AUGUST 4, 2019 • THE WEEK 33BY RABI BANERJEE
THE UNITED NATIONS has taken strong exception to the
National Register of Citizens (NRC) process in Assam, calling
it “discriminating between other religious groups and Mus-
lims”. Such criticism by the world body is unprecedented;
India has not faced it ever, even on the Kashmir issue.
The UN Human Rights Council (UNHRC) employed three
special rapporteurs to study the NRC issue and their report
is critical of the Narendra Modi government. The three in-
dependent experts—Ahmed Shaheed (freedom of religion or
belief), Fernand de Varennes (minority issues) and E. Tendayi
Achiume (contemporary forms of racism, racial discrimina-
tion, xenophobia and related intolerance)—concluded that
the NRC process could exacerbate the xenophobic climate
and fuel religious intolerance and discrimination.
The report said more than 40 lakh people in Assam,
in particular Muslims and Hindus of Bengali descent, were
excluded from the draft NRC list prepared in June last year.
More than 30 lakh revision claims have been filed by those
excluded since then, while an additional two lakh objections
have been added against individuals previously included.
In June this year, the NRC authority named another 1.02
lakh people, earlier found to be valid citizens, as possible
infiltrators.
The UN report criticised the deadline for the final
NRC list, which it says has been fixed notwithstanding the
significant number of pending revision claims and objec-
tions and the complex NRC modalities. It also questioned
India's Foreigners' Act, which puts the onus on individuals to
prove their citizenship status. “In nationality determination
processes, the burden of proof should lie with the state and
not with the individual,” said the report. The experts also
highlighted the lack of clarity in the link between the NRCGrouse goes global
UN agencies call the NRC process discriminatory and a sharp deviation
from India’s track record on human rightsextreme consequences for millions of
people. It is extremely important that the
Indian government gives an explana-
tion and provides information to UN
organisations. India will have to adhere
to international standards. Because the
NRC has the potential to cause disinte-
gration, we want collaboration from the
Indian government, like we got in the
past. We have not received any informa-
tion from the Indian government. It is
very unfortunate. India must understand
that the allegations are grave.
It is very disturbing that such
allegations are made against India,
which is a vibrant and mature
democracy.
India has a proud tradition and history of
protecting its vulnerable and marginal-
ised population. That is why we expected
a lot, or, at least, a clarification. Not get-
ting even that is not only disheartening,
but also very unfortunate. We need more
collaboration from the Indian govern-ment regarding this.
Since independence, India has made
huge contributions regarding human
rights and giving protection to religious
minorities. But today, India is facing
extremely grave allegations and a large
number of people are suffering. The
situation could destabilise the region
and the people. Therefore, India's
non-response is unfortunate. I would say
that although your country was once an
example, there is now a lot of room for
improvement.process, electoral roll information and the separate judicial
processes of citizenship determination before the Assam
Foreigners’ Tribunals.
In a scathing indictment of the Union government, the
UN experts said they did not receive any response from
concerned authorities despite repeated requests. Rupert
Colville, global spokesperson for the UN high commissioner
for human rights, said the high commissioner's office had
issued a warning to the Indian government based on the rap-
porteurs’ observations. UN officials said the UNHRC and the
UN Refugee Agency had utmost respect for India. “But that
reputation is at stake as the Indian government has failed to
give any clarification despite being asked to,” said a senior
UN official based in Geneva.
Liz Throssell, spokesperson for the UN Refugee Agency,
said those who were excluded from the final NRC list faced
the risk of being stateless and would be deprived of all
government facilities and even basic services. “The UN is
against it and our opposition is strong,” she said. She did not
accept the explanation that the NRC process started after
India signed the Assam Accord in the 1980s with the leaders
of the Assam movement, promising to drive out infiltrators
from the state. “We would urge India not to deport and de-
tain people and deprive them of their basic rights. We know
India has sovereign rights and the right to detect foreigners.
But it has to understand concerns like human rights viola-
tions and statelessness,” said Throssell, emphasising that
even foreigners should not be deprived of their basic rights.
Adrian Edwards, global spokesperson for the UNHCR,
said his organisation would seek immediate intervention of
the Indian government to restore human rights in Assam. “It
is certainly a worrying situation. India is a signatory to the in-
ternational conventions on statelessness and human rights.
It should adhere to those conventions.”