NRC Assam NRC | SabrangIndia News Related to Human Rights Wed, 23 Oct 2024 05:00:25 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png NRC Assam NRC | SabrangIndia 32 32 Assam citizenship crisis: Aadhaar and the shadows of exclusion and administrative labyrinth https://sabrangindia.in/assam-citizenship-crisis-aadhaar-and-the-shadows-of-exclusion-and-administrative-labyrinth/ Wed, 23 Oct 2024 05:00:25 +0000 https://sabrangindia.in/?p=38357 Aadhaar access restored by union government for some, but the fight for citizenship rights continues

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

]]>
On August 28, 2024 the Assam government had announced a long-awaited decision to unlock the biometrics of 9,35,682 individuals, allowing them to finally receive their delayed Aadhaar cards after five years of uncertainty. The unlocking of biometrics for 9.35 lakh people during Assam’s NRC process has brought a long-awaited relief to many. However, for countless others, the damage—financial, emotional, and social—has already been done. The five-year ordeal has disrupted lives, as individuals have been deprived of Aadhaar cards, a crucial document required for accessing government benefits, bank accounts, and conducting basic financial transactions.

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.

 

Related:

Eviction tragedy in Assam: Two killed during eviction drive as police firing sparks allegations of government bias

Assam government’s efforts to intensify crackdown on “Suspected/Declared Foreigners” sparks fears of brute targeting & rights denials

New Assam Muslim Marriages & Divorces Bill: Reform or politics?

Assam: Partial relief, over 9 lakh people to get Aadhaar card, serious questions for excluded 18 lakh

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

]]>
CJP Victory! Sarathi Arjya declared Indian after 3-year long battle https://sabrangindia.in/cjp-victory-sarathi-arjya-declared-indian-after-3-year-long-battle/ Fri, 04 Oct 2024 07:29:31 +0000 https://sabrangindia.in/?p=38089 From wrongful accusations to a triumphant verdict, Sarathi Arjya’s case sheds light on the relentless pursuit of justice for Assam’s Bengali-speaking population.

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

]]>
In a monumental victory for justice, Sarathi Arjya, a humble resident of Jaraguri village in Assam’s Bongaigaon district, has finally been declared an Indian citizen after an arduous three-year legal battle. This triumph, achieved with the unwavering support of the Citizens for Justice and Peace (CJP) team, brings much-needed relief to Sarathi and her family.

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.


Related:

Maharashtra: Six more complaints filed against hate offenders by CJP

Demolitions: SC orders status quo on Sonapur demolitions, issues notice to Assam Government Uttarakhand, UP, Gujarat also ignore Sept 17 order

Eviction tragedy in Assam: Two killed during eviction drive as police firing sparks allegations of government bias

Assam government’s efforts to intensify crackdown on “Suspected/Declared Foreigners” sparks fears of brute targeting & rights denials

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

]]>
CJP impact! CJP legal team aid Ranjina Bibi, defy all odds to prove her citizenship https://sabrangindia.in/cjp-impact-cjp-legal-team-aid-ranjina-bibi-defy-all-odds-to-prove-her-citizenship/ Sat, 24 Aug 2024 06:57:02 +0000 https://sabrangindia.in/?p=37459 Ranjina Bibi claims victory after year-long battle in the Dhubri Foreigners Tribunal where she was recently declared Indian, suspension of her citizenship was overturned

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

]]>
In a quiet village of Ramraikuti, Assam, lives Ranjina Bibi, a 34-year-old woman who had built her life around her family—her husband, Anowar, and their three children. Ranjina Bibi was married at a young age, and had later enrolled her name in the voter list of Assam after having reached the legal age. Anowar, a Deshi Muslim man, worked tirelessly at a saw mill in West Bengal, all in the hope of providing a better future and education for their children. But this simple dream was shattered when a Reference Case notice arrived at their doorstep, accusing Ranjina of being an illegal immigrant in the land where her ancestors had lived for generations.

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:

 

Related:

Assam CM communal speech, calls local districts in Assam ‘tiny Bangladesh’

CJP Impact! Justice served at last as elderly Muslim couple from Assam gets declared citizen of India by Foreigners Tribunal

Justice delayed, life denied: Rahim Ali’s citizenship vindicated posthumously

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

]]>
In the face of mounting obstacles, CJP provides ongoing hope to citizens https://sabrangindia.in/in-the-face-of-mounting-obstacles-cjp-provides-ongoing-hope-to-citizens/ Wed, 25 Oct 2023 09:49:07 +0000 https://sabrangindia.in/?p=30592 CJP intervenes as marginalised man faces racism, bias in his struggle to prove his citizenship

The post In the face of mounting obstacles, CJP provides ongoing hope to citizens appeared first on SabrangIndia.

]]>
In a secluded corner of Assam, CJP’s steadfast dedication persists, even as the challenges faced by marginalised Indians multiply amidst the citizenship crisis in Assam. In this vein, a new draft voter list has been released in the state by the Election Commission of India, Assam, which has ironically become a source of injustice and anguish for many people.

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.

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.

Related:

Dalit woman declared as ‘Doubtful Citizen’, CJP steps in to help 

CJP की मदद से 97 साल की महिला को नागरिकता संकट से राहत

CJP moves NCM against arms training camps, weapon distribution events in Assam and Rajasthan

Family forced to prove deceased member is not a foreigner!

The post In the face of mounting obstacles, CJP provides ongoing hope to citizens appeared first on SabrangIndia.

]]>
97-year old left in legal limbo as lawyer abandons case, CJP comes to the rescue https://sabrangindia.in/97-year-old-left-in-legal-limbo-as-lawyer-abandons-case-cjp-comes-to-the-rescue/ Fri, 04 Aug 2023 11:53:14 +0000 https://sabrangindia.in/?p=29006 With hope nearly drained, Basu Bewa felt paralysed by despair and fear as her lawyer remained unresponsive. However, relief came when the CJP intervened to assist her.

The post 97-year old left in legal limbo as lawyer abandons case, CJP comes to the rescue appeared first on SabrangIndia.

]]>
In another of CJP’s weekly visits, the team came across an old, frail woman suspected of being a foreigner born in Cooch Behar district of West Bengal. Now living in Ramtaikutir in Dubhri district of Assam, Basu Bewa, a 97-year-old victim of the citizenship crisis, who has endured a year of fear and isolation after receiving a Suspected Foreigner Notice. Her case was being handled by an advocate who had previously fought for justice in Moyna Barman’s case. Moyna Barman had recently passed away. However Barman, despite being in her 90s, had gotten herself proven an Indian despite all odds with the help of CJP.

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.

Related:

Assam CM sparks outrage for remarks on ‘Miya’ Community, criticised for divisive language

CJP’s arduous task of rehabilitating citizens continues unabated

CJP Impact: Omesha bibi, another marginalised woman suspected of being a foreigner, declared Indian!

Resolute and Determined: CJP Assam makes headway through 2023

The post 97-year old left in legal limbo as lawyer abandons case, CJP comes to the rescue appeared first on SabrangIndia.

]]>
Detention Camp Victim Dulal Paul’s family finally accepts body https://sabrangindia.in/detention-camp-victim-dulal-pauls-family-finally-accepts-body/ Wed, 23 Oct 2019 09:05:03 +0000 http://localhost/sabrangv4/2019/10/23/detention-camp-victim-dulal-pauls-family-finally-accepts-body/ The family of 65 Dulal Chandra Paul have finally accepted his body for performing his last rites, almost 10 days after he breathed his last at the Gauhati Medical College and Hospital (GMHC). Paul, who had been declared foreigner and had been incarcerated at the Tezpur Detention Camp reportedly suffered from diabetes and a heart […]

The post Detention Camp Victim Dulal Paul’s family finally accepts body appeared first on SabrangIndia.

]]>
The family of 65 Dulal Chandra Paul have finally accepted his body for performing his last rites, almost 10 days after he breathed his last at the Gauhati Medical College and Hospital (GMHC). Paul, who had been declared foreigner and had been incarcerated at the Tezpur Detention Camp reportedly suffered from diabetes and a heart condition.

NRC

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:

 

 

The post Detention Camp Victim Dulal Paul’s family finally accepts body appeared first on SabrangIndia.

]]>