On August 28, after a protracted wait of five years, the Assam government announced that 9,35,682 people in the state would finally receive their long-delayed Aadhaar cards. This announcement, while appearing to be a significant step forward, actually brings to light deeper issues (and figures) surrounding access to the Aadhaar card in Assam. The past weeks have been littered with extremely targeted and polarising comments by the chief minister Himanta Biswa Sarma, raising serious doubts about non-discriminatory governance in the state.
Since 2019, a staggering 27,43,396 individuals have had their Aadhaar cards blocked, plunging them into a state of bureaucratic limbo and depriving them of access to essential services. The recent decision to unblock the Aadhaar cards for only a fraction of these individuals—just over 9 lakh—raises pressing concerns about the fate of the remaining 18,07,714 people who are still waiting for resolution.
Assam Chief Minister Himanta Biswa Sarma, in a recent press conference, revealed that the central government had instructed the Unique Identification Authority of India (UIDAI) to issue Aadhaar cards to the 9,35,682 people who had submitted their biometrics between February 2019 and August 2024. However, no information was provided about the criteria used to select these individuals, nor was there any transparency about the remaining 18,07,714 people who continue to be denied this essential identification document.
“They agreed that NRC and Aadhaar do not have any direct connection and if this stream of people have access to Aadhaar cards, they will not have any objection. We had been in touch with the central government for the past two years and on July 29 last, the Centre advised us to formally take up the matter with it. We submitted a proposal and the Centre took the advice of the Solicitor General based on our letter. Yesterday, the Centre directed UIDAI to issue the Aadhaar cards,” Sarma stated.
He further provided that that the applicants would be able to collect their Aadhaar cards from the centres where they had applied for the same.
“A long-standing issue has been resolved as the Centre removed the barrier. I had raised the matter before the Union home minister (Amit Shah). He could understand the problem. I thank him on behalf of the state government,” Sarma further mentioned.
The lack of clarity on this whole decision and process extends further. CM Sarma himself admitted that the blocking of biometrics had no correlation with the National Register of Citizens (NRC), yet these individuals were still denied their Aadhaar cards.
“We checked and found that the blocking of biometrics had no correlation between NRC and Aadhaar. They blocked the biometrics of everyone who applied for Aadhaar cards from February 2019 to August 2019. These are people from across communities. The Aadhaar cards of even those, who made it to NRC, were blocked,” said Sarma at the conference.
Assam CM took to X (formerly Twitter) to state that “Close to 10 lakh people from Assam, who applied for Aadhaar during a certain period had their ‘Biometric Locked’ for 5 years and had to suffer due to it. Fulfilling a key election promise, we took up this issue with the Union Government, and it’s heartening that they have decided to unlock the biometric of all the affected people, bringing in much needed relief to them.”
Close to 10 lakh people from Assam, who applied for Aadhar during a certain period had their ‘Biometric Locked’ for 5 years and had to suffer due to it.
Fulfilling a key election promise, we took up this issue with the Union Government, and it’s heartening that they have decided… pic.twitter.com/lUUvcMI6L1
— Himanta Biswa Sarma (@himantabiswa) August 28, 2024
Ranoj Pegu, Cabinet Minister for higher education, school education, tribal affairs with the government of Assam also took to X to appreciate the efforts of the CM and the government of India, by writing “A heartfelt thanks to Union Home Minister Amit Shah ji and Hon’ble CM of Assam Himanta Biswa for addressing the issue of Aadhaar card issuance for 9,35,682 individuals in Assam which were kept blocked since 2019. This crucial step will significantly benefit those affected. Grateful for your unwavering support in resolving this matter.”
A heartfelt thanks to Union Home Minister @AmitShah ji and Hon’ble CM of Assam @himantabiswa for addressing the issue of Aadhaar card issuance for 9,35,682 individuals in Assam which were kept blocked since 2019. This crucial step will significantly benefit those affected.… pic.twitter.com/VlHW8PiESg
— Ranoj Pegu (@ranojpeguassam) August 28, 2024
However, the government has yet to explain why these 9,35,682 individuals were selected for relief, while the vast majority remain excluded from essential government schemes and benefits due to the lack of Aadhaar. This raises the question: What crime did the remaining individuals commit to justify such treatment?
The selective blocking as well as the unblocking process has left a majority of the affected individuals without any clarity or assurance regarding their future. For years, these people have been denied their fundamental rights, including access to government benefits, ration cards, scholarships, and other essential services that require Aadhaar verification. The Assam government’s announcement, rather than providing relief, has highlighted the continued plight of these individuals, who are still in the dark about when, or if ever, they will ever receive their Aadhaar cards.
The situation is even more troubling when considering the broader political context. CM Sarma has been known for making communal and religiously divisive statements, particularly against the Muslim population of Assam. (See here, here, here and here) The selective unblocking of Aadhaar cards raises serious concerns about the potential influence of religious and communal biases in the decision-making process. The government’s failure to provide a transparent and fair process for all affected individuals highlights the ongoing issue of over 18 lakh Aadhaar cards remaining blocked, suggesting that these actions may be deeply entangled in the political and communal rhetoric that has increasingly defined the state’s governance.
The people of Assam, particularly those still deprived of their Aadhaar cards, deserve answers. They have been left without access to essential services, ration cards, scholarships, and other government facilities for years. The government’s silence on the matter only adds to the uncertainty and anxiety faced by these individuals. It is crucial that the state and central governments provide a clear, transparent, and inclusive solution that addresses the needs of all 27,43,396 affected individuals, not just a selected few.
CJP’s petition in the Gauhati High Court and the issues unravelled:
Brief about the Petition: CJP’s team in Assam has been deeply involved in offering paralegal and legal assistance to individuals excluded from the National Register of Citizens (NRC) in Assam. Their efforts involve extensive on-ground work, including responding to distress calls from remote areas daily. Through this work, the CJP team had observed that the state government had not made sufficient efforts to provide legal aid to those excluded from the NRC, despite directions from the Ministry of Home Affairs (MHA).
The said petition that had been filed by the organisation sought clarification on a press release issued by the MHA on August 20, 2019, which stated that legal assistance would be provided to those excluded from the NRC and in need of such aid. In early 2020, CJP, along with three families excluded from the NRC, petitioned the High Court on the issue. Senior counsel Mihir Desai, assisted by Advocate Mrinmoy Dutta, represented the petitioners. The petition was later withdrawn after the High Court suggested that it would be more appropriate as a public interest litigation (PIL).
From April to November 2020, CJP engaged in detailed correspondence with the National Legal Services Authority (NALSA) and the Assam State Legal Services Authority (ASLSA). Despite their efforts, CJP found no substantial action in line with the MHA’s 2019 communication. Consequently, CJP submitted a representation to the Home Department of Assam, urging them to establish a scheme and modalities for providing effective legal aid to those excluded from the NRC. CJP also requested information on the steps taken by the government to facilitate awareness among those in need.
The petition underscores that those excluded from the NRC cannot be deemed non-citizens until all legal remedies are exhausted. Without adequate legal aid, these marginalized individuals risk suffering irreparable harm. CJP’s petition calls for the state to develop effective and robust legal aid modalities, including the training of lawyers and the establishment of adequate front offices, given the numerous pending appeals before the Foreigners’ Tribunals by marginalized individuals seeking to prove their citizenship. The plea stresses that NRC-excluded individuals cannot be declared non-citizens until all available remedies are exhausted, and without adequate legal aid, these individuals risk severe harm.
CJP also expressed concerns about the short 120-day window for NRC-excluded individuals to file an appeal, arguing that there would not be enough funds for them to secure legal representation in such a limited time. Therefore, the plea calls for the ASLSA and NALSA to provide legal aid to these individuals.
Revelations of CJP’s survey on legal aid machinery: In response to the ASLSA’s communication in November 2020, which stated that they had sufficient machinery to handle any actions related to the NRC, CJP had conducted an independent survey in 10 districts of Assam to assess the preparedness of the District Legal Services Authorities (DSLA). The survey had revealed significant deficiencies: many front offices were either non-existent or inadequate in terms of space and staff. Moreover, personnel at these legal services authorities lacked training in critical areas such as citizenship laws, NRC procedures, immigration law, and the Foreigners Act—all essential for assisting those who must appeal before the Foreigners Tribunal to prove their citizenship. The survey also found that only 10 cases had been handled by DLSA counsel, all in Dhubri: 7 in 2019 and 3 in 2020.
Relief Sought through CJP’s petition: The petition requests the court to direct state authorities to appoint sufficient legal aid lawyers and provide them with manuals to ensure consistent legal assistance. It also seeks the formulation of modalities for legal aid specifically tailored to NRC-excluded individuals. Additionally, the petition prays that rejection slips should not be issued until adequate legal aid arrangements are in place. Through this petition, CJP aims to ensure that state machinery is prepared to assist marginalized individuals among the 19-lakh excluded from the NRC, so that no rightful citizen is deprived of their citizenship due to a lack of proper legal aid.
The petition also presents several suggestions for the court’s consideration:
- Establish Taluk-level Legal Services Authorities across all taluks.
- Invite applications for legal aid at least three months before rejection slips are issued.
- Based on these applications, enhance front offices, empanel lawyers and paralegals, and train them in citizenship laws, the Foreigners Act, and NRC procedures.
- Set up monitoring committees for each taluk.
- Organize legal aid camps to scrutinize documents.
- Draft model appeal formats.
- Appoint senior counsel with more than 15 years of experience to guide conducting advocates.
- Enable civil rights organizations like CJP to conduct training sessions.
Court Proceedings and Orders: during the proceeding, in February 2022, the ASLSA had filed an affidavit before the Gauhati High Court, wherein it had stated that in most of the districts of Assam, the DLSAs had formed a separate legal aid panel for providing legal aid for those in need. Those DLSAs that do not have such a separate panel, are providing aid from the already existing panel. However, through the affidavit, the Authority had also admitted that since a large population of over 19 lakh persons is left out of the NRC, it needs considerable financial resources and that the state government needs to revisit the budget allocation to enable it to provide the requisite legal aid; which means the Authority is falling short of financial resources.
On March 26, 2022, during a Maharashtra State Level Conference, the then Justice (retd. CJI) UU Lalit, who was also the then Executive Chairman of NALSA, had emphasized the importance of providing quality free legal aid services. He stated, “Free legal aid does not mean poor legal aid; free legal aid must mean quality service.” He expressed concern over the low percentage of cases handled by the Legal Services Authority and stressed the need for talented and committed personnel in the legal aid system.
In its order dated November 23, 2022, the Gauhati High Court directed the Centre and the Assam State Government to clarify their stance on funding for legal aid. Previously, on February 1, 2022, the ASLSA filed an affidavit acknowledging its efforts to train staff in citizenship matters but admitted that financial constraints hindered their ability to provide adequate legal aid to the large population excluded from the NRC. This admission had underscored the need for the Assam state government to reassess its budget allocation to ensure sufficient legal aid resources.
The PIL remains pending in the Gauhati High Court.
(Further details about the CJP petition in Gauhati HC may be read here, here and here.)
Related:
Assam CM compares districts of Assam with Bangladesh; calls some of the districts ‘tiny Bangladesh’
12-year legal battle for identity: Rahim Ali’s posthumous victory in Assam’s citizenship tribunal