Hailakandi: Joydeep Biswas has been an integral part of the awareness drive related to the update of the National Register of Citizens, 1951 and the Citizenship (Amendment) Bill, 2016, in the Barak Valley in South Assam. An associate professor of economics with Cachar Colege, Silchar, Biswas shares his views
Excerpts...
TT: What does the NRC update mean to you?
Joydeep Biswas: The NRC update is a quasi-judicial process according to the provisions of Section 18 of the Citizenship Act, 1955 and Section 4 (A) of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rule, 2003. The register will include the names of bonafide Indian citizens.
TT: Will the NRC help in resolving the foreigners issue if the Centre pushes the Citizenship (Amendment) Bill, 2016?
JB: The answer is 'no' for two reasons. The Citizenship (Amendment) Bill in its present form does not provide citizenship to anybody. It is at best a piece of enabling legislation. It decriminalises post-1971 migration from across Pakistan, Bangladesh and Afghanistan with respect to non-Muslims. If enacted, the bill will merely give them the right to apply for citizenship under naturalisation. Two, the bill will not stand legal scrutiny.
TT: What should be done with those who do not figure in the final NRC?
JB: Any Indian has to find their name in the NRC. Just because someone's name is not in the NRC does not make her/him ipso facto a foreigner. Those whose names are not in the NRC will explore all legal options first. Thereafter, the question of taking a call on them will arise.
TT: Several organisations said the NRC update targets the religious and linguistic Bengali population in Assam.
JB:The provision of a safeguard clause in the form of Sub-section 3 (3)under Section 4 (A) incorporated by the Amendment in 2009 to the PrincipalRules has actually made the process biased. Such an allegation has gainedground because of this in - built flaw in the statute book.
TT:The government has not yet come up with the definition of an Assamese?Who according to you is an Assamese and what more, apart from the NRC,needs to be done to safeguard the rights of an Assamese?
JB: The Constitution has given enough safeguards for the rights of citizens. Identity is a matter of choice, not attribution.
