Facing criticism, Modi govt set to give a human touch to Assam NRC

The Narendra Modi government is all set to give a human touch to the ongoing NRC exercise in Assam after facing criticism from the UN bodies over the alleged human rights violation during the entire process of detecting foreigners. The government's move also comes in the wake of criticism over the the scrapping of Article 370 and bifurcation of Jammu and Kashmir state.

With the Supreme Court refusing to extend the deadline of the final NRC list and no permission given for further looking into fresh inclusion or deletion, the government is thinking of bringing a legislation to make the NRC an error free exercise and to give people declared as foreigners all chance to prove their identity and not to drive them out of their home.

The United Nations Human Rights Council (UNHRC) had lambasted the government in its two reports—in its report in December last year and its rapporteur’s unprecedented warnings made in July. The reports had alleged lack of granting minimum basic rights to the people being taken to court as foreigners or being confined in camps. THE WEEK reported recently that the UNHRC had also criticised the Modi government for not giving explanation to their worries.

Foreign minister S. Jaishankar recently visited Bangladesh where he discussed the bilateral relation with his counterpart. Sources said the NRC issue cropped up during the discussion where Jaishankar mentioned the mater as “an internal issue of India”.

He, however, assured Bangladesh government that India would take all precautionary measures to ensure that no innocent person is stamped as foreigner and deported to Bangladesh. The Bangladesh government also reportedly raised the worries of such a mass level deportation to their country by India.

As per the grand plan, the Union home ministry, under the stewardship of Amit Shah, has issued guidelines to Assam government on the measures to be taken after the NRC list comes out on August 31. The free legal aid to be provided by the Assam government would be one of them. Shah met Assam Chief Minister Sarbananda Sonwal earlier this month and discussed the issue.

As per the government's plan, nobody who is found out of the list after August 31 would be arrested and put behind bar. They would also not be deprived of their basic amenities and rights on property. Even their children would not be disallowed of their right to education and other citizenship rights. All of them will continue to enjoy their benefit till they end up fighting their cases—positively or negatively—or find a state to live in. All such measures will be along with the citizenship bill which the central government would bring to parliament to give citizenship to non-Muslims.

Said a senior Assam government official, “We have been asked not to put anybody stateless even if they are declared as foreigners. It would be our duty to give them facilities till they find their country.”

However, both the Centre and the Assam government would have little power or authority to change the things because the NRC is being worked on the guideline and instruction of the Supreme Court. In order to make a valuable change to give relief to the people, the central government would have to bring a legislation which, according to sources, would be done in the future. The required legislation would also help scores of people get redressal at the high court if necessary. But since most of the petition would be writ in nature, the high court is not likely to accept any fresh evidence and could best send the matter back to the tribunal for redressal with views of errors only.

The central government is also considering whether such petition against the tribunal order could be considered as the appeal or not.

“In that case they would have to amend the 1964 order,” said Burhanoor Rahaman, senior advocate of Guwahati High Court.

Special director general of the Assam Border police, Bhaskar Jyoti Mahanta, said that his department was working fast to make the inquiry into foreigners cases much more efficient. Many technocrats from IITs and IIMs have been absorbed to computerise all the data to make the inquiry very efficient.

“For last one year my department has not referred any case to the tribunal. I am now working on the foolproof, neat and clean inquiry where there would be no complaint. For that, we have hired technocrats from the premier institutes,” said Mahanta.  

All these are attempt on the part of the Center to quash allegation of international community that India showing harsh attitude towards Muslims in Assam.