‘They Said I Was Indian, Now I am Not’: People Removed From NRC Draft Caught in Flux

Over 1.15 lakh people who found their names in the first draft of the National Register for Citizens in Assam were excluded from the final draft.

Guwahati: Fields spread across rural and semi-rural pockets of Goroimari and Pub Malaibari in the two Kamrup districts of Assam, nestled within the fertile plains of the Brahmaputra Valley, are glistening with the green velvety sheen of winter paddy – but an ominous air looms over them.

In the last seven months, many who tend to these fields have been caught between the uncertainty of first being labelled as ‘Indians’, and then that label being taken away.

The uncertainty, brought upon by their exclusion from the final draft of the National Register of Citizens (NRC) published on July 30, refuses to dissipate. Though Eid-ul-Adha was celebrated a few days ago in these Muslim-majority areas, residents said the confusion over the exclusion of some names from the final draft NRC, even though they were in the first draft, somewhat dampened the annual celebrations.

The villagers were referring to over 1,15,000 names that were included in the first draft of the NRC, published on December 31, 2017, but were left out of the final draft. The Supreme Court on July 2 approved a proposal submitted by NRC state coordinator Prateek Hajela, which said that these 1.15 lakh people ‘have not been found admissible for inclusion’ in the final draft during the verification process. A breakdown of this 1.15 lakh figure, given by the NRC state office, said that 65,694 names were removed because of a mismatch in the family tree, and 48,456 because they were married women who submitted only panchayat certificates to prove their link to their parental families.

Also read: The NRC and Citizenship Bill Have Fuelled Old, Divisive Anxieties in Assam

Among those 1.15 lakh people is Sydur Rahman, 44, from Bhalukabari in the Goroimari Circle, around 60 km from Guwahati. Rahman didn’t find his name in the final draft, along with five other members of his family. Though his wife’s name was not in the first draft, he and three other family members’ names were. Now, seven months later, his entire six-member family has been left out of the final draft.

These 1.15 lakh people were to fill a form to seek the ‘Reason for exclusion of names in final draft NRC’. The form was to be given out from August 7, which changed to August 10. Finally, the forms were given out from August 20.

About ten days ago, Rahman, a former panchayat member and a block research person of a local self-help group, filled that form at the local NRC Seva Kendra (NSK). The reason cited in his family’s case was: ‘Documents and Particulars (Linkage) have not been found to be acceptable’.

“I had submitted birth certificates and the state board certificate of my son to establish family linkage. We don’t have any more documents to submit on his behalf. I have been trying to meet NRC officials at the local NSK to know what else should I do. This has been some sort of a comedy of ironies. In the first draft I was Indian, now I am not. I have a shop and a small business to run. It is quite difficult to manage everything and at the same time run around to prove my family’s citizenship. But more than anybody else, I am worried about my son. He has a future and wants to study further. For my wife, I had even submitted her marriage certificate. This uncertainty is disturbing me, it is always at the back of my mind when I offer my prayers,” said Rahman.

(L-R) Mubarak, Abdul Mazid and Sydur Rahman at the NSK Seva Kendra in Goroimari.

(L-R) Mubarak, Abdul Mazid and Sydur Rahman at the NSK Seva Kendra in Goroimari.

A similar case is of fellow villager Abdul Mazid. The 50-year-old head of a family of eight, with five sons and one daughter, had a tough time trying to figure out what was really happening in their case. In the first draft, the names of his children were there, but not his wife, daughter-in-law and granddaughter. In the final draft, none of his children were listed.

The reason cited in their case in reply to the form was: ‘Descendants of foreigner declared’. He, however, told this correspondent that there was “no case of a suspected foreigner” in his family. What added further to his confusion was that the names of his wife and daughter-in-law were included in the final draft, even though they were not there in the first draft.

“There is no case of ‘foreigner’ or doubtful voter against me or anyone in my family. What am I supposed to do now? I am completely perplexed. I have given my legacy data from 1971 before the date of March 24 and also the land documents. I am a farmer and I have to till my land. I have to worry about feeding my family, and now I have to run from pillar to post to resolve this citizenship issue. Sometimes I wonder whether there will be a solution to this at all,” said Mazid.

Then there is Mubarak, the head of a seven-member family from the same family. On July 30, he found out that even though only his wife’s and the eldest son’s names were missing from the first draft, his own, his three daughters and another son’s names too were cut in the final draft.

“There were five names from my family which were included in the first draft, but in the final draft, all those names were excluded. The reason which was written in the form was ‘documents and particulars (linkage) have not been found to be acceptable’. I had submitted the 1951 legacy of my family and I have nothing more to submit. Not a day goes by in the house without us talking about it. We are at a loss on what to do,” said Mubarak.

Ambia Khatun, an octogenarian who had submitted her own legacy data, too found herself included in the first draft but excluded from the final.

“The reason cited in her case too was ‘documents and particulars have not been found to be accepted’. She had submitted legacy documents from 1971. Such cases have impacted people and their lives here. There are no DV (doubtful voters) in the Goroimari circle. No one has come here post 1971. Land has always been scarce here, and it will create a problem if the villagers try to accommodate new settlers. Even for a share in land allocation among families, there have been altercations between some family members, few of which have gone for litigation,” said Akram Hussain, the president of the Goroimari village panchayat.

Watch | Assam NRC: What Happens to Those Excluded From the List?

Similar cases of people who found their names in the first draft and not in the final draft were also observed in Pub Malaibari village, located in the Sonapur revenue circle of the Kamrup (metropolitan) district, some 100 km from Goroimari. Populated mostly by Bengali Hindus who migrated from East Pakistan in the 1960s, Pub Malaibari has a fair amount of D-voters and ‘declared foreigners’. The impacted people, both in Pub Malaibari and the neighbouring Durung village, claimed they have valid documents but were still left out of the final NRC.

Many said they have refugee cards and relief rehabilitation certificates which were given to them in 1964 to prove that the Indian government had settled them in these areas from East Pakistan. More than 50 years later, some of them and their descendants find themselves struggling to prove that they are indeed Indians.

A Pub Malaibari resident told The Wire that while some people have found their names both in the first and the final drafts, about 20% of those whose names appeared in the first draft, though, couldn’t find them in the final draft. Among them was Basanti Das, who had submitted her father’s legacy data from the 1966 voters’ list. Das, who can barely speak Assamese, said through an interlocutor, “It was a surprise for me to find my name missing from the final draft even though I had submitted the required documents. I am poor and I can’t communicate properly in Assamese. When I tried to ask what the reason was for the exclusion of my name at the local NSK, I was not given any reason.”

Basanti Das (L) standing with other villagers whose names were also left out of the final draft NRC in Pub Moirabari.

Basanti Das (L) standing with other villagers whose names were also left out of the final draft NRC in Pub Moirabari.

She had taken a form from the local NSK but was yet to fill the form when The Wire met her. In 2014, Basanti received a D-voter notice from the state border police. However, within a few months’ time, she was declared an Indian by a Foreigners’ Tribunal. “My name is in the voters’ list for 2017,” she claimed.

Another resident, Pradip Mondol, said his sister’s marriage certificate issued by the panchayat was the official reason cited for her exclusion in the final draft. Rasmoni, his sister, was included in the first draft, though.

“My sister is in a fix now. She is asking, if the panchayat marriage certificate is cited as the reason for her exclusion in the final draft, what should she provide now?” said Pradip.

Meanwhile in Guwahati, there is no stopping in the flurry of activities in and around the NSKs. At one such centre, located in the Kumarpara locality supervising municipal wards 18 and 19, people whose names were in the first draft but excluded from the final draft were seen filling up forms to know what went wrong.

“My family is originally from Uttar Pradesh, but the names of some of my family members are not in the final draft. When the reason forms were given, the reason cited was ‘No A list documents given’. We had submitted documents from prior to 1971. I am now being asked to submit more documents,” said Pawan Verma.

On August 28, the Supreme Court, having directed NRC state coordinator Hajela to submit a comprehensive report on the possible ramifications of allowing people to modify/change their legacy, the long wait for citizenship for those excluded seems to only be becoming longer.

All photos by Gaurav Das.

Gaurav Das is a Guwahati-based freelance journalist.

Assam NRC: A History of Violence and Persecution

The legacy of anti-immigrant sentiment in Assamese public sphere for more than a century has created an environment of deadly silence and trauma has taken control over the lives of several million people across the state.

In a three year-long project, more than 55,000 officials performed the herculean task of examining the citizenship status of more than 31 million people living in the north-eastern Indian state of Assam. On July 30, 2018, the National Register of Citizens (NRC) published the final draft excluding more than four million people out of the list, keeping them on the verge of losing their citizenship and effectively making them stateless. However, the NRC authorities have assured that they would be provided with sufficient opportunity to prove their citizenship during the claim and objection process.

There is a huge uproar among a section of Assamese intellectuals that the national and international media have ignored the historical perspective of NRC updating process. But they are being equally ignorant of the other side of the same history – the history of violence and persecution with absolute impunity. The legacy of anti-immigrant sentiment in public sphere for more than a century needs due consideration along with the colonial policies and schemes which enabled such a huge human population to move from one place to another.

Politics of anti-immigration sentiments

In mid-19th century, a British military officer Maj. John Butler visited and described Assam as “it seemed totally devoid of man, beasts, or birds; a death-like stillness everywhere prevailed”. The sparsely populated, rich in natural resources and abandon fertile land soon motivated the colonial administrators to bring large number of people from other parts of British India, including the Bengalis from the over populated Bengal to resettle in Assam under projects like called ‘Grow More Food’ with an intention to increase the revenue. The colonial administration recruited a ‘colonisation officer’ for hassle-free immigration of Muslim peasants from greater Bengal to Assam.

The immigrant Muslims settled in Brahmaputra valley accepted Assamese language and culture and denounced their Bengali identity to assimilate with the host community. As early as the 1930s, the immigrant Muslim community appealed to the colonial administration to enrol them as Assamese speaking Muslims in the census of 1941. Subsequently, they set up Assamese medium schools and started assimilating with the Assamese community,  participating in various socio-cultural platforms and events, such as Bihu.

However, a wide section of the local community still felt threatened due to the large scale immigration. This fear of losing land, identity and culture to the immigrants soon transformed into conflict in the 1920s. The colonial administration was forced to demarcate the area for settlement, known as line system, which barred the Muslims from settling down in certain localities. In the meantime, the colonial administration under whose patronage Muslims were brought to Assam, wanted further division between the Assamese community and the immigrant Muslim community. While presenting the 1931 census data, British civil servant C.S. Mullen wrote that if the migration continues unabated, Sibasagar would remain the only district where Assamese race would find home of its own. Historian Amalendu Guha wrote, “The Census Report aggravated the fear complex”.

On the other hand, immigrant peasants under the leadership of Maulana Bhashani intensified their movement to abolish the line system and to get land rights which they propagated as ‘gift of God’ which is to be shared by everyone. Maulana Bhashani criticised the line system as Apartheid but the Gopinath Bordoloi-led state Congress was in favour of strict implementation of the line system. In present day discourse, the ‘cut off date’ for determining citizenship often pops up in debates and discussions. However, the commentators tend to forget that if the line system wasn’t the first attempt to keep the immigrant Muslims from enjoying equal opportunity, the 1940’s ‘Development Scheme’ also barred those Muslims who migrated after January 1, 1938 from enjoying land rights.

Local people hardly paid any attention either to the ‘line system’ or the ‘development scheme’. Meanwhile, the immigrant Muslims continued to buy land from Assamese people. Syed Sadulla of Muslim League (ML) was seen as someone tweaking the line system and settling more Muslims in those restricted areas for his party’s electoral benefit. The tug-of-war for power between Sadullah and Bordoloi continued and hatred against immigrant Muslims escalated further in the late 1940s when Bordoloi became the premier of Assam after ousting Sadulla and evicted thousands of Muslim peasants in 1946, alleging them to be illegal immigrants from East Bengal settled by the earlier ML regime.

Gopinath Bordoloi oversaw the eviction of thousands of Muslims. Credit: Public domain image

In such environment of communal polarisation and conflict, the country became divided and attained Independence. Guha observed that after Independence, the migration of Muslim peasants almost stopped. Prof. Monirul Hussain of Gauhati University argues, “The 1951 census recorded for the first time the decreased rate of growth of Muslims in Assam, that is, 17.6% against a total of 20.2%.” But the anti-Muslim sentiment created in the Assamese society in the run up to Partition remained only to be extended to newer heights by interested political forces.

Post Independence, the Muslim community in Assam faced large-scale violence and was forcibly displacement in 1950. Infamously known as ‘rioter bosor’ (the year of riot) among the community, thousands of Muslims fled the country to take shelter in the then East Pakistan through the open border. Famous Assamese parliamentarian and author Hem Barua wrote that as many as 53,000 such families, who left the country in 1950, came back to Assam under the Nehru-Liaquat Pact.

In 1951, the first National Register of Citizens was prepared to weed out the illegal immigrants from East Pakistan. Since then, the anti-immigrant politics has been feeding the Assamese community with the fear of losing their land, identity and culture. On the other hand, the Muslims have been regularly experiencing state-sponsored persecution and mass violence.

‘Quit India Notice’

In late 1960s, several thousand Muslims were forcefully deported to East Pakistan under a draconian scheme called ‘Prevention of Infiltration from Pakistan (PIP)’, without following any legal mechanism of detection and deportation. The border unit of Assam police used to deport hundreds of Muslims without any hue and cry. Hiranya Bhattacharjee, the former DIG of border police in 1979, stated in an interview with The Wire, “At that time, the process of deportation was on, in spite of the fact that there was no formal agreement with East Pakistan or Bangladesh on deportation. Those days, when we deported thousands, there was no hue and cry. What was happening was considered natural.”

This author traced back many such families in present-day Bangladesh who were arbitrarily identified as illegal immigrants and served notice to leave the country. They remember it as ‘Quit India Notice’. The families were separated, few members remained in Assam while a few were deported to East Pakistan. In present-day Bangladesh, they still live with trauma and social segregation. Many of their settlements and villages are known as ‘Assam Para’, ‘Refugee Colony’ etc.

Former home minister and chief minister of Assam Hiteswar Saikia admitted that 1,92,079 persons (unofficial figure is much higher) were deported under the PIP scheme between 1961-69. Prof. Monirul Hussain wrote, “Police committed excesses on the Muslims due to certain extra-legal commitments”. A border police officer, who was in charge of deporting Muslims under PIP, narrated the horrific stories of forceful deportation to this author. He said that he resigned from his job due to mental distress caused by the experience of injustice and inhuman atrocities committed upon those Muslims, apparently who were his fellow countrymen. (The individual called this author after reading the stories of deported Muslims living in a refugee colony in present-day Bangladesh).

After deporting huge numbers of Muslims to East Pakistan, Bimala Prasad Chaliha, the then chief minister of Assam, announced on the floor of the Legislative Assembly in 1969 that ‘no more infiltrators were to be found in Assam’ and hence, the PIP scheme was to be abandoned. But the series of violence and persecution against Muslims continued unabated. Since the early 1980s, an unprecedented violent agitation against the Muslims engulfed the entire state. The agitating group alleged that large number of illegal Bangladeshis infiltrated to Assam during Bangladesh’s Liberation War. But the data says that only three per cent of total Bangladeshi refugees (85% of whom were Hindu) took shelter in Assam. Even smaller states like Meghalaya sheltered more than double of Assam’s figure. But the agitation continued full-swing based on false propaganda and constructed xenophobia. The six year long students agitation took several thousand lives, including the victims of the infamous Nellie Massacre where an estimated three thousand Muslims were killed within few hours of day time.

People check their names on the final draft of the state's National Register of Citizens after it was released, at a NRC Seva Kendra in Nagaon on Monday, July 30, 2018. Credit: PTI

People check for their names on the final draft of the state’s National Register of Citizens after it was released, at a NRC Seva Kendra in Nagaon on July 30, 2018. Credit: PTI

In 1985, the agitating groups, the state and central governments signed the ‘Assam Accord’ and agreed to detect and deport any immigrant who entered the state after March 25, 1971. This document is seen as the genesis of the ongoing NRC updating process.

After several years of debates, discussions, and also several rounds of violent events, almost all the stakeholders, including the Muslims who are often branded as illegal Bangladeshis, came to the consensus of updating the NRC. The Muslim community perceived an updated NRC as panacea to all sorts of persecution, harassment and discrimination which are running high for nearly a century.

But gradually, the NRC was made another tool of persecuting the Muslim and Bengali Hindus through its range of exclusionary and discriminatory provisions. Though the entire population of Assam had to file the application for inclusion in the NRC, as many as 12 million “indigenous people” were given the benefit of ‘original inhabitant’ or ‘OI’, a category which may not even hold any constitutional validity and was never part of the initial modalities but it empowered the lowest level registering authority to include any names even if s/he fails to provide any documentary evidence. On the other hand, the Muslims, Bengali Hindus and few other marginalised groups are subjected to stringent verification process, including a ‘family tree’ matching.

Apart from this discriminatory and racial provisions, the NRC authority deployed a number of exclusionary diktats, mostly beyond the initial modalities to exclude as many Muslims and Bengali Hindus as possible. Already, there are more than 1.3 lakh people who are arbitrarily marked as doubtful or D voters and their cases are pending in the 100 Foreigners Tribunal set up by the Supreme Court across the state. The NRC authority excluded those people from the draft NRC, to which the SC agreed. It also excluded the declared foreigners, their descendants and siblings as well, to which the Gauhati high court agreed. Even several thousand people who have been declared as ‘Indian citizen’ by the tribunal were also not included in the final draft.

Initially, the NRC authority accepted a number of documents, but at the last moment, the district level officials were instructed either to reject certain documents or were instructed to strictly scrutinise the contents of those documents. It can easily be inferred that these discriminatory and exclusionary provisions were fielded to inflate the number towards the fag end of the process at the cost of genuine Indian citizen’s suffering only to fulfil the collective conscience of a politically motivated hostile regime and some chauvinist groups.

Shamsher Ali’s five sons. Shamsher’s wife, Harbala Khatoon is in the detention camp in Goalpara for being a ‘foreigner’. Credit: Piyush Nagpal

This will have far reaching repercussions on the lives of several million people, mostly poor and impoverish and already messed up in the recurrent conflicts and environmental disasters. Thousands of families across the state are going through tremendous mental pressure and trauma. In most cases, some of the members of a family have been included and the remaining are excluded. Most of the excluded are from the vulnerable groups, like women and children. This has not only affected the excluded but also the family members who are included in the list. In the last few months, more than a dozen of people have committed suicide, said to be in the fear of losing their citizenship.

In the current scenario, if someone fails to prove his/her citizenship before the NRC authority during the claim and objection process, then s/he will have to go through the foreigners tribunal which is widely seen by the community as biased and prejudiced towards them. If the person fails to prove citizenship in the Foreigners’ Tribunal, the person will be stripped off the citizenship rights. He/she can thereafter go to the higher courts, which will take time and money. Nobody knows what will happen to those who fail to prove their citizenship.

As per the current mechanism, the government has the only option to dump them in the detention centres. Presently there are six overcrowded detention centres holding about 1,000 such people and the government is working on to build another giant detention camp in the Goalpara district of western Assam. Even in best case scenario, if they are not detained they would lose their civil and political rights, including the right to property. They wouldn’t be able to flee to other Indian states; as the government is planning to collect their biometric information so that they can’t forge their identity and flee to other states. Thus, an environment of deadly silence and trauma has taken control over the lives of several million people across the state.

It is in this context that a section of “Assamese intellectuals” look at history from the other side and realise the sufferings of their own people.

Note: This article was replaced with an edited version a few hours after it was first published.

Abdul Kalam Azad is an Assam based researcher. He tweets @abdulkazad.