Awaiting the final draft

The final National Register of Citizens (NRC) list for Assam is, at last, being published on August 31, 2019, after a few extensions amidst all concerns raised by the ruling BJP and various groups in the last few days. Even extensive media reports have been across for more than a month on the unique cases of exclusion from the final draft of NRC published on July 30, 2018 and the Additional Exclusion Draft list (AEDL) on June 26, 2019, that excluded the names of 40.7 lakh and 1.02 lakh applicants out of the total 3.29 crore applicants respectively. The foreign media has also reported the last few weeks on the whole NRC process, albeit harshly, and often missed the actual picture on the ground.

The whole effort of NRC to arrive at a correct list of citizens in Assam as envisaged under the Assam accord of 1985, was an excruciating exercise of more than four years for both the administration and public, and lakhs of people have cooperated in the exercise in a peaceful manner despite the hardships and tribulations. Since February 2015, this process has been undertaken under the direct monitoring of the Supreme Court of India (SC) through the Assam NRC Coordinator (ANC) who carried the job through a mix of administrative steps and software supported ecosystem. The SC gave the ANC its full support relying on his sealed enveloped reports on the process and timelines. Even when the Union government and the state government of Assam both pleaded with the SC for sample re-verification of 20 per cent of names in the border districts fearing wrongful exclusions and inclusions, the SC rejected the plea and referred to the ANC's confirmation to the court that 27 per cent of the names have been re-verified in the process of claims and objections. Pertinently, on August 28, 2018, the SC had directed for sample re-verification of a least 10 per cent of names that appeared on the final draft NRC list on July 30, 2018. Now, the final list will show how many people have actually made it after undertaking the claims and objections process.

Needless to say, NRC was envisaged in the right spirit in 1985 around the Assam accord signing but the delay in implementing after 30 years has had its own share of issues. The cut-off date for being a citizen being March 24, 1971, another 15 years was in bridge and today after 45 years, a listing will happen that will decide who remains a citizen of the country.

45 years or even 30 years is too long a time for such a serious issue to linger on and Assam also saw a chief minister who as student-leader raised the issue, then signed the Assam accord and finally became incompetent in implanting the Accord, including the NRC. In the process, a lot of damage was done to the state and also to the citizens and the illegal migrants alike. Needless to mention, it will not be very easy to deal with the whole situation and with no plan still to deal with those left out in the final NRC list, the matter will persist for many more years to come.

Clearly, the exercise, despite the good and hard-working intent, has raised doubts in many minds regarding the veracity of the enlistment. Many organisations have expressed their apprehensions about both wrongful exclusions and inclusions. The Sachetan Nagrik Manch (SNM) had demanded the extension of the deadline citing large pendency and had collected 27 lakh signatures from across the state and sent it to the President of India. The Citizenship Rights Protection Coordination Committee (CRPCC) had demanded the resolution of D-voters issues before the final list. Even the AASU and the original petitioner, NGO Assam Public Works (APW) had expressed their concerns at regular intervals through the process about a correct list.

Besides doubts about the list still having illegal migrants names, serious doubt of victimisation of certain communities have also been alleged. Several organisations mostly from the Hindu Bengalis and Muslims have protested against alleged large-scale submission of false objections which were not substantiated during subsequent hearing proceedings. A few glaring cases that came on the media have touched every section of society.

The case of Md. Sanaullah being declared a foreigner in May 2019 by Boko Foreigner Tribunal court after serving the Indian Army for 30 years and also Assam Police, the case of Pijush Choudhury who served the Income Tax department for more than 30 years as an officer and then he and his one son's name is missing while other son and wife's name is there, the case of 76-year-old Sunirmal Bagchi whose name figured in the draft list but got cancelled later despite his birth certificate of 1943 from Silchar Municipality are serious omissions.

Likewise, Gorkha organisation have found out prominent omissions of some freedom fighters/martyrs/award winners/ex-serviceman belonging to the community, prominent among them being Nirmala Devi (sister-in-law of Baijyanti Devi, a Gorkha girl, the first woman martyr during the Assam agitation), family members of Chabilal Upadhyay (freedom fighter), etc. Such cases have been taken as a rallying point by various organisations to showcase the issue of victimisation of genuine persons.

A few organisations like AAMSU had alleged that publication of AEDL about a month before the original deadline for final NRC on July 31, 2019, had reduced the time for filing claims and had cited para 6(1)(b) of the schedule to Rule 4A of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003.

It is prudent to have a correct NRC list as it has ramifications that cut many corners. It involves public trust and at the same time having a country free of illegal residents. Assam needs to move forward towards progress and development and maintain its pluralistic culture and harmony. Of course, those left out will have to seek recourse and take steps via Foreigners Tribunals and then the courts. But the imperative of a correct NRC itself is a call on the whole nation and its various arms of governance; after all, judiciary and executive have been involved sincerely to conclude the exercise diligently.

(The author is Director of Jookto which works in grassroots in North-east India and a former country head of General Dynamics. The views expressed are strictly personal)