At the hearing held on Thursday, May 4, a bench of Chief Justice Sandeep Mehta and Justice Mitali Thakuria posted this for hearing post summer vacation since the matter was long pending and the details of persons excluded from the National Register of Citizens (NRC) had still to receive the “reasons for their exclusion, four years after the publication of the NRC final list!

CJP’s counsel senior advocate Mihir Desai and advocate Mrinmoy Dutta also appeared for CJP.

The order may be read here:

Meanwhile in an additional affidavit filed by the petitioners on March 23, 2023, CJP has laid down and re-iterated the context within which such legal aid is necessary:

“That this Hon’ble Court by order dated 23.11.2021 in the present PIL  had directed the Government of India  as well as the State to  indicate as to how funds would be made available for the purpose of providing legal aid after considering the issues raised in the PIL considering the magnitude and the enormity of the exercise that was unfolding.

“That, though it is true that the number of persons who were likely to seek legal aid was not known or no specific list of persons seeking legal aid was/is  placed before this Hon’ble Court but the same does not make the petition premature or speculative as there is no denying the fact that out of 19 lakhs people who were left out large number of them are women and children and there are people whose entire families were left out of the NRC and a large percentage of these people belong to the underprivileged sections of the society who  cannot afford the burden of multiple litigations and as such the creation of proper infrastructure of legal aid and service was a requirement,  with creation of the necessary awareness so that the affected people could be assured that they are entitled to legal aid and services.

“The fact that after the Hon’ble Apex Court had directed release of those interned who had spent three years in the detention center, on bail there was no attempt by the state to even help these people to get their bails ensured is indicative of the fact that legal services to these people is far from reality.  It was in these circumstances the petitioner within its resources provided legal aid to at least 52 such détentes in getting their bail papers processed.

“The state machinery has shown total apathy to the plight of these people.  It is important to mention that merely filing of appeals within 120 days of the reasons being furnished was not sufficient to make proper and effective legal aid a reality, but the process required prior guidance to people left out to prepare their papers and even obtaining copies of valuable documents to make them admissible in evidence.

“That, providing legal aid cannot be a hollow formality and the same has to be proper and effective and therefore there was not only a  requirement of preparation of panel of advocates but there is also a requirement of a huge force of para legal volunteers, training paralegal volunteers to make them understand the intricacies of the legal process so that they are in a position to guide legal aid seekers in matters pertaining to foreigners tribunal to prepare themselves to meet the requirements and place a proper and effective appeal in time.

“That the enormity of the exercise can be understood from the fact that 19 lakhs people would have been required to knock the doors of the tribunals within 120 days of the reasons of exclusion being furnished and the situation was therefore unprecedented. More than 200 Tribunals members were appointed to deal with these deluge of appeals and the infrastructure available simply could not have handled the situation and in fact the admission by the state legal services authority made it apparent that the infrastructure available was not robust to handle the situation.

“It also cannot be lost sight that the remedy after these appeals would only be before this Hon’ble Court and these matters would require not just months and years but decades to be decided before this Hon’ble Court given the fact that cases from hundreds of tribunals would have to be tackled. The appeals before the Learned Tribunals is thus practically the last resort for these people left out of standing on the periphery of being deprived of their rights of citizenship or the rights to have rights in a highly technical process and therefore not just legal aid but proper and effective legal aid being the requirement, the PIL was filed to highlight the deficiencies in the system which is a way stands admitted by the affidavit of the respondent No 6 (Assam State Legal Services Authority)

“The PIL filed by the petitioner is highlighting a public cause and the petitioner has no personal interest in the cause raised in the PIL. The petitioner organization, on its  own over the years has tried to do their bit within the limitations of the resources available,  by providing legal aid and assistance to the poor and marginalised section of the society in the state, grappling with the questions of their citizenship status and unless the state puts up a robust infrastructure to provide legal aid to these people grappling with the questions of citizenship,  legal aid and service would be a mere hollow formality, which certainly is not the mandate of law. “

About the plea

On August 20, 2019, a press communication issued by MHA stated that legal assistance would be provided to those excluded from NRC, specifically those who are in need of such legal aid. CJP has been actively involved in ground-work of para legal and legal aid but its team has not come across any any concerted efforts in furtherance of the 2019 communication issued by MHA. CJP thus submitted a representation before Secretary of Home Department in Assam for framing scheme and modalities for providing effective legal aid to the NRC left outs. CJP also asked the Home Department about what steps had been taken by the government so it can, through its widespread ground-work, create awareness among the people in need. Besides, CJP corresponded with the National Legal Aid Authority (NALSA) and annexed these communications with its PIL. From April 2020 to November 2020, the organisation was involved in detailed correspondence and representations to both the National Legal Services Authority (NALSA) and the Assam State Legal Services Authority (ASLSA).

Finally, in November 2020, the Assam State Legal Services Authority (ASLSA) responded stating that it “has enough machinery to deal with any action” taken by the government with regards to NRC. The ASLSA letter also revealed that only two Taluk Level Legal Services Authorities are functioning, while there are 78 taluks in the state. The letter also states that once rejection slips are handed out, legal camps can then be organised.

It was in response to this, then that the CJP then conducted a survey n 10 districts of Assam to assess the preparedness of District Legal Services Authorities (DSLA) which revealed that the front offices were either not present or the ones that had front offices were inadequate in terms of space or in terms of staff.

It was also revealed that in none of the ten legal services authorities, were the personnel trained on Citizenship, NRC, Immigration or the Foreigners Act, all of which are germane to the impending situation of people having to appeal before Foreigners Tribunal to prove their citizenship.

It was the findings of this survey that prompted CJP to file this plea before the Gauhati High Court.

In February last year, 2022, the Assam State Legal Services Authority (ASLSA) had indicated in its affidavit that it is in need of financial resources to provide legal aid to those excluded from NRC. Despite the inadequacy of the state response to the crucial issue of legal aid, no stringent measures are being undertaken.

Related:

CJP’s Assam Legal Aid Petition: ASLSA indicates shortage of funds for providing legal aid to those excluded from NRC

CJP’s Assam Legal Aid Petition: Gauhati HC asks Centre and State to indicate stand on funding

Assam DSLAs woefully understaffed, staff under-trained to handle FT cases

Inadequate legal aid for NRC excluded persons, CJP moves Guwahati HC

The post Assam legal aid plea hearing deferred beyond vacation appeared first on SabrangIndia.

Tezpur (North Upper Assam), November 25:  There have been three days of continuous, back to back holidays in Assam. On Friday last it was Guru Nanak Jayant. On Saturday it was LA chit Divas in Assam. Then came the Sunday, the weekly holiday. State government employees, alongwith several educated youth, students and some social organisation(s) came out in a massive way –traveling to the most backward areas of Baghmati under the Biswanathdistrict of Assam—and created history of sorts! A new history of social responsibility in response to the call given by the Assam chapter of Citizens for Justice and Peace (CJP).
 
CJP, a rights, justice and peace organization of India has started a massive programme in Assam since the final draft NRC was published in July this year. About 500 community Volunteers, 50 Volunteer Motivators, associated with CJP are working day and night all over the State, especially in the most vulnerable and remote areas of the state where large numbers of people have been dropped from the final draft NRC.
 
The community volunteers associated with CJP are working on the ground to mobilise active and literate persons from within the community to assist the process of filling up Claims forms at the NagrikSevaKendras (2,500 in all), educating persons on how to fill up these claim forms, counselling people about the serialisation of documents; the necessity of collecting documents as are needed. Besides the trainings include distributing learning documents for the empowerment of youth, students and educated people so that ordinary neo-literate and working class persons are equipped to handle the complicated process of filling up the claim forms with the NRC.

 
Moreover, a competent and empowered team has also been sitting at the Gauhati-based CJP’s 24 Hour, Toll Free Helpline Centre. Any person who calls in from any part of the world can be advised and counselled and, in fact, receives all possible information regarding the filling up of NRC claim forms. These combined and multi-pronged efforts have generated a mass awareness among the people of Assam.
 

On November 21, CJP Impact: On November 21, CJP Secretary TeestaSetalvad and our Assam Project Coordinator Zamser Ali appeared together on a Facebook Live broadcast to highlight the plight of people who were facing several challenges in filing claims to have their names included in the National Register of Citizens (NRC). A day after this, NRC State Coordinator PrateekHajela issued a notice to all local NRC officials to make certain accommodations for married women and children under 14.

 
This was evident as nowhere before in in Baghmari of the Biswanath District (that falls under upper North Assam) over the past two days (weekend). In response to this steadfast, hard work and the continuous appeals made by team CJP, about 200 government employees, teachers, the All Assam Minority Student’s Union Workers and various individuals, youth and students among them, came together to extend their three days’community service for the poor and illiterate so that all claim forms of the NRC can be filled up within these three holidays. About 200 community members including CJP community Volunteers and AAMSU leaders set up 60 tables for the purpose of filling up the claim forms of NRC. 
 
Keramat Ali, community volunteer of CJP from Baghmari recounted the experience, “in this area,as many as 76% people have had their names dropped from the final draft of NRC. This is only because of illiteracy and absence of awareness and access, despite the fact that they actually have all proper documents. This has meant that a huge number of people could not submit their NRC applications properly at the initial stage. This was the only reason that a huge number of people had had their names dropped from the final draft NRC. This time when I called on CJP’s toll free Helpline number of NRC, and, I was connected with them as community volunteer alongwith two others in our locality, we started our work and campaigning in a systematic way. It was this that encouraged community representatives to come out in a massive way to help the poor and underprivileged sections of the people.’

 
He continues his first person account:“On Friday, November 23, when the mega NRC claim forms filling up effort was started, for the first day we had set up 60 tables for community volunteers to fillup the NRC Claim forms. On each and every table there were at least three persons available for filling up the forms very seriously. Moreover, we have set up an extra desk of 20 members for screening all documents before allowing anyone to go to the ‘form filling’table.”
 
“On Friday the work was slow, as many people attended first time for filling up the NRC claim forms. On that day, we issued 1400 slips (showing number of persons helped). On Saturday, the number of slips issued was increased to 7000. Out of these, about 90% of the forms were filled up’ adds Baharul Islam, community volunteer of CJP and general secretary of Biswanath District All Assam Minority Student’s Union (AAMSU).
 
Irfan Ali, the working president of the Baghmari Local Committee, AAMSU and CJP’s community Volunteer said, “even when people are busy with Panchayat election, these people are busy in filling up claim applications. We came to know that till now, out of four million people dropped from the final draft of the NRC, only 5 lakh Claim applications have been submitted during the last 60 days. We have only 20 days ahead of us, of which there are only 11 working days. In this short span of time we will have to submit 3.5 million claim applications. It is a challenging task and we must complete our work within the time frame. If anyone fails to submit the claim applications he may be directly be declared as a foreigner.” 

 
Irfan Ali a local youth promised, ‘after completion of filling and submission of claim forms in our locality, our youth and students will go other parts of the state to help the distressed people.’
 
Based on this experience at Baghmari, the combined effort of educated youth, students and government employees of Sonitpur District began a similar mega program in Solmara nearby Tezpur in Sonitpur District. On November 24, in the mega camp in Tezpur where 20 tables had been set up, about 3000 claim forms were filled up. These two program have created a positive energy and elicited a popular response from other parts of the State.

 
A local teacher and writer, Noor Hussain recounts, ‘people of Baghmari under the Biswanathdistrict created history today. About 200 People including government employees,  educated youth,  AAMSU workers, allcame out openly today to help the distressed people for filling up NRC claim applications.  All this was in response to the call by the Citizens for Justice and Peace (CJP)
 
The community volunteers gathered at the Hamidur Rahman Senior Madrasa,  counselled and filled up claim applications around 60 tables for the people dropped from the final draft NRC.  The volunteers have committed to filling up another 14,000 forms in the three days from November 23-25, 2018 using the advantage of the government holidays.”

 
This initiative and drive was designed and implemented by CJP community volunteers Keramat Ali, Baharul Islam (who is also general secretary,  Biswanath District, AAMSU),  Irfan Ali (working president,  Baghmari Local Committee,  AAMSU).  The program was attended and supervised by Major Mubarak Ali, CJP Volunteer Motivator, Sonitpur, Shaiiz Uddin Ahmed,  advocate, Gauhati High Court,  Rihan Akhtar and Zamser Ali on behalf of the State team of CJP.
 

Related Articles:

CJP Launches App to aid in Filing NRC Claims in Assam

CJP in Action: No hurdle too big for our Volunteer MotivatorsOur work with those excluded from Assam’s NRC persists

CJP in Action: Words of Encouragement pour in as CJP’s NRC Helpline rings off the hook!Assam Press shares our TOLL FREE number to help people

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