48 ex-IAS officers urge Modi govt to fix NRC exercise, ‘ill-conceived’ Citizenship Bill

People wait to check their names on the final draft of the Assam's National Register of Citizens
People wait to check their names on the final draft of the state's National Register of Citizens at an NRC Seva Kendra in Tezpur | PTI

Expressing concern over the NRC exercise in Assam, the group says Citizenship Bill has exacerbated the situation.

New Delhi: In yet another open letter urging the Modi government to act, a group of 48 retired civil servants Monday expressed “growing concern” over the situation unfolding in Assam, calling it a consequence of the National Register of Citizens being updated.

The group said that a situation is being “exacerbated by the ill-conceived decision of the Government of India to get the Citizenship (Amendment) Bill, 2016 passed by Parliament”.

The final draft of the NRC was published on 30 July 2018 and left over 40 lakh people ineligible for citizenship in the state.

In the letter, the former IAS officers argued that the NRC exercise in Assam has caused “a real fear among those excluded — overwhelmingly from minority groups… constituting the poorest of the poor — that they might be rendered stateless”.

The letter outlined a series of information gaps in the process, highlighting that even today there is no clarity on what the legal status and fate of those excluded from the final NRC will be.

The NRC, first published after the 1951 Census, is now being updated in a Supreme Court-monitored exercise keeping 24 March 1971 as the cut-off to identify those who immigrated to Assam illegally from Bangladesh after that date.


Also read: NRC process in next 6 months crucial for 32 lakh people in Assam, and for BJP’s poll agenda


‘Segregation’

The group said that the Supreme Court, which is monitoring the NRC process, has “endorsed this segregation”, “without any definition or directions to determine who the ‘original’ inhabitants of Assam were”.

By virtue, the “‘non-original’ applicants have been taken to mean mostly Bengali and Nepali-speaking persons and other minorities”.

For the group, the most poignant reality of the NRC exercise is the fact that those excluded from the list run the risk of being declared foreigners and “locked up in detention centres”.

Bangladesh and other neighbouring countries do not currently recognise those excluded from the list as their citizens.

There is no repatriation treaty between India and Bangladesh.

As a result, “these detentions will potentially be indefinite”, the group said. They pointed out a recent enquiry by the National Human Rights Commission (NHRC) that revealed a “chilling account” of these detention centres.

Currently, there are six detention centres in Assam set up within existing jails.

Citizenship Bill, suggested solutions

The civil servants wrote that the “ill-advised” and “flawed” Citizenship (Amendment) Bill through Parliament will exacerbate local tensions between “indigenous” and “migrant” populations.

The group added that the bill also appears to be clearly violative of Article 14 of the Constitution, denying “equal protection of the laws within the territory of India” to all persons, irrespective of citizenship.

The group suggested six points to solve the issues: A clarification of the legal status of NRC-excluded persons, a review of the claims and objections process by the Supreme Court, a discussion between India and neighbouring countries, a review of the foreigners tribunals to make them effective judicial forums for redress, and an assessment of the conditions of the detention centres for “declared foreigners.”


Also read: The Citizenship Bill complements NRC in pushing BJP’s Hindutva agenda: here’s how


Not the first time

This isn’t the first time that this group of former IAS officers has voiced its dissatisfaction with the Modi government.

In the past 20 months, the group has issued a number of letters “expressing our concern at the erosion of constitutional values in the country and the weakening of institutions” in the country.

The group has previously appealed to Prime Minister Narendra Modi on matters including the Unnao and Kathua rape cases, and the arrests of five activists in relation to the Bhima Koregaon violence.

In December last year, the group’s open letter to Modi demanded the resignation of Uttar Pradesh Chief Minister Yogi Adityanath over alleged cow slaughter in Bulandshahr.