from the provision of the Census Act of 1948 that NPR is initiated with the object to `create a
comprehensive database of every individual resident in the country. It says that the database would
contain demographic as well as biometric particulars’. Despite of the fact that biometrics of
citizens are being collected of more than 1 billion persons covering 93 percent population despite
of concerns being raised about various aspects including coercion and data security under the
provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and
Services) Act, 2016, yet, NPR was launched by the then Congress government which created chaos
of laws and policies in relation to collection of data and linking it up with citizenship.
On 31st July 2019, the Ministry of Home Affairs issued a notification in the Gazette of India to
update the NPR in pursuance of Citizenship Rules, 2003. The sets of questions framed were
completely different from the previous exercise of NPR which focus on birth of parents. These
were later suspended in the wake of lockdown issued in response to COVID 19 in March 2020.
However, the arbitrary amendments made in the Citizenship laws in 2003 and subsequently in
2019, and mixing it up with the process of collecting population data eliminate the right of the
citizens and alter the basic constitutional framework within which the citizen-state relationship is
contextualized.. These amendments assault the democratic fabric of the country and attack the civil
liberties of individuals. Currently, the matter is pending before the Supreme Court where the
United Nations Human Rights Chief has moved an intervention application before the apex court
against CAA.
CAA, NRC and NPR Matrix Alters the Citizen-State Relationship
The citizenship regime at the time of independence is based on the principle of jus soli (citizenship
by birth), hence, those who are born in India are considered as citizen irrespective of their sex,
religion, caste, class or other variables. Nonetheless, the disorganized matrix of CAA, NRC and
NPR reduces the identity of an individual as a `subject’ rather than perceiving a citizen as an equal
participants in the democratic governance. It replaces the principle of jus soli (citizenship by birth)
with jus sanguinis (citizenship by bloodline). Citizenship, under this amended disorganized matrix,
is not decided by the birth but by factors as parentage, religion and other variables. Therefore, a
person is required to show his or her documents regarding lineage such as parent’s birth certificate,
their place of birth, documents relating to ancestral property and so on to prove that s/he is a citizen.
Also, experience in Assam shows that the process is not simple and is open to different
interpretations further adding to the existing chaos.
The breakdown of relationship between the state and a citizen results in citizens being rendered
stateless `subjects’ excluded from the domain of matrix of rights of citizenship. No authority or
institution can help them secure their human rights as the nation state is the only juridical authority
that can effectively acknowledge and protect human rights. World’s history has witnessed the
situations where status of millions of people was rendered as stateless and they were forced to face
brutalities. When the states arbitrarily decide to eradicate citizenship rights, and become
tormentors and violators of rights of its citizens, the concept of human rights lost its meaning.
March 2020
Shalu Nigam
Electronic copy available at: https://ssrn.com/abstract=3566904
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents