An Open Access Journal from The Law Brigade (Publishing) Group
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a crisis of human suffering within families as many of them find their mothers, sisters, wives
and daughters excluded from the final list of citizens. There is no gender balance or justice in
the process of identifying the so-called ‘foreigners’. It puts the already disadvantaged women
through a completely arbitrary process.
Women who get married before attaining the age of eighteen, whose identity in the Indian
society (where the doctrine of coverture still plays an integral part) is linked with her husbands
will not have sufficient documentation to establish proof of residency, as most documents
available to such women will not be recognized by the enforcing agency and law. The NRC
process has turned a blind eye to the patriarchal set up of Indian society, where the identity of
most women is entwined with that their husbands. The National Family Health Survey data
reveals that in char dominated districts nearly half of the women get married before the age of
eighteen. When women are married off before attaining the age an adult, they cannot get
enlisted in the voters list from their parental house. In absence of other documents, it removes
any legal link to their parental home. This forces them to opt for panchayat certificates to prove
linkage with parentsxiii, only for such documents to be rejected. The NRC process was drafted
without keeping in mind the polity of the country where women struggle to get education, in
comparison to the male child of the family. Even if a small percentage of women in Assam had
gone to primary schools, those documents would also not valid under the NRC guidelines.
Marriages across state-lines are not uncommon in India. Several men in Assam are married to
women from states such as Bihar, Rajasthan, West Bengal and Uttar Pradesh. These women
trace family legacies to their respective states but failed to produce appropriate documents. In
some cases, the documents produced were not admissible and a large number remained
unverified by the respective states despite repeated reminders to chief secretariesxiv. This also
highlights the lack of co-ordination between state-agencies to the determent of poor citizens.
Reports have also suggested that lacs of women despite submitting required documents did not
get in to final NRCxv. This gender-discriminatory system and procedural flaws in the NRC
process has caused a lot of pain and strife. If such an exercise were to be performed pan-India
the outcome would be undoubtedly disastrous.
There are many examples that outline the inefficiency and arbitrariness in the NRC process,
which are pertinent to mention. Over 4.7 million married women submitted panchayat
JOURNAL OF LEGAL STUDIES AND RESEARCH
Volume 6 Issue 4 – ISSN 2455 2437
August 2020
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Electronic copy available at: https://ssrn.com/abstract=3665733