Caa NPR NRC
Caa NPR NRC
Caa NPR NRC
1) Do you want get the ENTIRE concept ? And not let any media/politician/friend FOOL you on
this matter ?
2) Will it be LEGALLY possible to be adopted by Modi Govt ? Yes.
3) Can Illegal Migrants be RELEASED from Detention Centres ? Yes.
…my ONE YEAR’s of research study will take you 30 minutes of reading and at the most One
day’s reflection J …read on…..
I will not ask the question to SANE people, if NRC & NPR is REQUIRED in India or not.
CAA-2019 is surely a welcome law, required to be done by India, WILL be won in Supreme Court
battles in the coming years ( but at the same time this BJP-RSS-propaganda of population
reduction FIGURES of Hindu’s in Pakistan/Bangladesh, is complete Hogwash )
Let me start the discussion with a JOKE-kind-of kissaa which is/was true state of
affairs…CORRUPTION along the borders of India-Bangladesh was RAMPANT until a few years back.
The border check posts in India, its Incharge used to take money from Bangladesh Checkpost Incharge
and infiltrate people into India. And the JOKE is that the Bangladeshi man used to reach the border and
start running in the direction of Bangladesh itself !! He used to be caught by the Bangla Security Force,
beaten to pulp and taken to the Indian check post and complain that this guy was running “into”
Bangladesh FROM India !!! and then pushed “BACK” INTO India !!! Llo kallo baat !!!!
CAA, NRC & NPR needed detailed legal study….these are my views…They are in bullet point format
and hence would seem very disconnecting, but the FACTS presented are extremely important and deep.
You are open to discuss/debate/correct/discard ….most welcome…..
What is Citizenship :
It is defined as a Right to have Rights ( all, or maximum rights are usually with the Citizens of a country.
Non-citizens have LESSER rights than citizens ). Refer Article 14, Article 21, Article 25, Article 32, of
our constitution, for rights to all “People” in India. For “Citizens” additionally, you may refer to Article
nos 15, 16, 19, 29 & 30
Basic reasons leading to have a necessity of a certain country’s citizenship – INEQUALITY in many
aspects of living, success, persecution by the majority, war, etc.
1
Article 10 : All citizens as on 26/11/1949 – would remain as Indian citizens with all the rights and laws
applicable on them.
Article 11 : Citizenship shall be allowed only by Central Government ( Union List ). Constitution gives
all rights to Central Government to make any laws on Citizenship – PERIOD.
Who can become Indian Citizens AFTER 19/11/1949 : To make this clear, the Citizenship Act 1955 was
passed. Amendments came up in 1984, 85, 92, 2003, 05 & 2019.
CA,1955 there are 19 Sections : Important topics are How to acquire citizenship and How the Indian
citizenship would be terminated.
Acquisition of Citizenship :
Sections 3 : Jus Soli – or Citizenship by Birth – whoever is born in India shall have the right to be an
Indian Citizen
Section 4 : Jus Sanguinis - which means “by blood relation / descent” but born in a different country and
the child can also be an Indian citizen, provided the child’s registration of birth is done within 1 year of
birth. In 1955, father was to be an Indian citizen.
( Jus Soli & Jus Sanguinis were amended in 1985 & 2003 ).
Section 5 : Citizenship by Registration
– if a PIO wants to become a Citizen of India – he/she should do the registration within 1 year.
Here he/she should be staying 6 years ( out of 8 years ) in India and the 7th year full continuous
stay in India.
- Spouse of foreign national also can do the registration - example Sonia Gandhi
Section 6 : Citizenship by Naturalisation
- Special Right : A foreign national but a BIG name in the field of Science, Arts, Literature, etc
and wants to have an Indian citizenship – example Adnan Sami
- Normal Right : example who has come for doing a job ( Expertise in certain fields ) and stayed
for many years. Here he should be staying 11 years ( out of 14 years ) in India and the 12th year
full continuous stay. Few conditions like he must know at least 1 Indian language, etc.
Section 7 : Citizenship through incorporation of territories. Examples 1961 we got Goa from the
Portugese, 1962 we got Pondicherry in France, 1974-75 we got Sikkim, Behrubari, and also 2014
adjustments by Modi with Bangladesh on border villages.
Termination of Citizenship :
Section 8 : Renunciation - Own will
Section 9 : Termination ( for example India does not allow Dual Citizenship and his citizenship can be
terminated if found )
Section 10 : Deprivation. Central Govt has the right to remove for other reasons with Due Legal Course
( wrong documentations submitted on purpose, always in Jail after getting citizenship, etc ).
Indian Refugee Policy – India did not agree to International conventions of 1951, 1967 ( many countries
agreed to a fixed Refugee Policy ). India decided it to be Ad-hoc or case to case basis
Pakistan had 24% Hindu’s in 1947 and today its 1.8%. But this is not correct and its all a propaganda by
RSS/BJP. In 1941, West Pakistan had 14% Hindu’s and 10% in East Pakistan. In 1951, in West Pakistan
the Hindu’s became 1.3%. Same thing happened in Indian state of Punjab ( 32% Muslims in 1941 and 0.8
Muslims in 1951 !!! ). Biggest reason of declines were Migration/Immigration ( small reason were
killings during partition ). Thus “percentages” ALSO changed.
East Pakistan had 28% Hindu’s in 1941. In 1951 it was changed to 22%. Obviously mostly its
Migration/Immigration. And Assam faced the biggest brunt. Thus “percentages” ALSO changed.
2018 the Hindu’s in Bangladesh became 8.5%.
2
- in 1959 Tibetans along with Dalai Lama wanted to become Indian Citizens due to
exploitation/persecution there – approx. 80k followers
- Sri Lanka – after independence, in 1948 a law was passed whereby 700,000 Indian Origin
Tamil’s became Stateless !! Till today 450k are ALREADY made Indian citizens!
Finally 1984 - Punjab saw separatism/terrorism ( Bhindranwale ). Operation Bluestar was carried out by
Indira, thousands died. Indira was killed. Rajiv Gandhi became PM, elections happened and he got an
unprecedented majority. He decided to get back to the major issue that Indira was involved - Assam. 22
days later he made the very important ASSAM ACCORD ( on paper on 15th Aug 1985 ) !! Three parties
signed the Assam Accord – Home Secretary, Assam State Govt Chief Secretary & 3 leaders of Assam
Movement Leaders. Provisions of Assam Accord – most important Clause 5 said the following :
1) Cut off Date would be 1st Jan 1966 or 1967 Voter’s list for making then Indian Citizens.
2) 1/1/66 to 25/3/71 – People who came in India , they have to register themselves with
Government ( under Foreigners Act 1939 ). They would not be considered in the voter’s list for
max. of 10 years and would be given all civil rights including passport.
3) After 25/3/71 – To be detained, deleted & deported
1985 Vidhansabha Elections were called for again. New party Assam Gan Parishad ( Aasuu & AAGSP ).
ASG won by a huge margin.
Then came CAA-1985 ( yes CAA was done first by Rajiv Gandhi ). They inserted Clause 5 of Assam
Accord !!
CAA-1986 – Section 3 was modified ( Born by birth ). Till 1986 India had the law as USA i.e. if born in
India, then only that child has a choice to get Indian citizenship. CHIDDU was the home minister then
and this (Jus Soli) was amended in 1987 – At least the father or mother was to be an Indian National and
only then their child born on Indian soil could have the choice to become an Indian citizen.
CONgress then ( conveniently ) almost forgot about the GROUND LEVEL Implementation of this
Assam Accord !!! Indira’s IMDT (see above) was still continued in Assam in spite of the Assam Accord
been passed !!!
4
1991 Assam elections – CONgress won the State elections and did nothing for Illegal Bangladeshi’s.
CAA-1992 : Section 4 earlier said that if a Father was an Indian, only then the child born in foreign
countries could be an Indian. If Mother was an Indian, the child could not be an Indian citizen. This
gender bias was abolished.
1996 Assam elections. ASG wanted to IMPLEMENT the earlier Assam Accord provisions.
2001 to 2016 Assam had CONgress government !! Not much was done for Illegal Immigrants !
In fact in 2001 CONgress said to Supreme Court that IMDT was good for Assam ( in spite of the Assam
Accord ALREADY done by Rajiv Gandhi in 1985 !! I have no words for this SHOCKING decision of
CONgress in 2001 )
Supreme Court finally abolished IMDT in 2005 ( simply logic that Conviction rate was very low, Assam
Accord was already there and IMDT was contradicting it and there cannot be a law in Assam for the
“government” to prove that a person is an illegal migrant and in rest of India the person had to prove his
citizenship ).
2010 : NRC was done as a PILOT project in 2 regions of Assam ( basically trying to implement Assam
Accord ). Violent reactions and hence CONgress stopped NRC in Assam.
2013 : Petition in Supreme Court that what the HELL is going about in the past 28 years that Assam
Accord was not implemented by CONmen !! Supreme Court ordered NRC to be done. Nothing was done
by CONmen in the State Govt of Assam till 2016.
2016 government in Assam changed to NDA partner. AND both the Center and State completed NRC in
Assam in 2019 !!!!!!!!!!!!!!!
2014 – Election manifesto of Modi : Illegal Migrants to be removed from India &
Hindu’s/Sikhs/Jain/Bauddha who are persecuted, to get Indian citizenship.
5
So after winning Modi-Govt decided 6 persecuted religions Hindu, Sikh, Bauddha, Jain, Christian, Parsi
from 3 neighboring countries Bangladesh, Pakistan, Afghanistan ( Excluded : Atheists, Jews, Specific
sub-muslims like Shia’s, Ahmadiah’s, Hazaaraa’s, Sufi’s, etc )
Date decided was the above persecuted people who ALREADY came and SETTLED in India BEFORE
31st Dec 2014, would be given an Indian citizenship ( NorthEast region was not happy with this, Assam in
particular )
Modi-Govt is NOT making Persecuted Hindu’s as citizens if they are illegals and came AFTER 31st
Dec 2014 !! So there is no BIAS here at all with respect to religion and Modi-Govt just wants to say
that all illegal immigrants who came into India in the “CONgress times” or BEFORE “Modi-
AmitShah times” have to be treated with a LAW !! Simple !!!
2015 – Passport Act was amended : 5 year jail term not applicable to above-mentioned persecuted
people.
2016 – Same amendment of Passport Act was included in the rules of Foreigners Act 1964.
2016–CAB proposed that the above-mentioned persecuted people were removed from the “Illegal
Migrants” definition. CAB-2016 was rejected by Joint Parliamentary Committee & the upper house. JPC
recommended to remove the names of religions and put the word “Persecuted Minorities – and define the
minorities in the RULES of CAA-2016. But Modi-Govt knew that “RULES of an Act” are easy to change
than to change an ACT itself and that the “next” government can easily change the RULES. So basically
it was a PLAY of words of politicians, whereas Modi was DIRECT to the point.
2017 Myanmar - a law was passed whereby Rohingya’s became Stateless! Approx 30k Rohingya’s
entered India in just one year in 2017 through the Eastern states of WestBengal, etc. All CONmen are
supporting these illegal Rohingyas !!!
CAA-2019 : JPC finally passed the bill and next day it was passed in Lok Sabha and the following day in
Rajya Sabha !!
6
Rules of CAA-2019 were to be made by Home Ministry and yet to be presented to Loksabha and
RajyaSabha because of Covid-19 emergencies and Home Ministry staff is extremely busy elsewhere.
Opposition say it is to please Assam State election voters – whereas these very CONmen have NO right
to speak about Assam matters as they were sleeping from 1947 till 2014 for illegal migrants issues in
Assam that has ALREADY changed the demographics of Assam’s ethnic population. RULES are
expected to be presented in April & July to LS & RS respectively.
People need to know the ENTIRE background explained above regarding Illegal migrants, so that ANY
politician of ANY party cannot put anything wrong in our minds.
----------------------------------------------------
7
of Jews and population is extremely low for e.g. Afghanistan has 1 (ONE) Jew citizen only ! Atheists
would be dealt one to one as there are very few cases like these.
- Why only 31st Dec 2014 ? Government will then ask the opposition or the Supreme Court to chose a
date J Also second argument would be that 2014 is when Modi came into power !! 31st December or 1st
January is always a good date for EASE of implementation.
Census : Done by Home Ministry ( Registrar of General Census, Census Commissioner, Registrar of
Birth & Death) every 10 years ( 1872 was the first time done in India ). Census Act 1948 defines the
Rules and procedures. Birth & Death Act 1969 helps this department to update records as they happen.
Specific phases of CENSUS every 10 years ( in 2 stages – House Listing & Enumeration/counting ).
Because of Covid, the 2021 Census procedures will start late. Census looked only if a person is SC or ST
( 1931 was the last time where sub caste/religion counting was done ….and the WORST part that
CONgress did was that they did not do OBC from 1990 to 2011 and the Census done in 2011, is were not
PUBLISHED by the DIRTY conGRESS government till 2014…reason was that Hindu’s for the first time
came below 80% !! ). Language, Literacy, Electricity availability, Drinking Water availability, Divyaang
and other socio economic parameters like Urbanization, Agricultural population, other economic activity,
etc.
NPR/NRC first time was mentioned in the CAA-2003 Rules. Both NRC & NPR are to be done by the
same Registrar/Commissioner that is mentioned above !!
Modi-Govt has already CLARIFIED that there is no relation between CAA-2019 & NRC & no relation
between CAA-2019 & NPR !!! Just that they all are mentioned in the CAA-2013-RULES and CAA-2003
was also SUPPORTED by CONgress and CPM, etc. Rules say that NPR would be done FIRST. Next will
come NRC which people will not even realize because NPR was already done earlier and authorities
already have the data that they want !
CORRUPTION being rampant in India and all documents like telephone numbers, driver license, ration
cards, aadhaar cards, etc can be achieved by sitting at home. Modi-Govt asked SC that they wanted to
scrutinize 10 to 15% people ( on the border of Assaam ) ONCE AGAIN , but SC said that already 27% of
the Assamese population was scrutinized VERY well and more scrutiny is not needed. SAME this will
happen for PAN India when Pan India NRC would be done !!!
Implementation of Assam NRC started one year later ..but the Convener issued an order in Oct 2020 to all
DC’s to check these people and their descendants ( around 8k to 10k ) :
1) How come some people who were declared as Illegal Immigrants in Foreigner Tribunals ( as per the
Foreigners Act 2004 ) became Indian citizens in NRC-2019 ?
2) How come the DOUBTFUL VOTERS tagged people by Election Commissioners become Indian
citizens in NRC-2019 ?
3) How come the PENDING LEGAL cases in Foreigner Tribunals, those people became Indian citizens
in NRC-2019 ?
High Court asked the government what was wrong on the PROCESS in the above mistakes. Govt asked
for the RE-CHECK of the earlier demanded 10 to 15% cases of NRC-2019
If the person gets a REJECTION Slip from NRC authority, then he can appeal to Foreigner’s Tribunal (
around 200 such tribunals are coming up in Assam – Pandemic delay ). If Foreigner’s Tribunal declares
him as a foreigner, then that person STILL has a chance to go to High Court !! VERY rare cases appeals
can go to SC ( i.e. if HC says so ). Deportation and Detention shall be done accordingly ( 10 centres in
India - Assam has 6 centres already, Delhi, Goa, Rajasthan & Bangalore. Govt is talking with States to
build more. USA has around 200. Australia has around 400, China has around 400. USA KEEPS and
deports around 4 lakh people every year from these DETENTION CENTRES. UK around 25k are kept in
these centres every year ).
Supreme Court has told Modi-Govt in 2018 to make a new MANUAL for conditions, systems,
procedures and not treat all as criminals ( many could be innocent ). All HUMAN RIGHTS should
9
be applicable ( schools, water, light, etc ), they could contact their lawyers, they can contact their
respective country’s embassy’s, etc. Supreme Court also gave an order recently that if more than 3
years no decision happens, then they are to be RELEASED to the outside world on bail from 2
Indian citizens ( 1 lakh each ) with periodic attendance in the local police station.
NRC would be done through NPR ( most people would give their details in NPR ). NPR would be done at
the time of Census-Housing-Listing. So the costs to implement NRC in India, would be VERY less.
“MY” CONCLUSION :
These concerns to implement NRC are genuine and ESPECIALLY looking at the estimated
FINANCIAL costs of approx 2 to 3 lakh crore rupees to HANDLE THE ILLEGALS, my
suggestion to the government is :
1) Start the NPR/NRC project and make a definitive list – AFTER due processes at the
Tribunal/High-Court/SupremeCourt. Make these illegal guys traceable by some means
(privacy privileges etc are not applicable to them). Try and deport as many as possible.
2) Lateron, make all DECLARED/PROVED Illegal Migrants, including MUSLIMS, as
Citizens/Refugees, but without-voting-rights-only. Re-locate them to many states ( like 1 lakh
Tibetians were done in Himachal, Karnataka, etc ; like Uganda people were relocated in
various villages of Gujarat, etc )
3) But, lekin, kintu, parantu – make all of them citizens/refugees, ONLY AFTER 100% securing
borders reasonably well in say next 5 years ( laser walls, electrified fences, satellite imagery
detection techniques, etc and spending the SAVED money well J ). At least I will not blame
Trump if he wants to build a Wall…..Illegal migrants this is a GENUINE problem and a
RECURRING problem for any progressing country….yes India IS progressing and soon will be a
developed country – Koii Shaque ??
10