If someone is declared as a foreigner in a foreign tribunal, he can approach the High Courts. The question is – What should be done to the people who have come to India and are not the citizens of India. Dear Readers, * NRC stands for National Register of Citizens. The fundamental rights mentioned in the article are available to all persons in India. EPW looks forward to your comments. Deepankar Basu and Debarshi Das, in their article “Assam’s Politics and the NRC” (EPW, 1 February 2020), have raised a few critical issues regarding the fundamental flaws in the National Register of Citizens (NRC) updating process in Assam and emphasised building an alternative narrative. The failure to specify a purpose or basis also shows that the classification does not satisfy the test of non-arbitrariness and thus amounts to an infringement upon the excluded minorities’ fundamental right to equality. Click here for summary statistics of EPW's rank among journals in India, Asia, and the world. He has a keen interest in human rights and has interned at Human Rights Law Network, Delhi. Significance of Bangladesh for India for NRC Essay point of view Assam’s NRC is likely to have an impact on India’s ties with Bangladesh. The first NRC was published after the census of 1951, Census of India. This in effect means that any person who has migrated to Assam in the last 47 years and has since been resident there does not meet the eligibility criteria. St Cross Building, Phone: +91-22-40638282   |   Fax: +91-22-24934515   |   Email: Editorial - [email protected]in  |  Subscription - [email protected]   |   Advertisement - [email protected]  Pragati Varghese v. Cyril George Vargheese. 3.Minorities in India are not minority groups in their home countries.there is a difference. It is a type of government document that mentions the names of all Indian citizens who are native to Assam. The updating process of NRC started in the year 2013 under the strict monitoring and supervision of the Supreme Court of India. In Assam’s case particularly, only those persons were eligible to register for the NRC whose names were on the 1951 NRC, on any voter roll up till 25 March, 1971, or who could prove they were descendants of persons of the above categories. It also aims at determining whether the citizens applying for their names in the NRC are the genuine citizens of Assam or not. It is the only state to have updated the NRC. It's a list containing the names of genuine Indian citizens. All Assam Students Union and other citizens of Assam claim that Bangladeshi migrants have robbed them of their rights and are involved in criminal activities taking place in the state. The aim of the Register is purported to be identification of illegal migrants who have made their way into Assam. Raunak Sood is a second year law student at Gujarat National Law University, India. The turbulence in Assam is further complicated by the Citizenship (Amendment) Bill, 2016. The National Register of Citizens (NRC), maintained by the Government of India, has all the important information needed to identify the Indian citizens of Assam. Brutality and false imprisonment – welcome to the UK! Your email address will not be published. This NRC is being updated in Assam and the ruling NDA government is planning to update the NRC across the country. also reflects a rule of customary international law. NRC Stands for National register of citizensihp in which data of indian citizens are organized to provide then with better facilitiies. If someone is declared a foreigner by the courts, he can be arrested at the detention center. India was one of the first nations to vote in favour of the UDHR in 1948. Its motive is to bring in legislation that will enable the government to identify infiltrators who have been living in India illegally. It also aims to determine whether the citizens applying for their names in the NRC are genuine citizens of Assam. In 2013, the NRC process started on a Supreme Court order. Should there be any strategy or it is ok to carry on. for summary statistics of EPW's rank among journals in India, Asia, and the world. 320-322, A to Z Industrial Estate, Ganpatrao Kadam Marg, Lower Parel, Mumbai, India 400 013 The classification of migrants brought about by the amendments to Section 2 and the Third Schedule, if passed, would violate Article 14 of the Constitution of India, which expressly prohibits discrimination between religious groups. 2. 3. Assam final NRC list was released on 31 August 2019. 1.NRC tries to regularise the illegal or undocumented immigrants as citizens.So the constitutional rights will not be available to them as technically their citizenship under question. Oxford OX1 3UL, © 2020 Oxford Human Rights Hub | Site by One, By Milei.vencel - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=19976666, Pakistan: Discriminatory rules preclude Afghan refugee children from attaining secondary education. Ltd. Appeal for Donations to the Corpus of Sameeksha Trust. Hi, I wrote the article and deem it fit to reply to your observations. The basic criteria for identification is that the applicant’s family members names should be present in the voter list as of 24 March 1971 or in the NRC prepared in 1951. The Citizenship (Amendment) Bill, 2016 also seeks to insert a proviso in clause (d) of the Third Schedule, which will reduce the aggregate period of residence or service of a Government in India required for the minority communities from Afghanistan, Pakistan and Bangladesh to attain citizenship by naturalisation to six years. OUR HOME MINISTER AMIT SHAH has proposed that the NRC in Assam is to be implemented in the whole country. Designed, developed and maintained by Yodasoft Technologies Pvt. New 3 Month Subscription Also read: Essay on constitution in 500 words. The National Citizen Register (NRC) is a registration booklet created by the Government of India, in which the names of legitimate citizens of India are written. Only those who had taken refuge in Assam before the creation of Bangladesh i.e. to Digital Archives at, Get instant access to the complete EPW archives. By midnight of 24 March 1971 were found in any voter list. 2. Despite statements from the Central Government that the final NRC draft was published with the sole motive of identifying and subsequently deporting illegal migrants, the exclusion of more than 4 million people ordinarily resident in Assam reflects a conflict with international principles of nationality and human rights. Therefore it was a complete statement on the National Register of Citizenship (NRC). NRC in Assam The objective behind the NRC update is the identification of the illegal migrants who migrated from Bangladesh after 24th March 1971 to Assam.