National Population Register,Aadhar,Foreigner's Tribunal,Assam Accord: detailed analysis

Date: July 03, 2019

NPR UIDAI RGI

National Population Register 

National population register (NPR) is a register of usual residents of the country. It is being prepared at the local (village /sub – Town ) , sub , district , District ,state and National level under provisions  of the citizens ship act 1955 citizenship (registration of citizens and issue of National identity cards ) Rules ,2003 .It is mandatory for every usual resident in the purposes of NPR as a person who has refine in a Local area for the past 6 months or more a person who intends to reside in that area for the next 6 month or more.

The National population Register (NPR) is a comprehensive by the identity  data base to be maintained by the registrar general and census commissioner of India Ministry of  home affairs ,government of India (RGI).

Objectives

  1. The National Population register’s main task is to generate the NRIC.The rest will automatically become National register or residents It is called a filtering process ,and involves field verification as well as scrutiny of documents The objective of creating this identity database is to help in better utilizationand implementation of the benefits and services under the government schemes improve planning and security in the country.

Legal backing for NPR    

The NPR is legally grounded in the provisions of the citizen ship Act 1955.It is mandatory for every usual resident in India to register in the NPR as per section 14 A of the citizenship Act 1955 as amended in 2004.

  1. The central government may compulsorily register every citizen of India and issue national identity card to him .

       2.The central government mey maintain a National register of Indian citizen and for that purpose establish a National Authority.

  1. On and from the date of Commencement of the citizenship (Amendment) Act ,2003 the register General ,India appointed under subsection (1) of section 3 of the retraction of births and deaths act, 1969 shall act as the National registration authority and he shall functions as the registrar general of citizen registration .

Demographic particulars     

The following demographic details of every individual are required for every individual are required for every usual resent.

  1. Name of person

       2.Relatioshp to head of household

      3.Father’s name

      4.Mother’s name

      5.Spouse’s name (if married)

  1. sex
  2. Date of Birth
  3. Martial status
  4. Place of birth

      10.Nationality (as declared)  

      11.Present address of usual resident

      12.Duration of stay at present address

     13.Permanent residential address

  1. Occupation /Activity

     15.Educational qualification

What are the procedures to be followed for creating the NPR.

The procedures to be followed for creating the NPR have been down in the citizenship (registration of citizen and issue of National identity cards) rules 2003 Rule 3(4) The Central government mey by an order issued in this regard decide a date by which the population register shall be prepared by collecting information relating to all persons who  are usually residing within the jurisdiction of Local registrar.

How a person can be registered in NPR? 

During the first phase of census 2011 enumerators have visited every household and have collected the details required for the NPR in a paper format .These  forms have been scanned an the data has been entered into an electronic  database. The enrolment comps in each local area is organized the enrolment will be done in the presence of government servants  appoint for this purpose.

 

Will NRI be part of the NPR

By definition , an NRI is not a resident of the Country  Therefore ,they would not be in the NPR till they are non-residents .when they come back to India and take up usual residence within the country ,they will be  included in NPR.

 

What is connection b/w NPR and Aadhaar  (UID Number)

The goal of NPR is almost the same as for Unique Identification Authority of India (UIDAI) ,Which issues Aadhaar cards. NPR and UIDAI work  closely together to create a database of Indian residents NPR will be sent to UIDA for de- duplication and issue of Aadhaar Number thus, The register will contain three elements of Data .

  • Demographic data
  • Biometric data
  • The Aadhaar (UID number)

Difference between the UID and NPR

1-Voluntary vs Mandatory – It is compulsory foe all Indian residents to register with the NPR ,while registration with the UDAI is considered voluntary.

2.Avthentication vs identification-The  UID number will serve as an authenticator  during  transactions The national resident card will signify resident status and citizenship.

 

Issues related to NPR

      1.Many Concerns have been raised about the use of biometrics in terms legality effectiveness and accuracy of the technology.

      2.Information collected during formation of NPR may be misused if safeguardsto maintain privacy are inadequate .

  1. Duplication of efforts by agencies for collecting personel information such as NPR ,BPL censes UIDAI.
  2. Involvement of private agencies in collecting info .can act threat to national security.

 

Foreigner’s Tribunals in Assam

 

  • The foreign tribunal 1964.

The foreigners (Tribunals ) order ,1964 was issued by the central government under sections 3 of the foreigners Act, 1946 .It is applicable to the whole country .Major amendments in the Foreigners (Tribunals ) order 1964 were undertaken in 2013 The last amendment was issued in May 2019. The tribunals have the power to declare piple  foreigners and send them to detention centres before they are deported.Though the order , issued by the Ministry of home affaire on September 23, 1964 had a country – wide jurisdiction it was intended for the state of assam for all practical purposes.

  • Foreign tribunal in Assam

1.It was set up is Assam in 1964 through the foreign tribunal order 1964,At present there are 100 FTs in Assam ,of these 64 were set up in 2015.

 2.Assam also had illegal Migrants determination tribunal which was established 1985 under IMDT act ,1983.

  How many tribunals are there?

Assam at present has 100 foreigners tribunals across the state According to the state’s home department , there were initially ll illegal Migrants (determination) Tribunals ( IMDT) .There were Converted to Tribunals after supreme court  scrapped the illegal migrants (Determination by tribunal ) (IMDT). There were converted to tribunals after the supreme court scrapped the illegal ,migrants (Determination  by tribunals ) act 1983 in 2005 the state  government established another 21 tribunals  that year .Four more were added in 2009 and the remaining 64 were established in 2014 for disposal of cases that were piling up in the tribunals.

Illegal Migrants ( determination  by tribunal ) Act ,1983

The illegal Migrants (Determination by tribunal ) (IMDT) act was an act of the parliament of  India  enacted in 1983 by  Gandhi government . It was struck down by the supreme court of India in 2005 in sarbananda  sonowal  v. union of India

IMDT act describes the procedure to detect illegal from Assam . The act was pushed through mainly on the grounds that it provided special  protection against undue harassment to the “minorities affected by the assam agitation It was applicable to the state of Assam only whereas in other states detection of foreigner is done under The foreigners act 1946.

 Supreme  Court’s  views (Sarbananda sonowal Vs  union of India).

IMDT act was challenged by sarbanandda  sonwal in courts . In 2005 a three –judge bench of the supreme court of India held that the illege Migrants (Determination by Tribunals ) Act, 1983 and  rules  has created the biggest hurdle  and is the main barrier in identification and deportation of migrants and struck down the act.

 

Who runs the Tribunals?

Each tribunal is like a quasi – judicial set  up Its heaed by a member appointed under the foreigners  tribunal act 1941 and foreigners (tribunal) order 1984 as in the  guidelines issued by the government from time to time A member can be a retired judicial officer of the Assam judicial services a retired civil servant not below the rank of secretary and additional secretary with judicial experience or a practicing advocate not below the age of 35 and with at lest  7 yrs  yrs of practices The member is also required to have a fair knowledge of the official languages of Assam ( Assamese, Bengali, Bodo English)`

 

How do the tribunals work?

The Assam police Border organisatuon ,a wing of the state police tasked with detecting foreigners readies the cases for the tribunals  to decide who  is a foreigner and who is not  The government allegedly gives the border  police a monthly target to detect people of suspect citizenship and these cases are refered to the tribunals.

What is the amended Foreigners ( Tribunals) amendment order 2019 that has replaced the 1964 one?

  • The Ministry of home affairs amended the foreigners (Tribunals) order 1964 which empowers district magistrates in all states and union territories to set up tri bubals .earlier ,such powers to constitute tribunals was vested with the central government alone.
  • The amendment order also empowers individual to approach the tribunals . Earlier only the state administration could move the tribunal against an illegal foreigner.

Was the NCR 1951 an exclusive process carried out only in Assam.

The NCR 1951 was an exclusive process meant for Assam . Now it is being updated through a process monitored by the supreme court The MHA notification issued on December 6 2013 to roll out the updation process specifically mentioned that the updation be carried out by the registrar general of India (RGI)only through door to door visit the NRC update happens through applications.

Aside from this exclusive process ,the RGI,s  Office since 2010 has been constituting a National register of population (NPR)> Data for the NPR was reportedly collected during the census 2011 to identify illegal immigrants .Essentially ,theNPR when complete ,will also be a national register of citizens.

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What is NRC

The National register of citizens (NRC) is the list of Indian citizens of Assam .It was prepared in 1951 following the census of 1951 for a person’s name to be included in the updated NCR list of 2018 he/she will have to furnish-

 

Existence  of name in the legacy data-

  • The legacy data is the collective list of the NCR data of 1951 and the electoral rolls up to midnight of 24 march 1971.
  • Proving linkage with the person whose name appears in legacy data.

 

How did NCR verification begin in  Assam

The process of NCR update was taken up in Assam as per supreme court  order in 2013 In order to wean out cases of illegal migration from Bangladesh and other adjoining areas, NCR updating was carried out under the citizenship Act, 1955 and acc. to rules framed in the Assam Accord.

 

Assam Accord – The Assam Accord (1985 )was a memorandum of settlement (MOS)signed between representatives of the government of India and the leaders of the Assam movements in new Delhi on 15 august 1985.

As  per accord, those Bangladeshis who came b/w 1966 and 1971 will be barred from  voting Accord also mentions internatio borders will be sealed and all person crossed over from Banladesh  ofter 1971 are to be deported.