CAA NRC NPR Conundrum

The Citizenship Amendment Act, 2019 which came into force through the notification published by the Central  Government in the Official Gazette on 10th January 2020. The Act seeks to amend the definition of illegal immigrants for Hindus, Sikh, Parsi, Buddhist, and Christian immigrants from Pakistan, Bangladesh, and Afghanistan, who have lived in India without any documentation. Therefore, by the virtue of the said Act, they would be granted fast track Indian Citizenship in the country. 

The main objective of this piece of legislation is to safeguard the persecuted minorities of these communities in three countries. On account of the selected three countries already having a state religion, these communities are subjected to persecution. Therefore, in compliance with the principle of non-refoulement by the virtue of which a country wherein a victim of persecution is taking refuge cannot send him back to the country where again he/she would be subjected to the persecution be it religious or political. 

So with an intention to make India a safe haven for these persecuted people who would otherwise be subjected to huge amounts of injustice if turned back to their own country, have been the reason as to why CAA has been incorporated.

The conundrum prevailing the CAA was not yet shed, that rumors went further linking CAA with National Registrar of Citizens (NRC) and National Population Register (NPR). They started linking certain sections of CAA with NRC and NPR. However, there has been huge clarity over the fact that nowhere in the Act, it has been mentioned that it will terminate the citizenship of any person. 

Moreover, with respect to the communities excluded from this beneficial legislation, nowhere has there been any ruled out possibility which includes that other persecuted communities will be not be granted citizenship. This Act aims to provide fast track citizenship to the specified communities but however, not at any point in time does it rule out giving citizenship who applies via the procedure applied in law. 

The purpose of passing this beneficial legislation has been well though after having paid due consideration to the problem of infiltration and illegal citizens in the country. The purpose of the Act is to consolidate Indian citizenship ensuring the liberties and rights of freedom, equality, political power, and security of the citizens. In enables the acquisition of Indian citizenship. 

However, if we attempt to understand the backdrop in which such an act was incorporated, it becomes imperative to quote the Kargil war, which made the realization dawn upon the authorities and identify the lacuna in the national security. 

 

In the aftermath of this, there was a review committee that was formed in the state of Jammu and Kashmir.  The role of illegal immigrants was supposed to have led to the situation and therefore the recommendations which came from the committee were to ensure the compulsory registration of the citizens which should be included in a national register. 

There was another recommendation that followed which necessitated making unique identification cards for citizens and colored cards for non-citizens of India. These exercises were recommended to start from border areas up to 20 km. There was an added proviso which called for the extension of the 20 km stretch to the internal areas as well. Many of such recommendations have already been accepted.

Under the Citizenship Rules, 2003, the NPR- a register of residents of the country was prepared under the provisions of the Act, at the local, sub-district, district, state, and national administrative level. In 2010 the demographic data for the entire country was also digitized thereby creating an electronic database of 118 crore persons. Therefore, there is only a need of updating this list. 

The difference between NRC and NPR is that an NPR is a register that records the number of people who live in India and hence no documentation or any kind of proof is essential. While when it comes to NRC, it is a register that maintains the records of the people who are Indian Citizens therefore the proof of citizenship becomes all the more requisite. 

The purpose of the former is to ensure the improvisation of demographics and enabling them to avail of all the requisite facilities of the Government schemes. Whereas the latter is basically aimed at keeping a check on the illegal immigration which finds a mention in the Assam Accord. 

This misconception has resulted in added fears, agitation, rioting, and arson at many places all over the country. Such rumors have brimmed despite any provisions of inclusion or exclusion of any community on the basis of the religion.

According to the Citizenship Rules, 2003, the Center can issue an order to prepare the NPR and create the NRC from the data gathered in the National Population Register (NPR). It further says no new rules or laws are needed to conduct this exercise in the whole of India. So how can a new amendment - CAA 2019 - create challenges in this context?

The CAA 2019 has a more humane approach which the protestors are overlooking. One can ask, do the persecuted and oppressed need not be be given an identity and a dignified place in Indian society? It is important to note that in CAA, NRC, or NPR, there is no rule or even a mention of terminating citizenship on the basis of religion.