On Tuesday, the Lok Sabha was informed that pending a final decision, the government has decided not to send to the detention centre, children who were excluded from the final NRC (National Register of Citizens) in Assam but whose parents were included in the list.
Nityanand Rai, the Union Minister of State for Home said that the approved standard operating procedures for disposal of claims and objections had specific provision for children who got left out from the draft NRC, while their parents had been included.
In a written reply to the question he said, “Attorney General for India stated on January 6, 2020 before the Supreme Court that the children of parents included in NRC, Assam, will not be separated from their parents and sent to detention centre in Assam pending decision on the application.”
This comes as a big win for Citizens for Justice and Peace (CJP) who in November 2019 had filed an Intervention Application, in a writ petition case through its counsel Aparna Bhat stating cases of children excluded from the list even when their parents and, in some instances, the relatives/guardians of the children are part of the NRC.
In order to illustrate the severity of the issue, a detailed list of 61 such children excluded from the list, in which their parents were included, was presented to the court. The case studies of 3 children were also detailed to help the apex court understand the ground realities and sufferings of families separated due to this arbitrary process of NRC.
These included the story of Hasmat Ali who has three minor children. While his and his wife’s name was included in NRC, their children’s names found no place in it and since then he has had to rush from one hearing to another which are held at far-away places, collecting all kinds of documents, incurring large expenses, even taking money on loan, to ensure his children do no end up in detention camp.
The said application prayed the apex court to pass orders to the office of the Coordinator to immediately take steps to ensure that no child is left out of the NRC especially in cases where the parents/guardians/caregivers were included in the list. It also asked that in the interim, the court pass orders directing state of Assam not to take any coercive action against the children or separate them from their families.
In this regard, in its order, given on the January 6 hearing, the Supreme Court directed the Assam government to ensure that no children of parents whose names had been included in the final NRC list be sent to detention centres or be separated from their parents until the said application by CJP was fully considered.
The reply of MoS Home, Nityanand Rai can be read below.
The Supreme Court order may be read below.
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