Assam Citizenship Verification Process and India's Citizenship Amendment Act Presented by: Mrs. Samuel Date: 21 November 2021 Citizenship After Partition - Citizenship heavily debated at the Constituent Assembly - A proposal rendering Hindus and Sikhs from anywhere in the world eligible for citizenship was defeated. - In the end: Religion was not expressly invoked as a basis for citizenship under the Constitution. - Jus soli (citizenship by birth) strongly opposed: initially adopted but with caveats Administrative codes: Refugees coming into India were treated differently under categories that were proxies for religion: "migrated to Pakistan", "permanent return" and "permit for resettlement". - Caste, property and patriarchy - Deferred: These contestations have their imprints in today's debates "Assam Accord, 1985" - Refugees from Bangladesh: Fleeing war and persecution - Assam Movement: Popular movement for protection of the Assamese people and against takeover by "foreigners" crossing the border. Student unions led protests across the state. - Political agreement between the Prime Minister of India and student run unions. - Incorporated into the Citizenship Act, 1955 as Section 6A (1985) - Reads as a naturalization provision - those who entered before 24 March 1971 and resident in Assam are deemed to be Indian citizens. - Applied as a citizenship test to all residents in Assam through the National Register of Citizenship (NRC) in Assam (2009) National Register of Citizens - Dual test: Legacy and linkage - Test for the NRC: • (3) The Local Register of Citizen Registration, after the receipt of the application under sub-paragraph (2) shall scrutinize the applications and after its verification, prepare a consolidated list thereof which shall contain the names of the following persons, namely (a) person whose name appear in any of the electoral rolls prior to the year 1971, or in National Register of Citizens, 1951;  (b) descendants of the persons mentioned in clause (a) above Foreigners Tribunals - 1964: Foreigners (Tribunal) Order, 1964 - Quasi-executive by design - Now reshaped as quasi judicial through judicial interpretation - No procedural safeguards - No right to full and fair trial - Reverse burden of proof - Ex parted cases -60% of outcomes are ex parted - Exclusionary by design - Gender discrimination "Illegal Migrant” - 2004 • - 2015 – 2016 • - "Illegal migrants" barred from applying for citizenship Exemptions from prosecution for immigration offences 2019 • Citizenship Amendment Act, 2019