAA provides a pathway to citizenship for non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan, but excludes Muslims.
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Critics argue that combined with the NRC, the CAA could lead to a situation where non-Muslim individuals excluded from the NRC might gain citizenship through the CAA, while Muslims might face statelessness.
Public Protests:
The potential combination of CAA and NRC has sparked widespread protests and opposition across India. Protesters fear it could lead to religious discrimination and undermine the secular fabric of the country.
While the NRC aims to address illegal immigration and ensure national security, its implementation has raised significant legal, social, and humanitarian concerns. In 2019, the final NRC list excluded nearly 2 million people, leaving them effectively stateless. Many genuine Indian citizens, especially from marginalized groups like ethnic Bengalis, women, and the poor, were excluded due to difficulties in providing sufficient documentation.
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FAQs
1. Who needs to be included in the NRC?
Every Indian citizen must be included in the NRC. This involves providing documentation to prove citizenship status.
2. What documents are required to prove citizenship for the NRC?
Documents may include birth certificates, land records, school certificates, voter ID cards, and other legal documents that establish residence and citizenship.
3. What happens if someone is not included in the NRC?
Individuals not included in the NRC may be required to prove their citizenship in foreign tribunals. Failure to prove citizenship can result in being declared an illegal immigrant and facing potential detention or deportation.
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4. How can individuals prepare for the NRC process?
Individuals can prepare by gathering and securely storing all relevant documents that prove their citizenship, such as birth certificates, land records, and educational certificates.
5. What is the role of foreign tribunals in the NRC process?
Foreign tribunals are quasi-judicial bodies(it is a body which is not a judicial body but has the power to apply law the way a judge does it; example- National Human Rights Commission) that decide on the citizenship status of individuals excluded from the NRC. Those not listed in the NRC must present their case and documents before these tribunals.
The NRC is a complex and sensitive issue with far-reaching implications for citizenship and human rights in India. Understanding its purpose, process, and the challenges it poses is crucial for those affected by or interested in the implementation of the NRC.
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REFERENCES:
- National Register of Citizens (NRC), Cachar District
- Citizenship Act, 1955
- Citizenship Rules, 2003
- Why is India's Citizenship Amendment Act so controversial?
- Assam NRC: Who is an Indian citizen? How is it defined?
Written by Anushka Patel
Anushka Patel is a second-year law student at Chanakya National Law University. She is a dedicated student who is passionate about raising public awareness on legal matters
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Further Reading
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