A Basic Understanding of NRC and the Assam Accord

A month back I wrote an article on the Citizenship Amendment Act. Today's article is on the NRC and the Assam Accord

What is the National Register of Citizens (NRC)
The National Register of Citizens (NRC) has become another political football. The BJP’s decades-old stand on the NRC has remained the same. From the party’s manifesto in the 1996 general election to the 2019 general election, the BJP has remained firm on completing an NRC to curb illegal migration into India, especially in the north-eastern states from Bangladesh.

In the 1996 manifesto, the party articulated three Ds: detection, deletion, and deportation – detection of illegal immigrants, deletion of their names from the electoral rolls, and deportation to the country of their origin.

In the 2019 manifesto, the party declared that: “There has been a huge change in the cultural and linguistic identity of some areas due to illegal immigration, resulting in an adverse impact on local people’s livelihood and employment. We will complete the National Register of Citizens process in these areas on priority. In future we will implement the NRC in a phased manner in other parts of the country. We will continue to undertake effective steps to prevent illegal immigration in the north-eastern states. For this we will further strengthen our border security.”

What is the Assam Accord?

The reader must note that the NRC idea is not the BJP’s baby. The NRC idea, first proposed in 1951, took root in the 1970s when the All Assam Students Union (AASU) launched a mass movement after its scrutiny of the local electoral rolls revealed names of a large number of illegal Bangladeshis. The AASU protested vehemently with its ‘Ds’ demand: detection, deletion, and deportation – detection of illegal immigrants, deletion of their names from the electoral rolls, and deportation to Bangladesh. The protest gained popular traction as it touched a raw nerve of the locals: they had been impacted adversely, especially demographically and economically, by the presence of illegal Bangladeshis.

However, it was only in August 1985 when the Rajiv Gandhi-led Congress Government and the AASU signed the Assam Accord. The central feature of the Assam Accord were the 3 Ds: detection, deletion, and deportation – detection of illegal immigrants, deletion of their names from the electoral rolls, and deportation to Bangladesh.

Under the Assam Accord, the Citizenship Act was amended to include clause 6A that provided for the classification of immigrants in Assam: 

• those who came before 1966 (including Hindu refugees who fled East Pakistan during the 1965 war); 
• those who came between 1966 and 24 March 1971 (when war with Pakistan officially commenced); and 
• those who came after 25 March 1971 (war refugees and later illegal immigrants). 

Citizenship was to be given to all those who migrated before 1966 from east Bengal and east Pakistan. Those who came between 1966 and 1971 were to be disenfranchised and granted citizenship after due process. Those who came after 24 March 1971 were to be detected and deported.

Subsequent governments at both the Centre and in Assam failed to complete the NRC. Fed up with the indifferent attitude of the state government, the AASU knocked on the doors of the Supreme Court, which ruled that the NRC, promised under the Assam Accord, must be completed under its supervision.

Now, it is clear that the NRC in Assam was (i) a provision of the Assam Accord, to which the Congress was a party; (ii) held in the state after the Supreme Court of India called for its implementation and (iii) the central government has had no role in its completion.

The draft NRC in Assam registered 2,89,83,677 out of the state’s 3.3 crore population (census-based). The rest were left out; in other words, they could be classified as ‘illegal immigrants’. It is here that the Bangladesh Government comes in; in case, Bangladesh refuses to acknowledge these four million as its own citizens, they run the risk of being labelled ‘stateless’.

For now, the BJP’s flip-flop has only muddled the NRC debate. Things get murky when the ruling party does not lend clarity on its current stance, especially considering the several misgivings about documentation and proof of citizenship.

Identifying illegal foreigners – whose job is it?
The Central Government is vested with powers to deport a foreign national under section 3(2)(c) of the Foreigners Act, 1946. These powers to identify and deport illegally staying foreign nationals have also been delegated to the State Governments/ Union Territory Administrations and the Bureau of Immigration under the Foreigners Act, 1946. Detection and deportation of such illegal immigrants is a continuous process. Statistical data of cases regarding illegal immigrants is not centrally maintained.

I think the BJP should run a better PR machine with focus on three central aspects of the CAA: (a) that the CAA is an amendment to the existing Citizenship Act, 1955, (b) that it only speeds up the process of granting citizenship to members of certain communities, and (c) that it does not relate to the citizens of India.

The CAA, Demographics, & Identity

Note: Dear Reader, please ignore the alignment and other issues related to this post; with great difficulty I could publish this post.


The Citizenship (Amendment) Act 2019 has become a new rallying point for the detractors – both in the political and non-political fields. 

The liberal cabal, also called the ‘secular brigade’, were stunned with the abrogation of Article 370 and the Supreme Court’s judgment on the Ram Mandir issue. The BJP-led NDA has been accused of anti-Muslim bias. Now they are frothing at the mouth, again.

Highlights of the CAA

The below listed important provisions are excerpted from the ‘The Citizenship (Amendment) Act, 2019, which is an act further to amend the Citizenship Act, 1955. 

• Persons belonging to the faiths of Hinduism (Hindus), Jainism (Jains), Sikhism (Sikhs), Buddhism (Buddhists), Zoroastrianism (Parsis), and Christianity (Christian) who entered India on or before 31 December 2014 will not be treated as illegal migrant.
  
  
• Such person shall be deemed to be a citizen of India from the date of their entry into India.
   
• Under the Citizenship Act, 1955, the most important requirement for citizenship by naturalization is that the applicant must have resided in India during the last 12 months, and for 11 years of the previous 14 years. The CAA relaxes this 11-year requirement to six years for persons belonging to the above-mentioned religions and three countries.
  
  
• Nothing in this section shall apply to tribal areas of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under 'The Inner Line' notified under the Bengal Eastern Frontier Regulation, 1873.
  
  
• The Inner Line Permit allows an Indian citizen to visit or stay in a state that is protected under the ILP system. The system is in force today in the north-eastern states of Arunachal Pradesh, Manipur, Meghalaya (notification issues recently), Nagaland and Mizoram; no Indian citizen can visit any of these states without an ILP unless he or she belongs to that state, nor can he or she (over)stay beyond the period specified in the ILP.
  

As you see, there is nothing anti-Muslim here. Also, it has nothing to do with Indian citizens.

A Muslim from any country, including from Afghanistan, Bangladesh, and Pakistan, can apply for Indian citizenship. However, she will have to come through the normal process, and not through the expedited process that will be available to non-Muslims from these countries.

The three countries of Afghanistan, Bangladesh, and Pakistan have been explicitly mentioned because they are avowedly Muslim, with Islam as a state religion. It is an open secret that religious minorities of Hindus, Christians, Jains, Buddhists, and Parsis are greatly discriminated against, persecuted in every way possible, and denied basic freedoms.

Forced conversions to Islam are an ugly fact of life while blasphemy laws are routinely used to harass and intimidate religious minorities in these countries.

Tamil Hindus of Sri Lanka

A moot question that many people have raised relates to the Hindu Tamils of Sri Lanka. Why haven’t they been included in the CAA?

It is true that the Tamil speaking Hindus in Sri Lanka were, for decades, severely discriminated against, on the basis of their ethnicity, by the majority community of Sinhala-speaking Buddhists. In fact, such discrimination was the fundamental reason behind the rise of Tamil separatism, spearheaded by the dreaded Liberation Tigers of Tamil Eelam (LTTE).

However, ever since the end of the war that effectively smashed the LTTE out of existence, the Sri Lankan government has ended decades-old discriminatory practices against the Tamil Hindus. Today, Hindus are not discriminated against in Sri Lanka like they were in the past.

NE India: Identity Crisis & Changing Demographics

A social group may fear that its identity and culture would be swamped, whether within a state or in the country at large. Smaller groups within a state or province may have legitimate fears of being overridden by larger or more powerful groups.

The idea of difference, or strangeness, dominates the human psyche. As a species, we believe that we are ‘different’ from animals (though science would classify us as mammals, and therefore an animal species). Even as individuals, we believe that we are different from ‘the others’. This belief, the outcome of social, cultural, and religious moorings, shapes our identity. It also develops our perspective, shapes our attitude, and defines our understanding of the world around us.

In a multi-cultural and multi-religious country like India, the interests of various groups tend to diverge, which, unfortunately, has engendered a divisive nature in us. Concerns, arising from threats to one’s distinct identity, often precipitate the process of transformation of a religious or ethnic or linguistic or cultural identity into a political movement designed to ‘protect’ the so-called distinct identity.

India’s NE states are characterized by great religious, ethnic, linguistic, and cultural diversity. Meghalaya, Mizoram, and Nagaland are Christian majority states; Sikkim has a Buddhist majority; Tripura has a Hindu majority; Arunachal Pradesh has a Buddhist and Christian majority, while Manipur has a Christian and Hindu majority (in equal measure).

The 'Outsiders' in NE

The native people of Assam have, for long, resented the presence of outsiders amidst them. By ‘outsiders’, we mean the illegal migrants from neighbouring Bangladesh who have poured into Assam, West Bengal, Meghalaya, and Tripura.
The Assamese accuse the Bangla-speaking illegal Muslim migrants of grabbing the local economic resources, grabbing land, and imposing their way of life on the hapless natives. In some parts of Assam, illegal Bangladeshi migrants constitute nearly 40 per cent of the population.

In her incisive monograph titled, ‘Illegal Migration from Bangladesh’, for the Institute for Defence Studies and Analyses, Pushpita Das, writes that:

• The unrelenting migration from East Bengal/East Pakistan (later Bangladesh) into Assam, Tripura and West Bengal was clearly brought out in the census data on population growth of these bordering states. For example, in the first three decades after independence, Assam registered an overall population growth of around 35–36 per cent, way ahead of the national average of around 21–25 per cent, indicating a rise of population through migration.
  
• The Bangladesh Liberation War of 1971 triggered yet another massive inflow of refugees into India. It was estimated that close to 10 million people from East Pakistan had entered India.
  
• To make matters worse, most of the migrants who were deported from Assam in the 1960s re-entered the country. The steady rise of Muslim population in the state from 24.68 per cent in 1951 to 28.43 per cent in 1991 to 34.2 per cent in 2011 is also taken as an indication of large-scale migration from Bangladesh, an assertion further reinforced by the increase of Muslim population in the bordering districts of Goalpara, Nowgong and Cachar, from 42.94 per cent, 34.18 per cent and 38.49 per cent in 1951 to 51.31 per cent, 38.42 per cent and 45.47 per cent respectively in 2001.
  
• Post-independence, Tripura also witnessed massive inflow of people from East Pakistan, a majority of whom were Hindus. As a result, in the first decade after independence, the state’s population increased by 78.71 per cent, which was highest in the country. In the subsequent three decades, the population growth rate continued to hover around 30–35 per cent. The share of tribal population in the state, on the other hand, decreased from 53.16 per cent in 1941 to 31.50 per cent in 1961, which further decreased to 28 per cent in 1981. (end of excerpt)
  

In this context it is pertinent to know that perhaps the bloodiest fight over resources between the natives and the illegal migrants took place in Nellie in Assam’s Nagaon district in 1983, when over 2,000 migrant Muslims, including women and children, were killed in attacks by local tribals.

An Aside on Demographics of Bengali Speakers in NE India

The total number of Bengali speakers in India, as per Census 2011, is 9,72,37,669 (9.72 crore approx.). Of these 7,86,98,852 (7.86 crore approx.) reside in West Bengal. A total of 1,85,38,817 (1.85 crore approx.) Bengali speakers reside outside WB.

Where does most of the 1.85 crore Bengali speakers reside? The table below lists the absolute number of Bengali speakers in NE states, most of which are predominantly tribal.   

Source: Census 2011

Most importantly, large-scale illegal migration into West Bengal and NE states has led to a sharp fall in the availability of land for cultivation and great scrambling for mostly unskilled jobs. The native folks residing in various NE states deeply resented (and continue to resent) the presence of illegal migrants who were not taking away their sources of livelihood but were also, in some places, imposing their way of life on the natives.

As you can see, the people of Assam and NE states are protesting not just against people of a particular religion, but against all ‘outsiders’ who they accuse of nibbling away at economic opportunities and swamping their way of life.

As for the CAA in general, all it has done is to reduce the window of waiting period for the persecuted minorities in three countries to get Indian citizenship from 11 years to five years.

Last Word

As you must have observed, most of the ‘violent’ anti-CAA protests are taking place in BJP-ruled states. In states ruled by the Congress or where the Congress is in power via coalition, no violent protests have taken place. Even in Hyderabad’s Old City area, a stronghold of the AIMIM, a staunch Muslim party, there have been no violent protests. 

What this tells us is that the protests by the Muslim community in BJP-ruled states are politically sponsored by anti-BJP forces.

I think a great failing of the BJP has been ‘communication’. The party has several effective public speakers, yet they have failed miserably in communicating to the public, especially Muslims, that the CAA has nothing to do with Indian citizens.

It is pertinent that the Central Government carefully manages the aspirations of distinct groups, as this is critical to ensuring social stability and maintenance of peace and order. Also, it would be great if the BJP runs an effective information campaign about the CAA to counter the misinformation and malacious propaganda about the CAA.

Random Musings on Developments in Karnataka

Some random ramblings on the Karnataka situation.

The situation appeared grim for the BJP, right from the start. 

Before the Floor Test took place in the Karnataka Assembly at 4 pm yesterday, the following were possible scenarios I had shared with my Readings Broadcast List on WhatsApp.

(1) The BJP might just scrape through with a little help from some Congress   Lingayat MLAs for two reasons:

a.  their unhappiness with the possibility of a Vokkaliga CM (H. D. Kumaraswamy is a Vokkaliga) and

b.  B. S. Yeddyurappa (BSY) is a Lingayat.

(2) Also, the Congress and JD (S) MLAs know that even if BSY lost the trust   vote, the BJP won’t keep quiet. Over the next few weeks, the party will   try to engineer defections in the INC and JD (S) – thus turning the   numbers in the BJP’s favour.

(3) The fence-sitting INC and JD (S) MLAs also know that if they go out of   power (forming the government now and losing the majority later), they   may just lose the chance to make money (that is why they are in politics, aren’t they?) and stay relevant.

(4) If the BJP would engineer defections, it would be for today and 2019. The Karnataka battle will bruise the BJP in the short term but will pay rich dividends in 2019. Remember, all politics is local.

(5) However, despite all this and more, the BJP may just lose the Floor Test.

(6) BSY might resign before the Floor Test. I shared this message ten minutes before the proceedings started.

As it is, BSY resigned as the BJP could not muster support from the rival parties.

Following the resignation, the INC and its media friends went to town with grand statements that the Constitution has been saved, that democracy has won, and that there is widespread disenchantment with the BJP for its policies of demonetisation and the GST.

Let’s look at the tripe of ‘the Constitution has been saved’. In inviting the single largest party to form government, the Governor strictly went by the law (as laid down by the Supreme Court). If the INC and JD (S) had a pre-poll alliance, the Governor would have invited the alliance.

The Congress says that the BJP was rejected in Karnataka. Only arrogant folks will mouth such laughable statements, especially after the Congress went down from 122 seats to 78 seats while its arch-rival raised its tally from 40 to 104. The Congress’ humiliation cake had an icing: the chief minister Siddaramaiah lost from one of the two seats he contested.      

Consider the dumb idea of ‘democracy has won’. It beats reason when a party with just 38 seats is extended support by a party with 78 seats – the post-poll alliance between the JD (S) and the INC has only one objective: keep the BJP out. The post-poll alliance between the INC and the JD (S) is a marriage of convenience and as with all such marriages, it won’t go far. Too many inflated egos and contesting vote-banks will scupper any chance of a full-term for the alliance.

In the end, I think the biggest loser in the Karnataka saga is the Congress party and the biggest winner is the BJP. The BJP might have lost the Floor Test but in the eyes of the voter in the street, it came across as a victim of the post-poll alliance between opportunistic parties.

One more thing: the noise over the Federal Front and the rejuvenation of the INC is all humbug.

In the Federal Front, super large egos, of regional leaders like KCR, Mamata Banerjee and Chandrababu Naidu, will force them to behave like crabs.

The INC, under Rahul Gandhi, is tottering and losing election after election. Enough said about the INC. 

Sunday Reads

• Why we should defend the right to be offensive. (BBC) Also read Threat to free expression in Britain. (Economist)

• Amaravati: From mythology to reality. (Hindu)

• What will it mean if the Yuan gets Reserve Currency status? (Bloomberg)

Sunday Reads - Maharani on the move + Rediscovering the dynasty?

This blog post comes exactly one month after my last post; I could not blog due to personal reasons. 

• What's the appeal of a caliphate? (BBC)

• The world's biggest economic problem. (Economist)

• Maharani on the move. (India Today)

• The Gandhis Can’t Discover Key to Post-Modi Politics Until They Rediscover Themselves. (New Indian Express)

Sunday Reads - Life, Assam Violence, & Brand NaMo

• Assam violence - Five key facts about the Bodo-Muslim conflict. (First Post)

• The way life thinks. (TLS)

• What India expects from Modi. (The Hindu) For once, The Hindu publishes an article on NaMo without the usual rancor.

• The making of Brand NaMo. (ET)

From the archives: The Explainer: Inflation

Self-Immolation & Dhoni needs to speak

• Remembering the Ibrahimi Mosque Massacre (AlJazeera)

• Will Pranab Boro's self-immolation spur Assam into land reforms? (First Post)

• Oral sex could be leading to greater incidence of throat cancer in Chhattisgarh. (TOI)

• Why Dhoni needs to speak out. (Cricinfo)

The Telangana Tangle

Source: Avinashtoon Blog

Its official. India's 29th state, Telangana, is in the making. The Union Cabinet and the Lok Sabha (at the time of writing this, the bill was in Rajya Sabha) have approved the formation of the new state of 'Telangana'. However, the Lok Sabha witnessed unprecedented chaos during the time of the passing of the Telangana bill. Read the below series of articles on the Telangana tangle.

Chaotic endgame 

Immoral Act

The Temple of Democracy

The Final Outrage

What's this democracy worth

Mid-Week Reads - The Best of Politics, Economics, & Ideas

This blog is known for its recommendations on varied and 'hatke' reads. Here are a few more:

• The Man who would be ex-president. (Harper's)

• Do you identify as intelligent? (Last Word on Nothing)

• Trading on superstition. (BBC Future)

• Bihar police: United in khaki but divided by caste barracks. (Indian Express)
  
  
  
  
  The privately owned reusable spacecraft lifted off from Cape Canaveral Air Force Station on Sunday to make its first official cargo resupply mission to the International Space Station. Reuters' graphic provides some details on the mission and the spacecraft.
  
  
  
  
  
  
  
  
  

Sunday Reads - The Best of Politics, Economics, & Ideas

The Best of Reads Series is restarting after a six week break.

• Mizoram's Wild Flower. (Open Magazine)

• Why one Indian mother gave away her daughters. (BBC)

• Elephants Dying in Epic Frenzy as Ivory Fuels Wars and Profits. (NYT)

• I often have to cut into the brain. (Granta)
  
  
  
  

Weekend Reads, Videos, & Masala

Reads

• Is Greece on the verge of sovereign default? (Vox)
• Sudan is back on the verge of war. (Foreign Affairs)

Masala

If you are interested in celebrity gossip, then check out http://www.thesuperficial.com/

Videos

Jayalalithaa, the Chief Minister of Tamil Nadu, is nicknamed the 'Iron Butterfly'. A few years ago, she was interviewed by the irrepresible Karan Thapar on the BBC.

If you are wondering why she has such a peculiar nickname, then watch the three-part video series of her BBC interview; trust me your respect for her (even if its momentary) would go up a few notches.

Part 1 of BBC Interview

Part 2 of BBC Interview

Part 3 of BBC Interview