Sometime
in February 2011, our doorbell rang. A woman in her thirties stood outside, carrying
a sheaf of papers and a pen. She spoke politely, asked the name of my father,
the number of people in our family, confirmed our mother tongue. The interview
lasted for perhaps ten or fifteen minutes. She thanked us and left. In the
whole process she didn’t ask for a single document.
India
has conducted the census exercise for nearly 150 years, starting in 1872. It
happens every ten years. The 2011 census covered all 8000 towns and more than
600,000 villages. A total of 2.7 million officials, such as the young lady who
visited our house, successfully counted India’s 1.21 billion (121 crore)
people. Like India’s democratic elections, census data collection is the pride
of India. The next census will be concluded on 1 March 2021 for most of the
country.
The
discussion about CAA/NPR/NRC has left many people confused. Will India count
its people two, three, four times? And why? To remove the confusion, I will
clarify four concepts. (a) Census (b) National Population Register (NPR) (c)
National Register of Citizens (NRC) and (d) Aadhar card.
Census
Census
is the largest single official source that collects statistical information on
different characteristics of India’s people. It happens in two phases:
house-listing that focuses on things such as the presence or absence of
toilets, drinking water, electricity, television, vehicles. The second phase is
people count. This pertains to questions about age, gender, religion, language,
employment. Census offers a macro picture that helps the government in
the planning process. No single individual is a focus of the census, no
documents are asked for. People could lie if they wish to, but there is no real
reason for people to lie or hide any information.
*****
National
Population Register (NPR)
NPR
is the register of the usual residents of India. Usual residents are defined
as those living in India for at least the past six months, as well as
those who intend to live in India for at least the next six months. The
objective is to create a comprehensive identity database of residents,
including their demographic and biometric details. If census is “Macro”,
NPR is “Micro”. NPR includes citizens as well as foreigners, both legal and
illegal. All of them will be included as long as they are “usual residents” as
per the definition.
*****
National Register of Citizens (NRC) or National Register of Indian Citizens (NRIC)
If
NPR is merely about a person’s identity, NRC looks at the legality of that
identity. Residing in India’s geography is enough to be part of the NPR. To be
part of the NRC, the Indian government needs to confirm you are a legal
citizen. NRC also includes Indian citizens living outside India.
NRC=
NPR plus Indian citizens abroad minus legal
foreigners resident in India minus doubtful and illegal residents.
*****
Aadhar
card
When
NRC was conceived, so was a “National Identity card”. The Indian
government successfully managed to create that card, called it Aadhar.
Aadhar is now the world’s biggest biometric database with more than 1.2 billion
entries. But the government blundered, and Aadhar became an NPR card
(residence), rather than an NRC card (citizenship) as it was supposed to
be. In other words, foreigners, legal or illegal, usually residing in India can
get Aadhar, whereas Indian citizens abroad are prohibited from applying for
it. That is one reason Amit Shah, India’s
home minister, repeatedly says Aadhar is not valid for citizenship claims. He
is upset about two things. First, the Supreme Court repeatedly struck down the government’s
attempts to make Aadhar mandatory. Secondly, for Shah, the most upsetting
aspect of Aadhar is that it doesn’t mention religion.
*****
National
Citizenship Register (NRC) in black and white
It
is claimed people are protesting the NRC prematurely. Only the Citizenship
Amendment Act (CAA) has been published, there is nothing about the NRC yet. PM
Modi said NRC was never discussed. These claims are incorrect.
Detailed
information on NRC has existed in black & white for 16 years. On 10 December 2003, India’s Home Ministry issued the NRC rules. The current Home Ministry
has referred to those rules at least on two occasions in its notifications, in 2015 and 2019.
The
background for NRC was twofold. One was the mass migration from war-torn
Bangladesh to Assam, and the demographic change that followed it. But the 2003
rules were mainly triggered by the India-Pakistan Kargil war in 1999. Pakistani
operatives had infiltrated part of Ladakh pretending to be Kashmiri militants. The
BJP was in power, and the home ministry was in the hands of L.K.Advani, an
incendiary politician. The 9/11 attack in the USA reinforced the paranoia about
the damage Muslim illegals can cause. Possibly as a result of Kargil followed
by 11 September, L.K. Advani, the demolition architect of Babri Mosque, issued
the NRC rules in December 2003. The rules were never enforced because within
five months the BJP government lost power (2004 elections). It may be wise for
Modi and Shah to reflect on that sequence of events.
The
amended NRC equation
It
is also claimed that there is no connection between CAA and NRC. I will now
show mathematically how they are connected.
We
saw above that
NRC=
NPR plus Indian citizens abroad minus
doubtful and illegal residents.
I will now break the formula further.
NRC=
NPR plus Indian citizens abroad minus doubtful and illegal non-Muslim residents minus
doubtful and illegal Muslim residents.
By
offering amnesty and citizenship to non-Muslims from three countries, CAA has altered
the equation.
NRC=
NPR plus Indian citizens abroad minus doubtful and illegal non-Muslim residents minus doubtful and
illegal Muslim residents.
NRC is now a weapon directed exclusively at suspecting and scrutinizing India’s
Muslim residents.
Since
1 July 1987, Indian citizenship, as explained in an earlier chapter, is jus
sanguinis (by descent) and not jus soli (by birth). Like asthma,
diabetes and obesity, being illegal in India is a hereditary disease. Once a
person is illegal, his children, grandchildren, great-grandchildren born after
1 July 1987 are all illegal. In the NRC equation, when we talk of doubtful and
illegal Muslim residents, their India-born descendants are also included. As to
how a Muslim born and raised in India can be called an infiltrator, only the
Home Minister knows.
Doubtful
citizens
This
mortifying term was introduced by the 2003 Home Ministry rules. In Assam
thousands of d-voters were robbed of their right to vote.
Now
if India were to implement NPR or NRC (NPR minus doubtful Muslims), each
Muslim will need to prove legality of himself, his family and ancestors. India
introduced the Birth Registration Act in 1969. The related rules were published
in 1999. Most Indians above fifty years of age don’t have a birth certificate.
If you read the NRC rules, 2003, you will notice it contains a series of petty
bureaucrats empowered to scrutinize a person. Like in Assam, there may be a
foreigners’ tribunal, a body to which a doubtful Muslim can appeal before going
to jail. In theory, while in jail, he can even go to the High Court and the
Supreme Court.
India has the largest number of illiterates in the world. The 350 million
(35 crore) illiterates include 56 million (5.6 crore) Muslims. (One
could argue that making people literate is the responsibility of the State.)
The 56 million Muslims who can’t read or write are now expected to provide
documentary evidence proving legality of their own and ancestors’ existence,
argue with the petty bureaucrats, defend themselves in the tribunals and
courts. No wonder they have intuitively understood the threat and would rather
spend months protesting at Shaheen Bagh.
Illiterate
population and illiterate minister
Amit
Shah wants to conduct the NRC exercise in order to find infiltrators and
imprison/deport them. No democratic country on earth has ever managed to do it.
If an illegal immigrant decides to hide in the Himalayas, no NPR, NRC or any
other exercise is going to find him.
USA,
UK and Europe, far more developed than India, and far more attractive for
migration, have admitted they have not enough resources to identify illegal
immigrants. They try to focus on potential terrorists, and as 9/11 showed, they
are not successful at that either. In those countries, visa overstays outnumber those who cross borders illegally. Trump can build a beautiful wall
to stop Mexicans, but he can’t stop the thousands who enter USA legally and
overstay their visas. That includes Indian illegal immigrants as well.
Bangladesh sends the maximum number of tourists to India every year. India has
no mechanism to catch those who overstay their visas.
India’s
population exceeds the combined population of USA, EU and UK. It is evident that
the “security” that is offered as the reason for NRC is impractical. The intent
is clearly to target and intimidate Muslims in India.
Much
to fear
Modi
assures us that no Indian Muslim has anything to fear. This is patently false.
The
dates for NPR are announced: 1 April to 30 Sept 2020. As we saw above, this
exercise is the basis for NRC (=NPR minus doubtful and
illegal Muslims). It can be assumed that the NPR data collection will
probe every Muslim to decide whether he/she or his/her ancestors are doubtful
or illegal.
The
56 million illiterate Muslims have much to fear. Many of them are unlikely to
have credible documents. None of them can defend themselves against the
belligerent bureaucracy, expensive tribunals and courts. The illiterate Muslims
can be bullied, blackmailed, harassed, threatened and some of them imprisoned.
The
India-born young Muslims (under 32) with illegal ancestors have much to fear.
They are not even doubtful, they are illegal. The law doesn’t offer them
protection. Their families are liable to be imprisoned for three years without
bail. Since it is unlikely any country will take back India-born Muslims, their
fate after three years’ imprisonment is unclear. They may rot in jail till the
end of their life.
*****
India
has been counting its people over the past 150 years. This is the first time
the government wants to count the population in order to eliminate part of it.
References
(1)
http://censusindia.gov.in/2011-Common/NRIC.html
: This link gives the NRC (NRIC) Act and rules as well as information about the
population register.
(2) http://censusindia.gov.in/2011-Act&Rules/notifications/citizenship_rules2003.pdf
: NRC rules issued in December 2003 by L.K.Advani, India’s Home Minister.
(3)http://censusindia.gov.in/2011-Act&Rules/notifications/NPR%20Updation.pdf
and http://censusindia.gov.in/2011-Act&Rules/notifications/NPR%20Updation.pdf
: Notifications issued in 2015 and 2019 by the Home Ministry that refer to the
2003 rules.
(4) https://uidai.gov.in/aadhaar_dashboard/
At the time of posting this article, 1.255 billion people have been issued the
Aadhar cards.
(5) https://www.orfonline.org/research/literacy-in-india-the-gender-and-age-dimension-57150/
Literacy in India report
(6) https://cmsny.org/publications/essay-2017-undocumented-and-overstays/
Illegal immigration USA. Visa overstays significantly exceed illegal border
crossings.
(7)
https://www.nytimes.com/2019/12/01/us/undocumented-visa-overstays.html Except Mexico, India has the highest illegal immigrants (visa overstay)
in the USA.
R.