A victory against injustice

After months of relentless efforts by CJP’s legal team, the Foreigners Tribunal finally ruled in Micharan Bibi’s favour, officially declaring her an Indian citizen. The tribunal recorded evidence on March 14, 2024 and February 15, 2024, during which Micharan Bibi and her witnesses testified. The final arguments were heard on November 5, 2024, and the tribunal delivered its order on December 10, 2024.

The moment she received the judgment, she was overwhelmed with emotion. “I am an Indian, yet they harassed me! For a year, I couldn’t sleep or eat properly, but you always stood by me,” she said tearfully, expressing gratitude to the CJP team for their unwavering support.

To commemorate this hard-fought victory, representatives from CJP’s Team Assam, including Assam State Incharge Nanda Ghosh and legal team members Advocate Dewan Abdur Rahim and Sohidul Hussain, visited Micharan’s home to personally hand over the official order copy. Their presence underscored the significance of this triumph—not just for Micharan, but for all those who continue to face similar challenges.

Who is Micharan Bibi?

Micharan Bibi was born around 1950 to Kasem Ali (also known as Kasem or Kasam Ali) and Daliman Bibi (also known as Daliman) in Salmara Gaon, a village that was originally part of Bijni Police Station but now falls under Manikpur Police Station in Bongaigaon District, Assam (formerly part of undivided Goalpara). She spent her childhood and early years in the same village.

Her father passed away around 1980, followed by her mother’s death in 1981.

In 1971, Micharan Bibi married Abdul Khalek, son of Mahej Sheikh, from Salmara Gaon. After marriage, she moved in with her husband and his family in the same village, where she continued to reside under Manikpur Police Station, Bongaigaon District, Assam.

A nightmare unfolds

Micharan Bibi’s ordeal began when she received a shocking notice from the authorities in 2022, accusing her of being an illegal entrant, a foreigner. This notice came nearly 18 years after the case was registered in 2004, exposing a serious procedural lapse. The notice was also barred by limitation. The initial 2004 investigation was also found on examination to have inherent flaws as several such “preliminary investigations” and “inquiries” have been found to. Reports are often filed without any efforts from the Assam border police of thorough investigation or verification of facts, and the same applied in Micharan Bibi’s case too.

The notice instilled deep fear and anxiety in her, disrupting her daily life and leaving her sleepless and unable to eat properly.

The case against her was fraught with serious procedural lapses. It was Micharan’s claim that the investigating officer (I/O) responsible for verifying her citizenship submitted a fabricated inquiry report without conducting any proper investigation. The officer neither visited Micharan’s residence nor interviewed any witnesses. Instead, the report was based on false statements, making baseless allegations against her. Throughout the process, Micharan consistently denied the accusations, asserting her rightful Indian citizenship.

Team CJP Assam with Micharan Bibi outside her home

CJP’s legal intervention and the fight for justice

Recognising the injustice she faced, Citizens for Justice and Peace (CJP) stepped in to provide Micharan with much-needed legal aid and support. CJP’s legal team of Assam meticulously built her defence, challenging the flawed I/O report and presenting irrefutable evidence proving her Indian citizenship.

One of the key arguments presented by CJP’s legal team was that Micharan’s name appeared on the electoral rolls—an undeniable indicator of Indian citizenship. Additionally, they provided substantial documentary proof, including records establishing her family’s long-standing presence in India. Her parents’ and grandparents’ names were found in both voter lists and land records, reinforcing her legitimate status as a citizen by birth and also of being a permanent resident of Assam.

Moreover, CJP’s lawyers pointed out a significant legal lapse: the case against Micharan was time-barred and limited by delay. Although it had been registered in 2004, she was only served the notice in 2022—an unacceptable delay under the law.

Enduring hardship: A road accident amidst the legal struggle

As if the legal battle was not distressing enough, Micharan suffered a severe setback when she was involved in a road accident while traveling to attend proceedings at the Foreigners Tribunal. The accident resulted in serious injuries to her legs and hands, leaving her bedridden for nearly two months. Her already fragile emotional state worsened as she endured immense physical pain while simultaneously battling the system to reclaim both her identity and dignity.

Details of the order of the Foreigners Tribunal

The Foreigners Tribunal No.1, Bongaigaon, Assam, delivered its order on December 10, 2024, declaring Micharan Bibi, wife of the late Abdul Khalek and daughter of the late Kasem Ali, to be an Indian citizen. This case arose from a reference made under Rule 2(1) of the Foreigners’ (Tribunal) Order, 1964, wherein the tribunal was required to determine whether Micharan Bibi was a foreigner who entered Assam after March 25, 1971. The proceedings were based on the provisions of the Foreigners Act, 1946, under which the burden of proving citizenship rests on the person accused of being a foreigner.

During the proceedings, Micharan Bibi presented fourteen crucial documents in support of her claim of being an Indian citizen. These included an extract from the 1951 National Register of Citizens (NRC) listing her grandfather, father, mother, and aunt, as well as certified copies of voter lists from 1966, 1971, 1997, 2006, 2011, 2015, and 2022, documenting her family’s continuous residence in Assam and her own inclusion as a voter.

Additionally, she submitted her Electoral Photo Identity Card (EPIC), a Panchayat Certificate from the Secretary of No. 4 Nowapara Gaon Panchayat confirming her long-standing residency, and a School Certificate dated March 22, 1994, issued by the Head Teacher of Barbakhara L.P. School, which verified her studies and confirmed her father’s identity as Kasem Ali.

The tribunal examined whether Micharan Bibi had successfully proven two key points: that she was the daughter of Kasem Ali and Daliman Bibi and that her parents were Indian citizens residing in Assam before March 25, 1971. The tribunal relied heavily on her School Certificate, which listed her as the daughter of Kasem Ali of Salmara village, a fact corroborated by the school’s admission register from 1956. Furthermore, voter lists from 1966 and 1971 containing her parents’ names solidified her claim of lineage. The 1951 NRC entry, along with the voter lists, established that her father and mother had been residents of Assam well before the cut-off date, making them Indian citizens. Since Micharan Bibi was their daughter, she too was deemed an Indian citizen by birth. The tribunal also noted that she had consistently participated in elections from 1971 onwards, even after the case had been registered against her, further reinforcing her status as a legitimate Indian citizen.

After considering all the evidence, the tribunal ruled that Micharan Bibi had successfully discharged the burden of proof required under Section 9 of the Foreigners Act, 1946. It concluded that she was not a foreigner and had been wrongfully accused of being an illegal migrant.

This case underscores the systemic failures in Assam’s citizenship verification process, where individuals, particularly from marginalised communities, are often wrongly accused of being foreigners due to procedural errors and fabricated reports. The judgment not only restores Micharan Bibi’s legal identity and dignity but also highlights the critical role of legal intervention in preventing wrongful exclusions. Her case sets a significant precedent for others facing similar challenges under Assam’s Foreigners Tribunal system.

The order can be viewed here.

The broader impact of CJP’s work

CJP’s relentless efforts in Assam have provided a lifeline to hundreds of individuals and families trapped in the quagmire of Assam’s citizenship crisis. With a dedicated network of community volunteers, district-level motivators, and legal professionals, CJP offers paralegal assistance, legal counselling, and full-fledged legal representation to those unfairly accused of being foreigners.

In Micharan Bibi’s case, CJP’s legal team left no stone unturned in their fight to establish the truth. Their dedication ensured that an elderly woman, unjustly branded as a foreigner, was finally able to reclaim her rightful place as an Indian citizen.

Her story stands as a powerful reminder of the ongoing battle for justice in Assam. It exemplifies the impact of committed advocacy in defending the rights of the marginalised and resisting systemic injustices. As Micharan poignantly stated, “I may not be able to give you anything in return, but the Almighty will bless all of you.”

CJP’s work continues, one case at a time, bringing hope to those left vulnerable by a deeply flawed system and reaffirming the fundamental right to citizenship and dignity for all.

Related:

Relentless Pursuit of Justice: CJP’s Advocacy for Citizenship Rights in Assam

CJP triumphs in securing bail for Assam’s Sahid Ali: A step towards restoring citizenship

Tragic victory: Citizenship restored for Assam’s Sabaruddin after his passing

Assam citizenship crisis: Aadhaar unlocked, lives shackled

The post Citizen, Not Foreigner: Micharan Bibi’s citizenship restored after year-long battle appeared first on SabrangIndia.

During the hearing of February 25, the case of Ajabha Khatun was mentioned before the court, with senior advocate Aparna Bhat stating that the challenge against the Foreigner Tribunal’s order declaring Khatun to be foreigner remains pending in the Gauhati High Court. She emphasised that since the High Court has yet to consider her case, any final order of deportation against her would be legally untenable. The counsel further argued that without the exhaustion of legal remedies, deportation would amount to a grave miscarriage of justice, particularly given the procedural and evidentiary flaws in the Tribunal’s decision.

The Supreme Court bench comprising Justices Abhay Oka and Ujjal Bhuyan acknowledged that Khatun’s case is still under judicial consideration at the High Court level. Given this, while the Supreme Court declined to pass any interim relief at this stage, the case has been kept pending. Moreover, the SC and asked the counsel for Khatun to seek the appropriate orders from the High Court itself. Consequently, no formal notice was issued in her case. However, the order serves as an important legal nudge, as it can now be used to urge the Gauhati High Court to expedite hearing of her appeal from the order of the Foreigner’s Tribunal. The interim relief sought is stay her deportation until her case is fully heard. This is critical because a wrongful deportation, even before judicial review is complete, would violate fundamental rights, including the right to life and protection from arbitrary state action.

The court stated in its order that “The learned senior counsel appearing for the applicant pointed out that the name of the        applicant figures at serial no.18 on the list submitted by the Government of Assam of the foreigners who are to be deported. She states that the applicant has challenged the order of the Tribunal declaring her as a foreign national by filing a writ petition before the High Court. If that be so, it is for the applicant to seek appropriate interim relief from the High Court in that behalf. Therefore, at this stage, we are not passing any order on this Application.”

In the original Rajubala Das v. Union of India case, the Supreme Court directed the Assam government to submit a comprehensive list of individuals facing deportation by March 17, 2025. This directive underscores the need for transparency in the process and ensures that the state accounts for each detainee’s status before proceeding with any deportation.

SG Tushar Mehta had, during the hearing, requested for some time to provide the Court with the decision of the executive in regards to the issue of deportation. The case is now scheduled for a further hearing on March 21, 2025, where the fate of many, including Ajabha Khatun, will be closely examined.

In the order, the Bench stated “Shri Tushar Mehta, learned Solicitor General, on instructions, states that the issue of deportation of the foreigners which arises in this Petition is being dealt with at the highest executive level and if time is granted, he will place on record the decision taken by the appropriate authority. We grant him time till 21st March, 2025.”

The order of February 25, 2025 may be read here.

Senior counsel Aparna Bhat argued the matter in the Supreme Court assisted by advocates Srishti Agnihotri and Sanjana Thomas. Advocate Mrinmoy Dutta leads the CJP’s team in Assam and is arguing the matter in the Gauhati High Court.

Why was this impleadment essential?

The case of Ajabha Khatun exposes the deep flaws in Assam’s citizenship determination process, where individuals are arbitrarily declared foreigners and detained without substantive proof. Khatun, a resident of Assam, has been held at the Matia Detention Camp despite a lack of evidence linking her to any foreign country. She is among the 63 detainees the Assam government claims are foreigners and must be deported—a claim that has been challenged for its lack of legal and evidentiary basis.

The state’s affidavit, submitted in court, asserts that 270 persons, including 63 from Bangladesh, are currently detained at Matia. In past hearings, including one on January 22, 2025, Assam has repeatedly argued that none of these detainees are Indian and that deportation is warranted. However, when directly questioned by the Supreme Court on February 4, 2025 about the country of origin of these detainees, the Assam government’s counsel erroneously insisted that all were declared foreigners—a claim that lacks evidence and legal credibility.

Khatun’s case is part of the broader legal challenge against arbitrary detentions of individuals declared foreigners by Foreigners Tribunals in Assam. The original petitioner, Rajubala Das, had sought directives preventing Assam authorities from detaining individuals without demonstrating a realistic possibility of deportation. Ajabha Khatun, detained in Matia Detention Camp, has filed both an Impleadment Application and an Application for Directions to challenge the order facilitating her deportation. She argues that she is an Indian citizen and that the Tribunal’s decision was marred by procedural and evidentiary irregularities.

Denial of fundamental rights in Ajabha Khatun’s case

Ajabha Khatun’s case, once again, highlights the systematic denial of fundamental rights to individuals declared foreigners by Assam’s Foreigners Tribunals (FTs). In her case, her denial of rights began in 1997, when the Electoral Registration Officer (ERO) for Barpeta Assembly Constituency doubted her citizenship and forwarded her case to SP Barpeta (Competent Authority) under the Illegal Migrants (Determination by Tribunals Act, 1983/The Foreigners Act, 1946 and Rules made thereunder. The Foreigners Tribunal, Barpeta district passed its order declaring her non-Indian on February 8, 2019. She was arrested, however, only in September 2024 after which CJP has assisted her in filing an appeal before the Gauhati High Court. It was only after the state filed an affidavit in the original Rajubala case, providing a list of 63 detainees on February 3, 2025, through which the government erroneously informed the Court were foreigners that the CJP team found Ajabha to figure on the list (serial number 18).

Since her citizenship had been doubted and the question of whether the said Ajabha Khatun was a citizen of India or not remained unanswered, her right to cast a vote has been put in abeyance. Notably, while her constitutional rights to vote were snatched away, the ERO inquiry report which does not record any reasons for the arbitrary action in striking her name of the electoral rolls raised more questions than it answers.

From the moment a notice was issued against her, in 2017, she was deprived of procedural fairness—a core component of natural justice. During the FT proceedings despite the proffering of witness testimony and crucial documentary evidence, a misplaced application of burden of proof was applied, her father’s evidence deposing that she was his daughter was disregarded and she was declared non-Indian.

Additionally, it is essential to highlight that an investigation report was submitted by Local Verification Officer Dipankar Baruah to the Election Registration Officer (ERO), 43 No. Barpeta LAC. This report, marked as Annexure-A, formed the basis for the reference made against the Opposing Party. However, points 15 and 16 of Annexure-A expose glaring inconsistencies:

• Point 15 explicitly asks whether the Opposing Party (Ajabha Khatun) migrated to Assam (Yes/No), yet the LVO fails to provide any response.
• Point 16 further inquires that, if the Opposing Party did migrate—about the place of origin (State or Country) and the time frame of migration (before January 1, 1966, between January 1, 1966 and March 24, 1971, or after March 25, 1971). Both these critical fields are left entirely blank in the investigation report.

This omission makes it undeniably clear that the LVO had no basis in fact to substantiate the allegation of migration against the Opposing Party. If the investigating officer himself did not raise any doubts, on what basis did the ERO and Superintendent of Police (SP) initiate this reference?

With no substantive claim or evidence against the Opposing Party, the reference is arbitrary, baseless, and legally unsustainable. Ajabha’s challenge against the order of the Tribunal remains is now pending before the Gauhati High Court.

Beyond these substantive and procedural violations, Khatun’s detention at Matia Detention Camp amounts to an infringement of her right to life and personal liberty under Article 21 of the Constitution. Arrested in September 2024, she has been confined for an indefinite period without a criminal charge, in conditions the Supreme Court itself has recognised as deplorable. Furthermore, her right to equality under Article 14 has been denied, as citizenship determination processes disproportionately target marginalised communities, particularly Bengali-speaking Muslims. The denial of her right to reside and settle in India (Article 19) further compounds this injustice, as she faces the possibility of deportation despite having lived in Assam her entire life.

Besides, since 1997, her access to receive the benefit of government schemes has been limited, due to non-issuance of Aadhar cards. Since her unique identity card has not been issued by the government, basic welfare facilities, such as ration, has been out of bounds for her.

This case is further crucial because it exemplifies the larger crisis of wrongful citizenship determinations in Assam. If Khatun were to have been deported despite the absence of substantive evidence, it would have set a dangerous precedent where individuals, particularly the poor and marginalised, can be stripped of their citizenship arbitrarily. The state’s approach in this case—ignoring due process, misrepresenting facts before the Supreme Court, and failing to establish any real connection between detainees and a foreign country—exposes the structural failures of the FT system. Ensuring that Khatun’s rights are upheld is not just about her case; it is about holding the state accountable for its unconstitutional and inhumane treatment of individuals declared foreigners.

More broadly, the case underscores why every person under the threat of deportation must be allowed to exhaust all legal remedies before any steps are undertaken. Deportation is an irreversible action with life-altering consequences, often resulting in statelessness, separation from families, and denial of basic human rights. Ensuring access to legal recourse safeguards against wrongful expulsions and upholds the rule of law. Given the well-documented flaws in the FT process, the judiciary must act as a check on executive overreach, ensuring that no individual is deprived of their rights without rigorous scrutiny.

Key issues in the case

1. Arbitrary declaration as a foreigner: The applicant was declared a foreigner without substantive proof.
2. Violation of procedural fairness: The Foreigners Tribunal failed to provide a reasonable opportunity for her to prove her citizenship.
3. Lack of material linking the applicant to another country: The State has failed to establish any connection between the applicant and a foreign country.
4. Impact of wrongful deportation: Deportation could lead to statelessness and irreversible human rights violations.

Legal grounds for impleadment and directions

The applicant’s legal claims are twofold:

1. Impleadment as a necessary party: Given the direct impact of the Supreme Court’s deportation order, Ajabha Khatun must be impleaded to protect her fundamental rights as her case remains pending in the Gauhati High Court and her legal remedies have not been exhausted.
2. Application for Directions to stay the deportation order: The applicant seeks judicial intervention to halt her deportation, arguing that the Tribunal’s decision was unlawful. Since there had been no grant to interim relief by the Gauhati High Court, the applicant urged the Supreme Court to ensure that no action is taken against her till she is heard and her proofs of citizenship are appreciated.

Violation of Fundamental Rights:

1. Article 14 (Right to Equality): Discriminatory treatment in citizenship determination processes disproportionately affects marginalised communities.
2. Article 19 (Right to Reside and Settle in India): Deportation without due process violates her constitutional right to reside in India.
3. Article 21 (Right to Life and Personal Liberty): Arbitrary detention and wrongful deportation violate her right to live with dignity.

Lack of evidence for proving foreign nationality:

1. The Foreigners Tribunal’s declaration was based on procedural flaws and lacked substantive evidence. The Tribunal did not appreciate the voter rolls presented as evidence, containing her father’s name, her husband’s name as well as her own name.
2. The FT ignored her father’s testimony which flies in the face of the primary rules of Evidence under the Evidence Act.
3. The State’s assertion that her nationality is “known” –in one set of documents –while keeping that category “blank” in another —contradicts both the facts and the Tribunal’s failure to identify any foreign connection. While her name figured in the name of the 63 deemed worthy of deportation by the state, her legal remedies have yet to be exhausted and she only has a FT order against her.

Pending legal challenge before Gauhati High Court:

1. The applicant’s challenge before the Gauhati High Court (WP(C) 6626/2024) is at the motion stage.
2. Proceeding with deportation while the case is sub judice violates principles of judicial fairness.

Analysis of the Foreigners Tribunal proceedings

The Foreigners Tribunal 1^st Barpeta, Assam, in its order dated February 8, 2019, declared Ajabha Khatun a post-1971 foreigner based on alleged failure to prove Indian citizenship. However, it is the argument of the applicant that the order reveals severe procedural and evidentiary flaws:

• No independent investigation appears to have been conducted to verify her citizenship before the notice was served to her and her name struck off the electoral rolls
• Documentary evidence was disregarded without justification.
• The burden of proof was misapplied under Section 9 of the Foreigners Act, 1946.

It is essential to note that the following evidence had been submitted by Ajabha Khatun to prove her citizenship:

• Voter lists from 1966, 1970, 1989, and 1997 showing her grandfather, father, and herself as registered voters.
• Gaonburah certificates confirming familial relationships.
• Affidavits and cross-examinations corroborating her Indian lineage.

As per the applicant, the Tribunal rejected this evidence based on hyper-technical objections, without addressing the substantive proof of her citizenship. Further issues with the decision of the FT are:

• The inquiry report forming the basis of the allegations was not served on the applicant.
• The report merely stated a “suspicion” of foreign nationality without any concrete evidence.
• The ERO’s report striking her off the electoral rolls has also been from the documents available been the result of a conclusion reached without any investigation or inquiry.
• The Tribunal’s approach was inconsistent with established judicial principles requiring prima facie material before declaring a person a foreigner.

As per the applicant, the Tribunal’s decision stands in direct violation of established precedents, as it fails to establish a prima facie case. In legal proceedings, the necessity of demonstrating an initial case with sufficient evidence is fundamental to ensuring due process. By neglecting this requirement, the Tribunal undermines the legitimacy of its decision-making process. Furthermore, the absence of substantive evidence renders the declaration legally untenable. Without concrete proof to support its conclusions, the decision lacks a firm legal foundation and is susceptible to challenge. Such a deficiency not only weakens the authority of the ruling but also raises concerns about its adherence to principles of justice and fairness. The IA provides the following judicial percent’s that were violated by the FT while declaring its order:

1. Lal Babu Hussein v. Electoral Registration Officer [(1995) 3 SCC 100] – Due process requires disclosure of reasons before removing a person from voter rolls.
2. State of Assam v. Moslem Mondal (2013 SCC OnLine Gau 1) – Tribunals must ensure prima facie material exists before issuing notices.
3. Haidar Ali v. Union of India (2021 SCC OnLine Gau 683) – Recognised the perfunctory and arbitrary manner of Foreigners Tribunal proceedings.
4. Md. Rahim Ali v. State of Assam (2024 SCC OnLine SC 1695) – Authorities must have substantive grounds for suspecting foreign nationality.

Conclusion and prayer

The case of Ajabha Khatun exemplifies the systemic failures in citizenship determination in Assam. If the Supreme Court proceeds to direct deportation of those “”declared to be foreigners”, without acknowledging that at least 20 of the 63 inmates have cases pending at various Constitutional Courts, and without considering Ajabha Khatun’s case, it will result in violation of constitutional and international human rights norms. The applicant, through her interventions, had requested the Supreme Court to:

1. Implead her as Party Petitioner No. 2 in Writ Petition (Crl.) No. 234 of 2020.
2. Stay the deportation order until her case before the Gauhati High Court is resolved.
3. Scrutinise Foreigners Tribunal procedures to prevent arbitrary declarations of foreign nationality.

This case underscores the urgent need for procedural safeguards and judicial oversight in citizenship determination to prevent wrongful deprivation of fundamental rights.

Related:

Relentless Pursuit of Justice: CJP’s Advocacy for Citizenship Rights in Assam

CJP triumphs in securing bail for Assam’s Sahid Ali: A step towards restoring citizenship

Tragic victory: Citizenship restored for Assam’s Sabaruddin after his passing

Assam citizenship crisis: Aadhaar unlocked, lives shackled

The post Marked for deportation, denied due process: Ajabha Khatun, among the 63 facing detention in Assam, seeks Supreme Court’s intervention appeared first on SabrangIndia.

The citizenship crisis in Assam is a stark reality that has left countless individuals in a state of uncertainty and despair. Citizens for Justice and Peace (CJP) has engaged with those grappling with the fallout of the NRC process, revealing a deeply fragmented experience: while some individuals have finally gained access to their Aadhaar cards, many others remain in limbo, still awaiting resolution. This dissonance highlights the ongoing bureaucratic chaos and the emotional toll it takes on people, who are often caught between the hope of recognition and the fear of exclusion. The narratives shared by these individuals paint a vivid picture of the anguish that accompanies their struggle for identity and belonging in a landscape fraught with suspicion and legal ambiguity. As families grapple with their precarious status, the reality of this citizenship crisis underscores the urgent need for clarity, accountability, and compassion in addressing the rights and identities of all residents of Assam.

Broken livelihoods and shattered trust

Fazrul Hoque from Dhubri speaks to the CJP Assam team about the human cost behind the state’s administrative failures. Hoque is one of those whose Aadhar has been released by the state government. “My company didn’t transfer my salary because I didn’t have an Aadhaar. For five years, I had to use someone else’s account, and now I am fined for it. Getting my Aadhaar now is a relief, but these years of harassment—financial and mental—cannot be erased.”

Struggles of rural Assam: abureaucratic nightmare

Others, like Tanmoy Saha, remain trapped in limbo. His biometrics may have been unlocked, but his Aadhaar is still “in process.” For five long years, Tanmoy has faced numerous obstacles due to the delay. “It’s just another bureaucratic hurdle,” he shares with palpable disappointment.

Hasina Khaoon and Ariful Islam from Darrang district reflect similar frustrations. Both continue to wait for their Aadhaar cards, even after the unlocking of biometrics. “I’ve been stuck for five years because of the NRC biometrics issue,” Ariful says, clearly exhausted. “Others in the same situation have already received their Aadhaar cards, but I am still waiting.”

For many, it wasn’t just about the prolonged wait. The bureaucratic hurdles added a level of trauma, as people were forced to navigate confusing processes with little clarity or help. Noreja Begum from Chirang district recalls the additional distress of losing her biometric enrolment document during the NRC process. This led to a further delay in her Aadhaar issuance. “I couldn’t have done it without the help of CJP. They supported me through the process, and I finally have my Aadhaar, but it has been an extremely difficult journey.”

Daily life on hold: price of locked biometrics

Access to Aadhaar is more than just a document for many. It represents survival and dignity. Rina Ghosh, a mid-day meal worker earning a meagre Rs.1,000 a month, reveals how the locked Aadhaar barred her from basic government benefits. “I was eligible for Orunodoi, free rice, and MPAY housing. But because my Aadhaar was locked, I was denied these essential benefits.” The impact of this deprivation has been particularly severe in rural Assam, where government welfare schemes form a critical safety net for many families.

For others, the damage extends to their political rights as well. Anowara Khatoon from Goalpara finds herself doubly marginalised. Her voter list status is marked ‘D’ (Doubtful voter), stripping her of her right to vote, and her Aadhaar, which was delayed by the NRC process, is finally here—but the name is incorrect. “I feel like I am invisible to the system,” she says.

Humanitarian intervention and accountability

In the face of a broken system, civil and legal rights organisations like Citizens for Justice and Peace (CJP) have stepped up to help. CJP’s field team member, Habibul Bepari, recounts the stories of numerous families who were unaware of their Aadhaar status because their biometrics were locked. “One family had even lost their documents and enrolment numbers,” Bepari recalls. “We helped them retrieve the details and provided them with digital Aadhaar. The relief on their faces was overwhelming.”

But relief is not enough. Nanda Ghosh, CJP’s Assam State In charge, raises the pressing question of accountability. “Over 27 lakh people had their biometrics locked during the NRC update. For five years, they were denied Aadhaar, a basic document to which they are entitled under Aadhaar rules, which state that anyone residing in India for 182 days is eligible. What was their crime?” Ghosh asks pointedly. “The government has announced that 9 lakh people will now get their Aadhaar. But what about the remaining 18 lakh? And for the 9 lakh—don’t they deserve compensation for the injustice they endured?”

An administrative labyrinth

On August 28, 2024, Assam Chief Minister Himanta Biswa Sarma announced that the central government had decided to unlock the biometrics of 9.35 lakh people, which were locked during the NRC (National Register of Citizens) process. This would finally allow them access to Aadhaar cards, enabling them to benefit from government welfare schemes like scholarships and social assistance programs. But for many, the question remains—why did it take so long?

The delay in issuing Aadhaar cards apparently stems from a misunderstanding of a Supreme Court order. In 2019, when people excluded from the NRC draft were allowed to appeal, the Assam government collected their biometric data in collaboration with the Unique Identification Authority of India (UIDAI). The rationale was to prevent those excluded from the final NRC from obtaining Aadhaar, as Assamese nationalist groups feared that “illegal migrants” would misuse the document—even though Aadhaar is not proof of citizenship.

As per a report of Scroll, in 2022, Rajya Sabha MP Sushmita Dev filed a public interest litigation in the Supreme Court requesting that Aadhaar cards be issued to individuals included in the NRC who had not yet been assigned unique identity numbers. In response to the petition, the union government had informed the Supreme Court on October 13, 2022, that individuals included in the final NRC would receive an Aadhaar number according to the standard operating procedures approved by the Court. However, the union government had also stated that it had withheld the issuance of Aadhaar cards for these individuals because the application receipt numbers from the NRC process had not been provided to the Unique Identification Authority of India (UIDAI). As per the report of Scroll, this information is documented in an affidavit reviewed by them.

CJP’s petition on denial of Aadhaar linked to NRC in the Gauhati High Court

In 2022, Public Interest Litigation (PIL) was filed under Article 226 of the Constitution of India by Citizens for Justice and Peace (CJP) in the Gauhati High Court, seeking a writ in the nature of Mandamus or other appropriate orders regarding the failure to issue Aadhaar cards to eligible citizens. As per the petition, this failure stems from the unjust practice of linking Aadhaar enumeration with the NRC process, which has disproportionately affected marginalised and underprivileged communities, particularly in Assam.

Key concerns raised in the petition:

• CJP emphasizes that the non-enumeration of Aadhaar, mandated under Section 7 of the Aadhaar Act (2016), denies access to essential financial subsidies, government services, and welfare schemes. This exclusion primarily impacts those left out of the NRC draft, even though the Aadhaar Act does not link Aadhaar enrolment with citizenship.
• The petition further highlights violations of the Aadhaar (Enrolment and Update) Regulations (2016), especially Regulation 12, which requires state agencies to ensure Aadhaar enrolment for beneficiaries through proactive measures like setting up enrolment centres. However, in Assam, Aadhaar enrolment has been delayed, with many of those who were initially excluded from the NRC still without Aadhaar identification.

Thereafter, it is crucial to also highlight that the Citizens for Justice and Peace (CJP) had also intervened in the Sushmita Dev v Union of India case [WP (C) No(s).1361/2021] in the Supreme Court since a similar petition of theirs had also been filed in the Gulati High Court. It was highlighted by the CJP that it sought to intervene in the said Writ Petition due to its significant interest in the matter, particularly concerning the implications of linking Aadhaar enrolment with citizenship rights and the NRC process.

Through the Intervening Application, CJP had raised the following key prayers before the Supreme Court-

1. A writ of certiorari to quash any decision blocking Aadhaar enrolment for individuals excluded from the NRC Draft published on July 30, 2019.
2. A writ of mandamus directing Aadhaar enrolment for all persons excluded due to their non-inclusion in the NRC process.
3. Interim relief ensuring that those excluded from Aadhaar due to the NRC process are not deprived of government schemes, welfare measures, banking activities, or the use of PAN cards during the pendency of the petition.

CJP had, through its application, shown its particularly concern about the Union of India’s proposed modalities that link Aadhaar enrolment to the NRC process, potentially affecting both citizens and non-citizens. The Applicant had believed this linkage could cause grave prejudice to the rights of those excluded from the NRC.

This came after the petition that CJP had filed in the Gauhati High Court.

CJP’s grassroot-level work in Assam

CJP’s work has been a crucial intervention in addressing the struggles of marginalised populations, especially in rural areas, with 62% of the affected being women. Through paralegal and legal aid, CJP’s Assam team has provided support to tens of thousands of people who were left out of the NRC’s provisional final list in 2018, which had caused widespread panic and distress among Assam’s population.

In addition to this ground-level work, CJP had also set up a toll-free helpline to assist those struggling to file claims and corrections during the NRC process. Many of these individuals, even after their inclusion in the final NRC list, still lack Aadhaar cards, making them ineligible for various essential services and financial subsidies.

Details of the petition in the High Court (CJP): The petition highlights that 213 out of 300 individuals surveyed, who were included in the NRC, have still not been issued Aadhaar cards, which shows a staggering non-enrolment rate of 71%. Furthermore, even those who were excluded from the NRC have been shut out of the Aadhaar system entirely. This systemic denial of rights, despite no legal link between citizenship and Aadhaar, constitutes an arbitrary exercise of power by the authorities, further deepening the marginalisation of Assam’s poor and agrarian populations.

CJP also underscored the humanitarian aspect of their work, especially during the COVID-19 pandemic. In addition to providing relief materials, the team has helped families of detainees in Assam’s detention centres secure their release after the Supreme Court directed the release of inmates who had completed two years of detention. This work involved navigating complex bail formalities for over 50 individuals.

The petition filed in the High Court also firmly argues that citizenship and Aadhaar should not be linked, especially given that Aadhaar is required for critical services like banking and government benefits. The ongoing denial of Aadhaar to those excluded from the NRC is a violation of their fundamental rights under Part III of the Constitution, particularly as the Aadhaar Act itself does not base eligibility on citizenship. If left unaddressed, this exclusion will lead to the continued disenfranchisement of millions, with estimates suggesting that as many as 40 lakh individuals in Assam may still be without Aadhaar.

The petition concludes by urging the Gauhati High Court to issue directions to the authorities to ensure the immediate issuance of Aadhaar cards to all eligible persons, including those excluded from the NRC, so that they may access the full range of benefits and services under government schemes. It calls for the removal of arbitrary barriers and urges the authorities to comply with the mandates of the Aadhaar Act, ensuring that the rights of marginalised populations are upheld in both letter and spirit.

An admission of error: Years too late

According to the Scroll’s report, in July 2023, after three years of relentless pressure, Assam’s home department had finally admitted to misinterpreting the Supreme Court’s directions. The officials acknowledged that there was no legal basis for withholding Aadhaar cards, resulting in over 9 lakh people being denied essential entitlements for half a decade.

This admission of error, however, does little to console those affected. There is also confusion regarding the actual number of people whose biometrics were blocked. While the Assam government initially reported that 27.43 lakh individuals had their biometrics collected during NRC re-verification, officials now state that only 9.35 lakh actually did. This miscalculation further highlights the inefficiency and administrative chaos that has plagued the Aadhaar-NRC debacle.

Living in limbo

The unlocking of biometrics raises another uncomfortable reality for many in Assam—those who were excluded from the final NRC can now get Aadhaar cards, but their citizenship status remains in limbo. Without official rejection orders from the NRC, these individuals cannot appeal their citizenship cases in foreigners’ tribunals. In this odd legal paradox, they are given access to Aadhaar while simultaneously being marked as stateless, adding another layer of uncertainty to their lives.

The road ahead

Despite the unlocking of biometrics, the struggle for justice in Assam is far from over. While the recent announcement brings a measure of relief to many, it also exposes a labyrinth of unresolved issues that have persisted for years. Questions about transparency, accountability, and compensation remain pressing concerns for those affected by the NRC process.

For individuals like Fazrul Hoque from Dhubri and Anowara Khatoon from Goalpara, the unlocking of their biometrics signifies more than just the potential to access government benefits; it represents a long-awaited acknowledgment of their identity and citizenship. Anowara’s frustration is compounded by the fact that her voter status is marked ‘D,’ effectively disenfranchising her despite her new Aadhaar card containing incorrect information.

Others, like Hasina Khaoon and Ariful Islam echo similar sentiments of confusion and frustration. Hasina is still waiting for her Aadhaar card, unsure of the reasons for the delay, while Ariful feels trapped in limbo, watching others receive their cards while he remains stuck in a bureaucratic quagmire. Noreja Begum emphasises the emotional toll and the harrowing experience of losing critical documents, while Rina Ghosh illustrates the dire consequences of being denied access to essential services due to the locked Aadhaar making her struggle even more painful.

The unlocking of biometrics has also highlighted the plight of individuals who, despite the process being completed, are still in a waiting game. Tanmoy Saha, for instance, continues to face challenges as his Aadhaar remains “in process.” His disappointment reflects a broader reality that many have endured: years of hardship without access to vital identity documents.

Moreover, the fear of selective profiling and discrimination looms large. Amidst a backdrop of politically charged rhetoric from leaders like Chief Minister Himanta Biswa Sarma, doubts persist about whether the government can truly ensure equitable access to services for all citizens, regardless of their background. This climate of suspicion undermines trust in governance and raises significant concerns about the future of citizenship and identity in Assam.

The broader implications of these issues extend beyond individual hardships. They call into question the very foundations of democracy and the principles of justice and equality that underpin it. As affected individuals continue to fight for their rights and recognition, they advocate not only for themselves but also for a more inclusive and transparent system that respects the dignity of all citizens.

In this context, accountability from the state becomes essential. Advocacy groups, including CJP, emphasise the need for comprehensive policies that address the injustices faced by those affected by the NRC process. They argue that it is crucial for the government to not only unlock biometrics but also provide compensation for the suffering endured by individuals and families during these tumultuous years.

As Assam navigates this complex landscape, the road ahead will require a concerted effort from all stakeholders—government officials, civil society, and the public—to ensure that the rights and dignity of every citizen are upheld. Only through collective action and a commitment to justice can the state begin to heal from the wounds of this prolonged crisis, paving the way for a more equitable future for all.

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The post Assam citizenship crisis: Aadhaar and the shadows of exclusion and administrative labyrinth appeared first on SabrangIndia.

Last week, CJP’s Assam state in-charge Nanda Ghosh, along with Advocate Dewan Abdur Rahim, delivered the judgment copy to Sarathi’s doorstep. Overwhelmed by emotion, Sarathi expressed her deep gratitude: “You are the true friends of the poor,” she said, her voice trembling. “We, uneducated labourers and farmers, now have hope of proving our citizenship.”

With tears in her eyes, Sarathi added, “It feels like a sin to be Bengali here. Bengali-speaking Hindus and Muslims have lived together for generations, yet we are constantly branded as Bangladeshis.”

This case highlights not just one woman’s fight for recognition, but the broader issue of disenfranchisement faced by marginalised communities in Assam.

The journey of Sarathi Arjya

Sarathi Arjya’s story begins in Daranga No. 2, a small village in Assam’s Chirang district, where she was born in 1972 to Subal Chandra Das and Rani Bala Das. Growing up in a large family with ten siblings, Sarathi was raised on values of hard work and compassion by her father, a respected member of the community. Her mother’s warmth and guidance shaped her aspirations, while her grandfather, Debendra Chandra Arjya, left a legacy of kindness and integrity that deeply influenced her.

In 1988, Sarathi married Chandra Kumar Arjya, and together they built a life in Jaraguri Part-1 and Jamdoha village, raising six children. Known for her generosity and strong sense of community, Sarathi became a beloved figure in her neighbourhood. But despite her deep roots in India, her citizenship came under question—an experience all too familiar for many Bengali-speaking families in Assam.

Beyond her personal story, Sarathi’s battle was one of asserting her right to Indian citizenship. A regular voter, she took pride in exercising this fundamental right, knowing her voice mattered. Her family’s deep roots in India are reflected in voter lists from 1966, 1989, 1997, 2005, and 2021, which include her grandfather, father, mother, and uncle – testaments to their Indian citizenship. However, the state’s increasing – and often motivated and selective – scrutiny of citizenship, often targeting Bengali-speaking Hindus and Muslims, brought her under the radar. While clerical errors may have resulted in slight discrepancies in names and ages, their identity as Indian citizens remained clear.

Proving Sarathi’s citizenship

Sarathi’s citizenship is backed by a series of robust documents. Her father, Subal Chandra Arjya, affirmed his citizenship in an affidavit in 1993, and Sarathi’s name appears alongside her parents and brothers in voter lists from 1989, 1997, 2005, and 2021, in their home village of Daranga No. 2. After her marriage, Sarathi’s name was listed in voter rolls for Jaraguri Part-1 in 1997, 2016, and 2021. She also holds an Elector Photo Identity Card (No. JGY0006632, issued in 2015), casting votes consistently—an act that reaffirms her citizenship.

Despite the occasional clerical errors in names or ages across documents, Sarathi’s identity as an Indian citizen remained steadfast. The combination of voter lists, her Elector Photo Identity Card, and other official documents paint an irrefutable picture of her citizenship.

The legal battle

Sarathi’s case was marred by false allegations. The investigating officer (IO) submitted a fabricated inquiry report without conducting any real investigation. He never visited Sarathi’s house, nor did he speak to the witnesses listed in the report. Instead, he falsely recorded statements without any actual interrogation. The inquiry report—full of inaccuracies and fabrications—labelled Sarathi as a foreigner without any solid evidence.

Despite the lack of due process, Sarathi was forced to defend her citizenship. Sarathi vehemently denied all the charges in the inquiry report. The IO failed to submit any substantial documents, such as passports or records, to prove that she was a foreign national. Moreover, Sarathi never had the opportunity to provide a formal statement, and the case had long exceeded the statute of limitations. Registered in 2009, she only received notice in 2021—12 years later. This delay made the case legally invalid, but it still took a long and gruelling court battle to prove her innocence.

Sarathi Arjya with CJP Team Assam state in-charge Nanda Ghosh, along with Advocate Dewan Abdur Rahim

Thanks to the relentless efforts of CJP’s legal team and their meticulous documentation, Sarathi was finally declared an Indian citizen.

The broader struggle

For many in Assam’s Bongaigaon district, especially Bengali-speaking communities, Sarathi’s case is a reflection of a much larger struggle. The villages of Jamdoha and Jaraguri are predominantly agricultural, but recurring floods from the Aie river wreak havoc on their lives. Many families have been living by the roadside for over five years after their homes were destroyed by floods. The COVID-19 pandemic only worsened their plight, making it difficult for displaced families to rebuild their lives.

Amidst these struggles, a new wave of harassment came during the pandemic when Bengali-speaking women, especially those from Scheduled Caste communities, began receiving notices from the Foreigners Tribunal (FT), labelling them “suspected foreigners.” Sarathi was one of those women. Without CJP’s intervention, she may have been wrongfully declared stateless, a fate that has befallen many others.

CJP has been tirelessly fighting for the rights of these marginalised communities for over seven years. The organisation continues to defend those targeted by discriminatory practices, working not only through legal channels but also by providing social support to those who need it most. The fight for justice, dignity, and citizenship is far from over.

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The post CJP Victory! Sarathi Arjya declared Indian after 3-year long battle appeared first on SabrangIndia.

The notice was a Reference Case, a terrifying document that Ranjina barely understood. She lay awake at night, haunted by the words she could hardly comprehend. “My father and grandfather were born and died on this land,” she thought, “and their names were in the 1966 voter list. What more proof could they need?”

Who was Ranjina Bibi?

Ranjina was born in Bhalabhut, a village in the Coochbehar district of West Bengal, and later married Anowar, settling in Assam. Her father, Ibrahim Sk, and her grandfather, Tasar Sk, were also born in West Bengal. Their names were present in the voter lists of 1966, and they owned land prior to the year 1971. Yet, none of this seemed to matter to a regime that appeared determined to target minorities, like Ranjina, based on their religion and surname.

In a state which is being run by Chief Minister Himanta Biswa Sarma, who makes contentious statements by openly labelling Dhubri district of Assam as a “mini-Bangladesh” owing to the presence of Muslim population, it has now become clear that the targeting of marginalised people in Assam is more than just bureaucracy. Rather, it is a deliberate attempt to marginalise and terrorise communities like Ranjina’s. But in the face of this systemic injustice, there was a beacon of hope – Citizens for Justice and Peace (CJP). CJP has become a lifeline for people like Ranjina, the team has been offering legal support and counselling to those drowning in fear and despair.

The legal battle to prove Ranjina Bibi’s citizenship

CJP reached out to Ranjina and her family, standing by them in their darkest hour. At first, Ranjina was too scared to fight back against the state and the Reference Case notice. She had heard stories of families being dragged into debt and misery by the court battles. But CJP Assam team’s unwavering support gave her the strength to reclaim her courage.

The CJP Assam legal team, led by Advocate Ishkander Azad, meticulously prepared Ranjina’s case. However, the team knew that having the right documents was just the beginning. The main task was presenting the documents in the right way, finding credible witnesses, and convincing the Dhubri Foreigners Tribunal of the merits of the arguments raised on behalf of Rajina Bibi. This was especially challenging for Ranjina, as she was born in a different state, and her father had passed away long ago. Her elderly mother, who could barely move, was her only link to the past. But CJP did not waver. The legal team brought the necessary witnesses, navigated the complex legal maze, and ensured that Ranjina’s voice was heard.

In the end, the efforts of the team paid off as Ranjina’s case was won in the Tribunal itself, and she was no longer at risk of being torn from her family and thrown into a detention centre.

Now, Ranjina spends her days helping her children with their homework, managing her household with a sense of relief she hadn’t known in months. “It feels like a heavy burden has been lifted,” she told the CJP Assam team with tears in her eyes. “I may not have much to give, but I pray that the Almighty blesses CJP for their work. They must never stop fighting for people like us.”

Assam State in charge Nanda Ghosh and Dhubri District Volunteer Motivator Habibul Bepari personally delivering the order copy to Ranjina. In Ranjina’s words, this victory of hers was a testament to the tireless work of CJP’s Assam team.

With this, another “Bibi” (a commonly used surname of Muslim married woman in Assam) was saved from the nightmare of separation from her family. Another wife, mother, sister, and daughter was spared from the cruelty of the state. In a world where justice often seems out of reach, Ranjina’s story is a reminder that with courage, solidarity, and the right support, even the most marginalised voices can triumph.

The complete order can be read below:

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The post CJP impact! CJP legal team aid Ranjina Bibi, defy all odds to prove her citizenship appeared first on SabrangIndia.

CJP’s Team Assam has been diligently reviewing this newly released draft voter list. Their primary focus has been in identifying and documenting the details of D voters for further communication. This marks the meticulous detail and dedication with which CJP adheres to ensuring human rights are protected in Assam.

Additionally, they have also been checking for any errors in individuals’ names, parent’s names, ages, and other relevant information that might be of help to people to make their case in the tribunals. Despite repeatedly encountering network issues in Assam while attempting to download the voter list, CJP’s team members struggle to aid people.

District Voluntary Motivator Habibul Bepari and Community Volunteers in the CJP team have been working efficiently to help D-voters. One such story to emerge from this ongoing citizenship crisis in Assam is that of Ashraful Sk from Jhaskal village under the Agomoni police station in the Dhubri District of Assam. Ashraful has been a lifelong resident of Jhaskal since his birth. Born and raised in this remote corner of Assam, Ashraful’s early life was marred by the lack of access to or educational opportunities due to dire poverty and lack of basic amenities that he and his family suffered with. As he grew older, to make ends meet he worked tirelessly on the family’s land. Despite many socio-economic hurdles, Ashraful was able to fend for his family and complete his duties as best he could. He has married off his daughter and his son is currently pursuing his studies, but, disaster struck when he discovered his name marked with a dreaded “D” on the voter list in 2007 as he tried to participate as a voter in the elections.

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The shock of this revelation put him in a frenzy of disbelief. Seeking to fix the issue and take part in the democratic process, he immediately visited the house of the Booth Level Officer to inquire about his status. However, his pleas fell on deaf ears as the BLO offered no response. However, he remained undeterred, and he took the matter to court multiple times and even personally visited the Election Office himself. He even tried to approach the Foreigners Tribunal and tried to find out what was the reason behind the ‘D’ status for him.

Even though he was an illiterate farmer, Ashraful remained determined. Struck by emotion during his recall, Ashraful told CJP that he was prepared to undertake any job even if it has to be bonded labour, to fix this – however resources, and endless hope remained out of his reach and he had reluctantly resigned himself to being unjustly labelled as a “D” voter.

There was no clear end to his troubles and 2019 brought a new calamity for Ashraful as his daughter sought to enrol her name in the voter list in her husband’s village. However, the BLO of that locality denied her the right to vote because of her father’s status as a “D” voter.

Desperate and helpless and in absolute panic, Ashraful approached several advocates for assistance with the hope that someone would aid him. However, advocates placed high fees and none came to his help in his time of desperation. His hopes fell further when an advocate subjected him to racial slurs. This deeply hurtful experience weighed heavily on Ashraful’s heart and compelled him to abandon hope for justice in his fight against the “D” label that had unjustly plagued him for over a decade.

The plight of Ashraful is one among many. The challenges faced by Ashraful and others in similar situations highlights the urgent necessity for affordable legal representation and a more just and humane approach to addressing such issues. In Assam, people like Ashraful battle multiple battles, including poverty, discrimination, lack of education and poor health.

In March 2021 CJP also filed a plea in the Gauhati High Court seeking directions for effective modalities for legal aid in terms of having trained panels of lawyers and adequate front offices in light of the impending appeals to be filed before Foreigners Tribunals by those excluded from National Register of Citizens (NRC) exercise in Assam. The NRC final list had come out on August 31, 2019 and since then those excluded from the list have been living a life in limbo and trying desperately to prove their citizenship and they are in dire need of legal aid.

However, CJP continues to stand as a beacon of hope. CJP has aided over 50 and counting people to regain their status as Indian after proving it in courts. The organisation, as a mammoth wave, continues its work from legal aid, everyday assistance in the process, to legal awareness workshops, thus creating a comprehensive means of tackling unawareness, helplessness and despair is undertaken by CJP’s humanitarian endeavour in Assam. CJP’s team also checks on people who are caught in the citizenship crisis, aids them in procuring their documents, and fixing any errors that may have arisen due to lack of resources, illiteracy or mistakes. Thus, their unwavering dedication to fighting injustice and discrimination remains unshaken. As new challenges emerge in Assam, such as the draft of voter list, delimitation commissions, they are determined to work against all odds for citizens, embodying the spirit of democracy and equality even in the most challenging of circumstances.

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But for Basu Bewa a lack of communication from the advocate in recent months left her and her family in distress and in despair, and very uncertain about their future.

In addition, Basu Bewa’s encounter with unknown authorities had left her traumatised. She dreaded that they might come to take her away to a detention centre, a fear that ran so deep she could no longer sleep or eat properly. The mere presence of strangers sent her trembling as she recalled the day she received the dreaded notice. It seemed like hope was slipping away from her and her family who were already living with very less means and now faced an uncertain future. Her son Abdul was in tears while narrating his mother’s circumstances.

After CJP’s team members in Assam learned about Basu Bewa’s tragic circumstances and decided to step in to offer support. Habibul Bepari, the District Voluntary Motivator (DVM) from CJP, reached out to the distraught family and assured them that they were not alone in this battle. CJP promised to communicate with the advocate handling Basu Bewa’s case and provide every possible assistance to help her.

CJP’s involvement and strong assurance brought a glimmer of hope to Basu Bewa and her family. They felt a sense of relief knowing that help was near. CJP’s visit instilled confidence in them that justice could be something that is attainable for Basu Bewa too.

With a long history of humanitarian work with people affected by the citizenship crisis, CJP’s work and dedication speaks volumes about their dedication to upholding justice and compassion. Beyond the legal battles fought in courtrooms, the team retains the heart and compassion to understand the human suffering that comes with such cases. They understand that the citizenship crisis affects a person in many ways and is not just limited to one single bureaucratic hurdle faced in court. Thereby, the team is notably equipped to assist victims with several issues, and also is constantly in touch with who are or have been in the past affected by the crisis. In the scorching heat, where uncertainty loomed over the lives of many, Basu Bewa’s story stands out as a testament to the resilience of the human spirit retrieving hope as it was almost extinguished.

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Paul, a resident of Alisinga village in Sonitpur district, had been declared foreigner in 2017. His family say he was ‘mentally unstable’ and it was wrong to declare him a foreigner.

The family refused to accept his body and perform his last rights till he was declared Indian. The body remained in the morgue for over a week! “They said he is Bangladeshi, then why should we take the body? We have all documents, how is my father Bangladeshi,” his son Ashok repeatedly asked authorities.

The family finally relented only after Assam Chief Minister Sarbananda Sonowal met the family on Saturday October 19, and personally appealed to them during a meeting with members of the All Assam Bengali Youths Federation.  

The family accepted the body on Tuesday October 22, at about 2 PM and cremation took place at about 8 PM. But the family’s troubles are far from over. Paul’s three sons are still out of the NRC, though his widow’s name has been included in the list.

Infact, in a cruel twist of fate, even the Gauhati High Court upheld the Foreigners’ Tribunal order declaring Paul a ‘foreigner’. The Gauhati HC order may be read here:

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