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

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 ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

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.

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

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit. 

Gujarat Bitcoin scam worth Rs 5,000 crore "linked" with BJP leaders: Need for Supreme Court monitored probe

By Shaktisinh Gohil* BJP hit a jackpot in the form of demonetisation, which it used as an alibi to convert black money into white in Gujarat. Even as party scrambles for answers of how the Ahmedabad District Cooperative Bank (ADCB), whose director is BJP president Amit Shah, received old currency worth Rs 745.58 crore in just five days, and how Rs 3118.51 crore was deposited in 11 district cooperative banks linked with Gujarat BJP leaders, a new mega Bitcoin scam, worth more than Rs 5,000 crore has been unraveled.