Chakrabarty: Citizenship Deprivation as an Act of Persecution: Case Study of t
Bangladesh,120 those declared foreigners, could stand to be indefinitely detained, deported, or
effectively reduced to individuals without any substantive rights.
Most importantly, the entire procedure has been fraught with overbreadth in executive discretion.
The NRC has involved authorities of several ranks, including officials at the Election
Commission of India, the Government of Assam, Home and Political Department, and the
Assam High Court Registry. An official called the NRC Coordinator, has been responsible for
overseeing the data collection and management along with other officials at subordinate levels
(around 52,000 such subordinates were reportedly involved). These officials, whether at the top
or at the subordinate levels have divided the population into “original” and “non-original”
inhabitants, even in the absence of any definition or criterion. The latter have been subjected to
disproportionate verification standards despite the possession of relevant documents, 121 while the
former have been sometimes excused altogether from proof. Despite being brought to its notice,
the judiciary (Supreme Court) has refused to intervene altogether or seek the executive’s
clarification.122
In a state where record-keeping is not done meticulously, and where individuals lack knowledge
over procedures to apply for such documentation (or even that it is legally mandated), the NRC
has left entire masses vulnerable. In several cases, officials have denied accepting ration-cards
(akin to social-security cards) and delayed birth registration certificates, 123 even though the
Supreme Court has observed that they can be used as linkage documents. In other instances, they
have been rejected on flimsy technical grounds, such as spelling errors.124
See, Liz Mathew and Ravish Tiwari, “NRC Final List Released: 17 Resolutions Later, Tally Steals BJP’s
Migrant Bogey Thunder”, Indian Express (1 September 2019), online: <https://indianexpress.com/article/north-eastindia/nrc-final-list-released-17-resolutions-later-tally-steals-bjps-migrant-bogey-thunder-5955153/>.
121
Rupajan Begum v Union of India, Special Leave Petition No 13256/2017 (24 August 2017) online:
<https://indiankanoon.org/doc/44496730/>. The order was regarding the admissibility of GP Certificates as linkage
documents. But post this order, the NRC Coordinator sent a letter addressed to all subordinate officials for
segregating between Original and Non-Original applicants on basis of caste, religion and other extraneous matters.
122
Kamalakhya Dey v Union of India, Writ Petition (Civil) No 1020/2017 (5 December 2017) online:
<http://www.nrcassam.nic.in/pdf/KAMALAKHYA%20DEY%20(WP(C)%201020_2017)%20Judgment.pdf>.
123
See, Office of the State Coordinator, NRC, “NRC SC Letter to all District Registrar of Citizen
registration(DRCR)”, No. SPMU/NRC/Dist-Co-Equip/68/2015/Pt-IV/177 (1 May 2018) (considering ration cards as
“weak documents”), online: Citizen for Justice and Peace<https://cjp.org.in/wp-content/uploads/2018/07/may-12018-order.pdf>.
124
Ibid. (refusing to accept affidavits over clerical errors).
120
Published by Osgoode Digital Commons, 2021
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