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Over 19 Lakh Excluded from Final NRC, Legal Options the next tortuous route

Sabrangindia 31 Aug 2019
Minutes past 10 a.m. on August 31, the NRC Coordinator’s office through its office in Guwahati announced that as many as 3,11,21,004 have been included in the final NRC list and 19,06,657 have been left out. The NRC is a process being undertaken by the Coordinator under the supervision of the Supreme Court of India since 2009.

Assam NRC
 
The press release issued by the NRC authorities may be read here:



In the press release, the authority traces the process of NRC Update was started in the state of Assam as per order of the Supreme Court of India in 2013.
 
“Since then, the Apex Court has been closely monitoring the entire process. The process of NRC update in Assam differs from the rest of the country and is governed by Rule 4A and the corresponding Schedule of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. These rules have been framed as per the cut-off date of 24th March (Midnight), 1971 decided as per Assam Accord.

“The process of receipt of NRC Application Forms started during the end of May 2015 and ended on 31st August 2015. A total of 3,30,27,661 members applied through 68,37,660 applications. The particulars submitted by the applicants were taken up for scrutiny to determine eligibility of their inclusion in NRC.  The exercise of NRC Update is a mammoth exercise involving around 52,000 State Government officials working for a prolonged period. All decisions of inclusion and exclusion are taken by these statutory officers.
 
“The entire process of NRC update has been meticulously carried out in an objective and transparent manner. Adequate opportunity of being heard has been given to all persons at every stage of the process. The entire process is conducted as per statutory provisions and due procedure followed at every stage.


“As per Orders of the Hon’ble Supreme Court, Draft NRC (Complete Draft) was published on 30th July, 2018 wherein 2,89,83,677 numbers of persons were found eligible for inclusion. Thereafter, Claims were received from 36,26,630 numbers of persons against exclusions. Verification was also carried out of persons included in Draft NRC under Clause 4(3) of the Schedule of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. Objections were received against inclusion of 1,87,633 persons whose names had appeared in Complete Draft. Another Additional Draft Exclusions List was published on 26th June, 2019 wherein 1,02,462 persons were excluded.
 
“Taking into account all the persons already included and after disposal of all Claims and Objections and proceedings under Clause 4(3), it has been found that a total of 3,11,21,004 numbers of persons are found eligible for inclusion in Final NRC leaving out 19,06,657 numbers of persons including those who did not submit Claims.

“From 10 AM of today (31 August 2019) onward, the hard copies of the Supplementary List of Inclusions will be available for public view at NRC Seva Kendras (NSK), offices of the Deputy Commissioner and offices of the Circle Officer during office hours. The status of both inclusion and exclusion can be viewed online in the NRC website (www.nrcassam.nic.in).

Any person who is not satisfied with the outcome of the claims and objections can file appeal before the Foreigners Tribunals.”

Over 19 Lakh Excluded from Final NRC, Legal Options the next tortuous route

Minutes past 10 a.m. on August 31, the NRC Coordinator’s office through its office in Guwahati announced that as many as 3,11,21,004 have been included in the final NRC list and 19,06,657 have been left out. The NRC is a process being undertaken by the Coordinator under the supervision of the Supreme Court of India since 2009.

Assam NRC
 
The press release issued by the NRC authorities may be read here:



In the press release, the authority traces the process of NRC Update was started in the state of Assam as per order of the Supreme Court of India in 2013.
 
“Since then, the Apex Court has been closely monitoring the entire process. The process of NRC update in Assam differs from the rest of the country and is governed by Rule 4A and the corresponding Schedule of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. These rules have been framed as per the cut-off date of 24th March (Midnight), 1971 decided as per Assam Accord.

“The process of receipt of NRC Application Forms started during the end of May 2015 and ended on 31st August 2015. A total of 3,30,27,661 members applied through 68,37,660 applications. The particulars submitted by the applicants were taken up for scrutiny to determine eligibility of their inclusion in NRC.  The exercise of NRC Update is a mammoth exercise involving around 52,000 State Government officials working for a prolonged period. All decisions of inclusion and exclusion are taken by these statutory officers.
 
“The entire process of NRC update has been meticulously carried out in an objective and transparent manner. Adequate opportunity of being heard has been given to all persons at every stage of the process. The entire process is conducted as per statutory provisions and due procedure followed at every stage.


“As per Orders of the Hon’ble Supreme Court, Draft NRC (Complete Draft) was published on 30th July, 2018 wherein 2,89,83,677 numbers of persons were found eligible for inclusion. Thereafter, Claims were received from 36,26,630 numbers of persons against exclusions. Verification was also carried out of persons included in Draft NRC under Clause 4(3) of the Schedule of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. Objections were received against inclusion of 1,87,633 persons whose names had appeared in Complete Draft. Another Additional Draft Exclusions List was published on 26th June, 2019 wherein 1,02,462 persons were excluded.
 
“Taking into account all the persons already included and after disposal of all Claims and Objections and proceedings under Clause 4(3), it has been found that a total of 3,11,21,004 numbers of persons are found eligible for inclusion in Final NRC leaving out 19,06,657 numbers of persons including those who did not submit Claims.

“From 10 AM of today (31 August 2019) onward, the hard copies of the Supplementary List of Inclusions will be available for public view at NRC Seva Kendras (NSK), offices of the Deputy Commissioner and offices of the Circle Officer during office hours. The status of both inclusion and exclusion can be viewed online in the NRC website (www.nrcassam.nic.in).

Any person who is not satisfied with the outcome of the claims and objections can file appeal before the Foreigners Tribunals.”

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Many issues have erupted in Assam after the NRC updation process began a few years ago. The economically weaker sections have suffered the most and there is a looming fear amongst the people of Assam of being rendered stateless. In the midst of all this, there appears to be a clear agenda of the ruling government against the Muslim community which it has clearly manifested in its Citizenship Amendment Bill, which it plans to re-introduce in the current winter session.

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A United States Commission calls out Indian government’s bias against Muslim community

Many issues have erupted in Assam after the NRC updation process began a few years ago. The economically weaker sections have suffered the most and there is a looming fear amongst the people of Assam of being rendered stateless. In the midst of all this, there appears to be a clear agenda of the ruling government against the Muslim community which it has clearly manifested in its Citizenship Amendment Bill, which it plans to re-introduce in the current winter session.


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