Skip to main content

People from marginalised, low income families left out of Assam NRC list: CJP team

Teesta Setelvad, Vrinda Grover, Mihir Desai
Counterview Desk
Following the National Register of Citizens (NRC) authority declaring on June 26 that an additional over one lakh names of people had been excluded from the NRC draft list, the Mumbai-based human rights organization, Citizens for Justice and Peace (CJP), which is currently working in Assam, took a delegation of senior lawyers and journalists to assess ground realities and devise a strategy to "help genuine Indian citizens", especially from poorer sections, to navigate through the tortuous claims process before Foreigners’ Tribunals (FT).
The delegation comprised senior High Court advocate Mihir Desai, senior Supreme Court advocate Vrinda Grover, senior journalist Kalpana Sharma and CJP secretary Teesta Setalvad. It liaised with several prominent intellectuals, lawyers and civil society members from Assam, including retired professor of Gauhati University Abdul Mannan, advocates Mrinmoy Dutta and Shaizuddin Ahmed, and human rights activists Motiur Rehman, Abdur Rehman Sikdar and Abdul Batin Khandurkar.

A CJP note:

The contingent travelled to three of the worst affected districts, namely Morigaon, Nagaon and Chirang and met several people affected by either the NRC or FTs. In village after village we met scared and confused people, clutching their precious documents packed in plastic bags to protect them from the rain, despair in their eyes, telling us about their plight often breaking into tears!
In Bijni in Chirang district, we met Biswanath Das, a rickshaw driver, whose 70-year-old mother Parboti has been languishing in the Kokrajhar Detention Camp for over two years and eight months. While Parbati is eligible for release in four months as per a new Supreme Court order that allows for people to be released if they have spent three years behind bars, Das fears his mother might not live that long given her deteriorating health. She was declared foreigner as she could not prove her linkage to her father, a common problem faced by married women from low income and socially backward communities.
We met many more such women in Hanchara in Morigaon. Some are housewives, some work as daily wage workers and domestic helps, some are aged, many widowed… all of them vulnerable. These women rarely have birth certificates as most are not born in hospitals.
A CJP meeting on NCR in a village in Kamrup district of Assam 
They are illiterate and therefore don’t have school leaving certificates. They are married off at an early age and their names are only entered into the voters list in the village where their husband’s family lives. The Panchayat Secretary or Gaon Burah’s certificate though valid is considered a week document and therefore requires another strong document to back it up.
We also discovered many people were confused about the new list of additional exclusions. We met a young man who was crest fallen because his name had not appeared in the list and it was only after we explained that it was a list of people who were excluded from the NRC, that he understood how fortunate he was to not be included in the June 26 Additional Exclusions list.
Our delegation brainstormed about how best to help genuine Indian citizens in Assam so that the original spirit of the Assam Accord can be upheld. We arrived at the following conclusions:
  • There is a need for greater transparency in the functioning of Foreigners’ Tribunals
  • Media should be allowed to cover FT cases 
  • A support person should be allowed to be present with and assist procedees at FT trials 
  • To do away with terms like “projected father”, “projected brother” etc. there should be a provision for DNA test should the procedee give their free consent 
  • The provisions of the Evidence Act be upheld even if the burden of proof lies with the procedee 
  • The administration takes note of the element of privilege involved in possessing official documents and recognises how it is extremely difficult for low income and illiterate people to have them 
CJP has now decided to put together a team of paralegals to assist people who will be excluded from the final NRC that is expected to be published by July 31, 2019 as well as people appearing for FT hearings. We aim to help maximum number of people with legal aid in some of the worst affected districts.
Speaking about the visit, Advocate Mihir Desai said, “We met different people in Morigaon, Nagaon and Chirang and all of them had only one thing to say – that they have been residents of their areas for several decades and yet the grounds on which they are declared ‘foreigner’ and the process involved, appear to be unfair. We have also heard allegations of Foreigners’ Tribunal members being inexperienced and also often working under pressure to declare maximum number of people as foreigners. This affects the impartiality and credibility of FTs.”
A CJP consultation in Chirang district 
Advocate Vrinda Grover said, “During our visit we discovered that people from marginalised and low income families have been left out of the NRC because they don’t possess proper documents and resources. Very often the understanding of the law and processes is very limited. We have also discovered that women are the worst affected.”
CJP secretary Teesta Setalvad summarises it all saying, “We believe that in the haste to meet targets set by the executive the NRC centres and the foreigners tribunals have been running roughshod over fair guidelines and set procedure causing huge human distress bordering on panic for extremely marginalised people and communities. It is imperative that palliative directions of the honourable Supreme Court be strictly enforced. We hope that the judiciary and the executive, both realise and respond to the magnitude of the ongoing and looming crisis in Assam.”
CJP Assam state coordinator Zamser Ali says, “It was an important visit and it has given people hope in Assam. We have been working tirelessly for over one year and are now re-calibrating our strategy to help maximum number of people. We now request all democratic and humanitarian people and organisations to join us in our quest for hope and justice.”

Comments

TRENDING

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

'Anti-poor stand': Even British wouldn't reduce Railways' sleeper and general coaches

By Anandi Pandey, Sandeep Pandey*  Probably even the British, who introduced railways in India, would not have done what the Bhartiya Janata Party government is doing. The number of Sleeper and General class coaches in various trains are surreptitiously and ominously disappearing accompanied by a simultaneous increase in Air Conditioned coaches. In the characteristic style of BJP government there was no discussion or debate on this move by the Indian Railways either in the Parliament or outside of it. 

Why convert growing badminton popularity into an 'inclusive sports opportunity'

By Sudhansu R Das  Over the years badminton has become the second most popular game in the world after soccer.  Today, nearly 220 million people across the world play badminton.  The game has become very popular in urban India after India won medals in various international badminton tournaments.  One will come across a badminton court in every one kilometer radius of Hyderabad.  

Faith leaders agree: All religious places should display ‘anti-child marriage’ messages

By Jitendra Parmar*  As many as 17 faith leaders, together for an interfaith dialogue on child marriage in New Delhi, unanimously have agreed that no faith allows or endorses child marriage. The faith leaders advocated that all religious places should display information on child marriage.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Ayurveda, Sidda, and knowledge: Three-day workshop begins in Pala town

By Rosamma Thomas*  Pala town in Kottayam district of Kerala is about 25 km from the district headquarters. St Thomas College in Pala is currently hosting a three-day workshop on knowledge systems, and gathered together are philosophers, sociologists, medical practitioners in homeopathy and Ayurveda, one of them from Nepal, and a few guests from Europe. The discussions on the first day focused on knowledge systems, power structures, and epistemic diversity. French researcher Jacquiline Descarpentries, who represents a unique cooperative of researchers, some of whom have no formal institutional affiliation, laid the ground, addressing the audience over the Internet.

Article 21 'overturned' by new criminal laws: Lawyers, activists remember Stan Swamy

By Gova Rathod*  The People’s Union for Civil Liberties (PUCL), Gujarat, organised an event in Ahmedabad entitled “Remembering Fr. Stan Swamy in Today’s Challenging Reality” in the memory of Fr. Stan Swamy on his third death anniversary.  The event included a discussion of the new criminal laws enforced since July 1, 2024.

Hindutva economics? 12% decline in manufacturing enterprises, 22.5% fall in employment

By Bhabani Shankar Nayak*  The messiah of Hindutva politics, Narendra Modi, assumed office as the Prime Minister of India on May 26, 2014. He pledged to transform the Indian economy and deliver a developed nation with prosperous citizens. However, despite Modi's continued tenure as the Prime Minister, his ambitious electoral promises seem increasingly elusive. 

Union budget 'outrageously scraps' scheme meant for rehabilitating manual scavengers

By Bezwada Wilson*  The Union Budget for the year 2024-2025, placed by the Finance Minister in Parliament has completely deceived the Safai Karmachari community. There is no mention of persons engaged in manual scavenging in the entire Budget. Even the scheme meant for the rehabilitation of manual scavengers (SRMS) has been outrageously scrapped.