Skip to main content

Assam citizenship imbroglio: Guwahati HC order a setback to siblings, family members of "declared foreigners"

By A Representative
In what is being viewed as a major setback to those who have been fighting against the decision of the National Register of Citizens (NRC) of Assam seeking to qualify names of siblings and other members of family as kept pending, the Guwahati High Court has upheld the NRC State coordinator’s controversial order in this regard.
The order was issued by on May 2, 2018 by NRC state coordinator, Prateek Hajela, who said, the names of siblings and other family members of DFs be “kept pending” from NRC. Human rights activists say, the order had made “entire families vulnerable only because one person in their family has been declared a foreigner.”
Following the HC order, siblings and other family members of Declared Foreigners (DFs) would now have to submit documents proving their citizenship before a Foreigners’ Tribunal (FT), even as proving the authenticity of these documents. They are unlikely to see their name in the NRC draft that is expected to be out on July 30, 2018.
The Citizens for Peace and Justice (CPJ), led by well-known human rights activist Teesta Setalvad, has said in a statement, “There is also the fear that this would render section 3 (1) (a) of the Indian Citizenship Act, 1955 meaningless. According to this section, every person born in India on or after January 26, 1950, but before July 1, 1987 shall be a citizen of India by birth.”
CPJ says, “Now, even if a person is declared as ‘foreigner’, his siblings might have born in India before July 1, 1987, which makes them a citizen of India by birth. Moreover, say a person actually illegally infiltrated in to India post-March 25, 1971 and finally declared a ‘foreigner’ by the Tribunal, his siblings might have entered before the cut-off date as per Section 6A of the Citizenship Act, 1955, that does not make them a foreigner.”
The controversial NRC order of May 2, 2018 stems from a Guwahati High Court order from exactly a year ago. In 2017, the court passed a common order on two interrelated writ petitions pertaining to the citizenship status of one Aktara Khatoon. The petitioner in the first case (360/2017) had been declared a foreigner by the Foreigners’ Tribunal at Nagaon on October 31, 2016.
While passing the order the Tribunal directed the Superintendent of Border (Hojai), to conduct a fresh inquiry into the brothers and sisters of Aktara Khatun, stating that if she was a foreigner, her brothers and sister from the same father also cannot be citizens of India. These siblings Abdul Motin, Abdul Kadir and Sahara Khatun became the petitioners in the second case (1610/2017).
The HC disposed of both the cases by passing a common order that stated, “…Once a proceedee is declared to be a foreigner it would only be a logical corollary to such declaration that his brothers, sisters and other family members would also be foreigners.”
It added, “Therefore, it becomes the duty of the jurisdictional Superintendent of Police (B) to cause enquiry in respect of the brothers, sisters and other family members of the declared foreigners and thereafter, to make a reference to the competent Foreigners’ Tribunal against such brothers, sisters and other family members.”
Following the High Court directive, the NRC state coordinator on May 2, 2018 said that the names of brothers, sisters and other family members of DFs ‘pending’. The order was issued by the state coordinator, NRC, to all Deputy Commissioner and District Registrar of Citizen Registration (DRCR) of all districts.
The order said, “As per this judgment, the Superintendent of Police (B) are required to make references of such persons, namely, brothers, sisters and other family members of Declared Foreigners (DF) to the Foreigners Tribunals and their names are accordingly not be included in the NRC until finalization of such references.”
According to CPJ, “There is a mechanism in place to address claims and objections even if someone’s name does not appear in the final draft; however, given the complications that have already cropped up, many fear that the provision might just be yet another futile bureaucratic exercise making proving citizenship an insurmountable challenge.”

Comments

TRENDING

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Sardar Patel was on Nathuram Godse's hit list: Noted Marathi writer Sadanand More

Sadanand More (right) By  A  Representative In a surprise revelation, well-known Gujarati journalist Hari Desai has claimed that Nathuram Godse did not just kill Mahatma Gandhi, but also intended to kill Sardar Vallabhbhai Patel. Citing a voluminous book authored by Sadanand More, “Lokmanya to Mahatma”, Volume II, translated from Marathi into English last year, Desai says, nowadays, there is a lot of talk about conspiracy to kill Gandhi, Netaji Subhas Chandra Bose, and Shyama Prasad Mukherjee, but little is known about how the Sardar was also targeted.

UP tribal woman human rights defender Sokalo released on bail

By  A  Representative After almost five months in jail, Adivasi human rights defender and forest worker Sokalo Gond has been finally released on bail.Despite being granted bail on October 4, technical and procedural issues kept Sokalo behind bars until November 1. The Citizens for Justice and Peace (CJP) and the All India Union of Forest Working People (AIUFWP), which are backing Sokalo, called it a "major victory." Sokalo's release follows the earlier releases of Kismatiya and Sukhdev Gond in September. "All three forest workers and human rights defenders were illegally incarcerated under false charges, in what is the State's way of punishing those who are active in their fight for the proper implementation of the Forest Rights Act (2006)", said a CJP statement.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.