Context:
The Supreme Court has declared Md Rahim Ali, a resident of Assam, a citizen of India, overturning a decision made by the state’s Foreigners’ Tribunal (FT). The FT had earlier declared Ali a foreigner due to minor discrepancies in spellings and dates within his documents, accusing him of entering India illegally on or after the cut-off date of March 25, 1971.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Foreigners’ Tribunals (FTs)
- Citizenship (Amendment) Act (CAA) 2019
- What is the National Register of Citizens (NRC)?
Foreigners’ Tribunals (FTs)
Overview:
- Quasi-judicial bodies established under the Foreigners’ Act 1946 and the Foreigners’ Tribunal Order 1964.
- Tasked with determining the citizenship status of individuals accused of being foreigners.
Legal Framework:
- The Foreigners’ Act 1946 predates the Indian Constitution and sets the basis for FTs.
- Established in 1964 through an executive order of the Home Ministry.
Criticism of Foreigners’ Tribunals in Assam
Issues Highlighted:
- Doubtful Voters: About 3 lakh people were declared Doubtful Voters in Assam in 1997 without proper inquiry or notice, leading to their exclusion from the Assam National Register of Citizens (NRC).
- Lack of Grounds in Notices: Notices issued by FTs often fail to specify the main grounds for declaring individuals as foreigners, contrary to the mandates of the Foreigners’ Tribunal Order 1964.
- Burden of Proof: The burden of proof is placed on the accused under the Foreigners Act 1946, forcing individuals to defend themselves without prior knowledge of the charges.
- Recent SC Judgement: A recent Supreme Court judgement is expected to positively impact pending FT cases by ensuring fair proceedings.
How the SC’s Verdict Humanised Citizenship Law in India
Key Rulings:
- Burden of Proof: The Supreme Court ruled that the burden of proof rests with the state to provide material on which allegations of being a foreigner are based, aligning with principles of natural justice.
- Minor Discrepancies: Minor discrepancies in documents cannot result in the loss of citizenship, providing relief to individuals concerned about errors in documentation amidst the Citizenship (Amendment) Act (CAA) 2019 and proposals for a nationwide NRC.
Citizenship (Amendment) Act (CAA) 2019
Overview:
- Objective: Amends the Citizenship Act 1955 to grant Indian citizenship to Hindu, Sikh, Parsi, Buddhist, Jain, and Christian immigrants from Pakistan, Afghanistan, and Bangladesh, excluding Muslims, who arrived in India before December 31, 2014.
- Fast Track Citizenship: Eligible immigrants can obtain citizenship in 5 years instead of the previous 11 years.
- OCI Cancellation: Provides for cancellation of Overseas Citizen of India (OCI) registration if the holder violates any provisions of the Citizenship Act or other laws.
Eligibility Criteria:
- Persecution Basis: Applies to individuals forced to seek shelter in India due to religious persecution.
- Cut-off Date: Applicants must have entered India on or before December 31, 2014.
- Exclusions: Not applicable to areas under the Constitution’s sixth schedule (Assam, Meghalaya, Tripura, Mizoram) or states with an inner-line permit regime (Arunachal Pradesh, Nagaland, Mizoram).
What is the National Register of Citizens (NRC)?
- The National Register of Citizens (NRC) is a register created after the Census of 1951 was conducted in respect of each village, showing the houses or holdings in serial order and indicating against each house or holding the number and names of people staying therein.
- These registers covered every individual enumerated during the Census of 1951 and were maintained in the offices of Deputy Commissioners and Sub Divisional Officers in accordance with directives issued by the Government of India in 1951.
- Later these registers were transferred to the Police in the early 1960s.
- This NRC was prepared under a directive from the Ministry of Home Affairs (MHA).
- At the moment, only Assam has such a register, but additional states may eventually be included.
- The Register of Indigenous Inhabitants, a similar database, is already being created in Nagaland.
Update:
The NRC will be updated as per the provisions of The Citizenship Act, 1955 and The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
NRC in Assam
- In Assam, the NRC essentially serves as a registry of Indian residents residing in the region. The goal of the citizens’ registry is to catalogue all foreign nationals living in the Bangladesh-bordering state.
- To identify Indian nationals in Assam amid “unabated” migration from East Pakistan (now Bangladesh), the action was taken.
Eligibility for inclusion in updated NRC
- Persons whose names appear in NRC, 1951.
- Persons whose names appear in the Electoral Rolls up to 24th March (midnight), 1971.
- Descendants of the above persons.
- Persons who came to Assam from Bangladesh between 1st January 1966 and 25th March 1971 and registered themselves with the Foreigner Regional Registration Office (FRRO) and were declared by the Foreigner Tribunal as Indian citizens.
- All Indian Citizens including their children and descendants who have moved to Assam post 24th March 1971 would be eligible for inclusion in the updated NRC on adducing satisfactory proof of residence in any part of the country (outside Assam) as of 24th March 1971.
- Persons who can provide any of the admissible documents issued up to 24th March midnight, 1971.
-Source: The Hindu
