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National registers of Citizens ( NRC ), the back story

  • OPINIONS
  • TeamPresentMirror | Updated: March 23, 2020, 12:53 p.m.




Their existence is not even acknowledged by their own country Myanmar from where they were chased after their mass violence against Buddhists there. They are called the Bengalis in Myanmar. While our beloved Didi may spread her arms to the illegal populace or the supposed vote bank, it is purely unconstitutional to do any such sort of deed.


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In a significant step against illegal immigration, the Assam government released the second and final draft of National Register of Citizens (NRC) on Monday. As per the directions of the Supreme Court, those who have entered Assam after March 24, 1971, will be viewed as illegal immigrants. Around 2,89, 83,677 were found eligible out of 3,29,91,384 applicants in the second and final draft of the NRC. And a huge 40 lakh people didn’t find their names in the NRC.
And this sets the stage for the drama that this article is to unveil. We are now pulling off the curtains off your eyes.

“Mamata Banerjee threw papers at Deputy Speaker Charanjit Singh Atwal in the Lok Sabha on Thursday after she was not allowed to speak on illegal migration of Bangladeshis into West Bengal.” “Mamata slams illegal migrants,resigns, read the headline. The papers all around carried this. This was war cry of beloved Didi who will soon be most fiery face to the race of CM in West Bengal. The date is Aug 05, 2005. What everyone forgets, the internet remembers.

"The NRC is being done with a political motive. We will not let this happen. They (BJP) are trying to divide the people. The situation cannot be tolerated. There will be a civil war, blood bath in the country," These are the comments of the same beloved Didi in favor of the same migrants who she slammed in 2005. Indeed, Didi have now become the Chief Minister of West Bengal. Indeed, Didi taught us how a state called West Bengal can change in to a Bangla. A dream ‘Bangla’, where people love to hang out, which has everything but hypocrisy. Our beloved Didi can never be hypocritical and this article stands by it.

There were multiple adjournments in the Rajya Sabha on Monday as Opposition parties created an uproar over the draft of Assam National Register of Citizens (NRC). The TMC, Congress, CPI(M) and SP opposed this list tooth and nail andcriticized the Centre strongly over the publication of the list. Ghulam Nabi Azad said it was a humanitarian issue and not a matter of any particular caste, religion or region. “This is not only about 40 lakh people, if you consider their children, families, it comes to 1-1.5 crore people,” he said, adding that the issue may have international ramifications, especially with India’s close friend, Bangladesh.

Assam Pradesh Congress Committee president Ripun Bora said, “BJP government is trying to polarize Assam. People were not counted on flimsy grounds. 40 lakh is a huge number. We will continue to work for these people. We urge people to maintain peace.

“The National Register of Citizens (NRC) was initiated by the UPA under Manmohan Singh Ji to fulfil the commitment made in the Assam Accord of 1985”, exposing his party’s hypocrisy said the 40 year young president of the Congress party Rahul Gandhi who has now come off age.

“Etu mor idea asil,” this was my idea, proclaimed three-time Assam Chief Minister and Congress leader TarunGogoi, following footsteps of his leader on the publication of the draft National Register of Citizens (NRC).

Just like the above lines the bunch of monarchs for the Game of Thrones, called ‘Opposition’ or the new cool “Mahagathbandhan’ are swinging like a pendulum on the whole issue of National Register of Citizens (NRC).

Meanwhile, it was just another day at press club Washington. “What is taking place there is not a civil war. It is a strange and cynical way of getting rid of one’s opponents and of deliberately using helpless millions as a force against a neighbor nation. We feel that this is new kind of aggression. It certainly casts an unconscionable economic burden on us and has created social and political tensions endangering our security. This is not a purely internal matter of one country because the overflow of political, economic and security consequences are affecting another country that is, India.” Indira Gandhi roared like a lioness at press club 1971 against illegal immigrants. When asked how much longer can India sustain refugees? To this Shri Indira Gandhi replied that “ I cant sustain them now. How can I sustain for days, months? I am absolutely determined that all refugees of all religions must go back. We cannot absorb them in our population.”

The Foreigners Act, 1946 defines a foreigner as a person who is not a citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.

The Illegal Migrants (Determination by Tribunal ) (IMDT) Act was an Act of the Parliament of India enacted in 1983 by the Indira Gandhi government. It was struck down by the Supreme Court of India in 2005 in SarbanandaSonowal v. Union of India.(wiki) This act was one of the prime reasons for rapid rise of illegal immigration in India and change in demographic populace of states like Assam.

The burden lied on the accuser and not the accused to prove their citizenship. The accuser be it police or the citizens must lie within 3km of the radius of the accused. And after the accuser is successful in proving this, production of a simple ration card by accused could white wash the entire effort of the accuser. And if at all the accuser decides to go to the courts, and if a case made it past these requirements, a system of tribunals made up of retired judges would finally decide on deportation based on the facts. This is how Indira sold citizenship in India and thus Indira Gandhi in 1983 gave a befitting reply to Prime Minister of India in 1971, Indira Gandhi.

This illogical Act was challenged by the current Chief Minister of Assam SarbanandaSonowal and in 2005 a three-judge Bench of the Supreme Court of India held that the Illegal Migrants (Determination by Tribunals) Act, 1983 and rules "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants" and struck down the Act. The court also observed "(the conviction rate under the IMDT act) comes to less than half per cent of the cases initiated...(the IMDT Act), In a way this act was coming to the advantage of such illegal migrants as any proceedings initiated against them almost entirely ends in their favour, enables them to have a document having official sanctity to the effect that they are not illegal migrants. In the words of great Nehru “ By education I'm an Englishman, by views an internationalist, by culture a Muslim and a Hindu only by accident of birth."
When Karma plays its cards, all Monarchs turns in to Jokers. Curtains On.

The central government's effort to hold a constitutionally mandated election to the state assembly in 1983 led to its near total boycott, a complete breakdown of order, and the worst killings since 1947 on the basis of tribal linguistic and communal identities. Nearly 3,000 people died in statewide violence. The election proved to be a complete failure with less than 2 per cent of the voters casting their votes in the constituencies with Assamese majority.

From 1979 to 1985 there was instability in the state, governments collapsed, imposition of President's Rule, strikes and ethinic mob violence which amputed the normal life of the Asamese demography. The government’sefforts to hold a democratic elections went down the drains and worst killings since 1947 were witnessed in which nearly 3000 people lost their lives. The election showed a mere 2 percent voter turnout.

And then came the man who brought computers in the country, young Rajiv Gandhi. His government was able to sign an accord with the leaders of the movement on 15 August 1985 called the Assam Accord. The few agreement points in the accord was

1. All those foreigners who had entered Assam between 1951 and 1961 were to be given full citizenship, including the right to vote;
2. All those who had done so after 1971 were to be deported;
3. The entrants between 1961 and 1971 were to be denied voting rights for ten years but would enjoy all other rights of citizenship.

Fresh elections were held in 1985 and Rajiv Gandhi was able to calm the violent state down through his efforts. A new party Assam Gana parishad won 64 of the 126 assembly seats. But a non-implementation policy of the Accord followed by successive Congress governments after that led to rise of demands of separate Bodo state and rise of secessionist organisations like United Liberation Front of Assam (ULFA).

Not all immigrants from Bangladesh are refugees. Most of them are citizens of Bangladesh who came in India for better economic opportunities and have since settled down here. Rohingyas however are real refugees. They are the landless and stateless. Their existence is not even acknowledged by their own country Myanmar from where they were chased after their mass violence against Buddhists there. They are called the Bengalis in Myanmar. While our beloved Didi may spread her arms to the illegal populace or the supposed vote bank, it is purely unconstitutional to do any such sort of deed.

The citizenship act 1955 is clear in granting the citizenship rights to every person born in India if

1. on or after the 26th day of January,1950, but before the 1st day of July, 1987;
2. on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth;
3. on or after the commencement of the Citizenship (Amendment) Act, 2003, where-
  (i) both of his parents are citizens of India; or
  (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth.

But a blunder like the IMDT can never be repeated again. Such blunders threatens the rights of the majority populace in this country, the citizens of India. By not supporting NRC in the parliament Opposition have put another nail in their own foot. Congress have been caught on the wrong foot due to their hypocritical past and it’s another self goal. Chaiwala -1 Mahagathbandhan-0

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