STATELESSNESS IN INDIA (C) Due process and rule of law issues underlying the Assam NRC The reason that the Assam NRC process has had such adverse impact, particularly on minority communities, has to do with the lack of due process and basic rule of law principles which made its application highly arbitrary and unpredictable. Critically, the NRC process - conducted with oversight of the Supreme Court of India (“SCI”) - shifted the burden of proof from the State to ordinary citizens (who were otherwise presumed to be citizens under the law).31 This shift directly affected a large number of people, particularly the poor.32 Even when applicants submitted relevant documentation, they could be rejected on the basis of inconsistent, subjective reasoning such as minor mismatch of spelling, age or address between different documents – despite a GHC order to the contrary.33 Submitted documents were sent to issuing authorities for verification, in violation of rules of evidence.34 In a large number of cases, issuing authorities failed to revert with verification in time, resulting in applications being rejected.35 Oral evidence, particularly to establish lineage and linkage,36 were not given due weight.37 The Citizenship Rules, 2003 additionally exempted “original inhabitants” from producing documentation, creating an additional layer of discrimination and arbitrariness arising from the open-ended and pro-Hindu interpretation of the term.38 The Citizenship Rules 2003 did not provide an option to prove citizenship by birth.39 31 The Citizenship Rules require individuals to apply, along with prescribed documents, for inclusion in the register. Rule 4A(2) of the Citizenship Rules, 2003 provides for collecting particulars by inviting application and proving citizenship through a join interpretation of “Legacy Documents” and “Linkage Documents”, Annexure I. 32 Raiot, Doubtful Citizenship, Distorted Rights In Assam, July 23, 2018. See also, Rafiul Ahmed, Himal, Assam’s D-voters, May 26, 2014. 33 Amnesty International, Designed to exclude: How India’s Courts are allowing Foreigners tribunals to render people stateless in Assam, 2019; Md. Anwar Hussain @ Md Anowar V. Union of India & others WP(C) 4258/2013. 34 All the prescribed documents are public documents under section 74 of the Indian Evidence Act, 1872 and production of a public document for inspection is sufficient proof of its contents under section 62. 35 Reasons such as records being destroyed or not available, reports could not be prepared in time owing to lack of manpower or sheer negligence or indifference were responsible in large part for not sending verification reports. See also: Sadiq Naqvi, Hindustan Times, West Bengal biggest defaulter in NRC verification, August 02, 2018. 36 Section 112 read with s.50 of the Indian Evidence Act, 1872. 37 Nurul Amin v. The Union of India & Ors, WP(C) No. 8640/ 2018, GHC order dated February 26, 2020. 38 Para 3.3 of the Schedule to the Citizenship Rules, 2003, Annexure I. 39 Section 3 of Citizenship Act, 1955 provides for citizenship by birth. 5