https://www.sabrangindia.in/article/are-citizenship-determining-processes-assam-biased-against-underprivileged?fbclid=IwAR3EwxjvkF91yo9nyugYezIRrdbUGg9ckG68Y4BbD5n0M7cZXSi4tfjd-vk

Are citizenship determining processes in Assam biased against the
underprivileged?

Written by Deborah Grey |

Published on: July 6, 2019

Citizenship is a very touchy subject in the state of Assam, where the
‘insider vs outsider’ debate has often ended in violence and death. As the
National Register of Citizens (NRC) is being updated, residents hope it is
done in the original spirit of the Assam Accord. However, there are also
concerns about the exclusion of genuine Indian citizens, especially those
who lack privilege.

Image result for nrc

This is most evident in the document required for proving one’s Indian
citizenship. The NRC authority has categorised them into two lists, A and
B. According to the NRC website:

1. The first requirement is collection of ANY ONE of the following
documents of List A issued before midnight of 24th March, 1971 where name
of self or ancestor* appears (to prove residence in Assam up to midnight of
24th March, 1971).

(1) 1951 NRC OR
(2) Electoral Roll(s) up to 24th March 1971 (midnight) OR
(3) Land & Tenancy Records OR
(4) Citizenship Certificate OR
(5) Permanent Residential Certificate OR
(6) Refugee Registration Certificate OR
(7) Passport OR
(8) LIC OR
(9) Any Govt. issued License/Certificate OR
(10) Govt. Service/ Employment Certificate OR
(11) Bank/Post Office Accounts OR
(12) Birth Certificate OR
(13) Board/University Educational Certificate OR
(14) Court Records/Processes.
Here the NRC authority makes a special mention of two documents, viz (1)
Circle Officer/GP Secretary Certificate in respect of married women
migrating after marriage (can be of any year before or after 24th March
(midnight) 1971), and (2) Ration Card issued up to the midnight of 24th
March, 1971. According to the NRC authority, these can be adduced as
supporting documents. However, these two documents shall be accepted only
if accompanied by any one of the documents listed above.

2. The Second requirement arises if name in any of the documents of List A
is not of the applicant himself/herself but that of an ancestor, namely,
father or mother or grandfather or grandmother or great grandfather or
great grandmother (and so on) of the applicant. In such cases, the
applicant shall have to submit documents as in List B below to establish
relationship with such ancestor, i.e., father or mother or grandfather or
grandmother or great grandfather or great grandmother etc. whose name
appears in List A. Such documents shall have to be legally acceptable
document which clearly proves such relationship.

(1) Birth Certificate OR
(2) Land document OR
(3) Board/University Certificate OR
(4) Bank/LIC/Post Office records OR
(5) Circle Officer/GP Secretary Certificate in case of married women OR
(6) Electoral Roll OR
(7) Ration Card OR
(8) Any other legally acceptable document
Now, let us look at some of these documents individually.

Electoral Rolls: The NRC of 1951 was converted from the electoral rolls of
that year. Subsequent electoral rolls up to the midnight of March 24, 1971
are also acceptable. However, it is important to understand that electoral
rolls only reflect people who are adults. Also, while voting is a right,
it’s not a duty and no one can be compelled to enrol their names in the
voters list. Therefore, it is possible that many people’s names are missing
in these electoral rolls. Additionally, there have been several instances
of minor discrepancies in the spelling of names like in the case of Saken
Ali whose name was spelled with an extra ‘h’ led him to spend 5 years in a
detention camp! Similarly, errors made by Election Commission officials
while recording names like in the case of Saman Malik who was also sent to
a detention camp because EC officials recorded his name as a rather
improbable Syamlal Ali!

Land records: Only people who have enough financial resources to own land
or those who have inherited it, have any land records. Even tenancy records
can only belong to people who can afford to pay rent. This excludes
homeless people and those who live in makeshift shanties, or people who
constantly move from one place to another in search of work. These nomadic
populations and ever moving workers often do not have any documents of
residence. Additionally, the Brahma Committee, that was set up in February
2017 on instructions from Assam Chief Minister Sarbananda Sonowal to for
protection of land rights of indigenous people found that 90 percent of the
natives do not have proper land documents. Hari Shankar Brahma under whom
the committee was formed told Economic Times, “Ninety per cent of the
native people do not have myadi patta (permanent land settlement), they
have either eksonia patta (annual land settlement) or are occupying
government land.” The committee also discovered that many natives of
Tinsukia, Dhibrugarh and Majuli, whose forefathers had lost land during the
1950 earth quake also do not possess any land documents.

Passport: At one point of time having a passport was a status symbol. It
meant one was wealthy and fortunate enough to have the opportunity to
travel abroad. Which is why people from low income backgrounds rarely
applied for it. Even today, out of India’s total population of 1.3 billion
people, only about 65 million passport holders.

LIC document: Even today India is grossly underinsured and frankly,
insurance is a privilege as many people are excluded from it due to various
disqualifying factors including but not limited to health and wealth. Also,
not many people find it important or necessary to have insurance and people
can’t be forced to buy insurance. In fact, 988 million people do not have
life insurance even today! According to this piece in Bloomberg Quint,
“India had about 328 million life insurance policies in 2017, according to
data from the Handbook on Indian Insurance Statistics, 2016-17, of the
Insurance Regulatory and Development Authority of India (IRDAI). Assuming
each policy corresponds to a unique citizen, this accounts for 25 percent
of the population having life insurance cover, leaving 75 percent--or 988
million Indians--without cover.”

Bank Accounts: Even today, more that 190 million Indians do not have a bank
account. And despite PM Narendra Modi’s aggressive Jan Dhan scheme, more
than 50 percent of those accounts are also lying dormant. Ground realities
in India are far cry from what is showcased in glossy campaign
advertisements and financial inclusion is a challenge for those employed in
the informal sector, the daily wage earners who live from hand to mouth.
There is an over dependence on cash transactions as they are seen as
tangible, swift and more reliable by those not exposed to digital
technology and necessary education required to appreciate electronic
payments.

Birth Certificates: Now, it is important to note that the Registration of
Births and Deaths Act was enacted in 1969. This act made it compulsory to
register all births. According to UNICEF, “The current registration level
of births and deaths in the country is about 58% for births and 54% for
deaths. Each year about 42% of births go unregistered, which is about 10
million births.” Now if this is the case today, imagine what it was like
before 1971!

Board/University/Education certificate: Now, bear in mind that all legacy
documents have to be prior to the March 24, 1971 deadline. So if someone
wants to use their father or grandfather’s school leaving certificate, it
first means that they should have been enrolled in school, an opportunity
that was a privilege for low income families back in the day. Gauhati High
Court advocate Mrinmoy Dutta gives an example, “According to the 1961
census, there were 1, 41,948 matriculates in Assam.” This shows that only a
fraction of the state’s population was fortunate enough to have access to
formal education. It doesn’t matter if education is made free. The bigger
challenges are the absence of adequate teachers, the drop-out rate due to
poverty. Especially in case of girls the lack of toilets is a huge
deterrent. This often leads to many girls being forced to drop out when
they hit puberty.

Women have it worst: It is also noteworthy that girls from low income and
socially backward communities are often married off at an early age. They
rarely have birth certificates as most are born at home rather that in
hospitals or healthcare centers. Many are not sent to school and have no
education documents. In fact very often they have absolutely no documents,
which is why the Panchayat Secretary or Gaon Burah’s certificate was seen
as a lifeline. Though a long court battle ensured that the certificate was
considered valid, it was deemed a weak document and needed to be backed up
with other documents, leaving married women in the lurch! Read about this
70 year old woman who is rotting away in a detention camp for this very
reason.

So while the readers of this piece might have many or most of the above
documents and might consider the process flawless, it is the
underprivileged who pay a price… with their citizenship. It makes one
wonder if this is all a part of a larger plan to exclude the poor and
further marginalise them.
-- 
Peace Is Doable

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