Friday, 3 August 2018

THE NATIONAL CITIZENS REGISTER OR A SCHINDLER'S LIST ?


    The BJP. it would appear, has just hit upon the mother lode of votes for 2019. I refer, of course, to the final list of citizens ( it is not a draft, as being misreported)- the NRC, or National Register of Citizens- released last week for Assam. It proposes to declare four million people as aliens and illegal immigrants, more than 10% of the current population of Assam. Just how shoddily the enumeration has been done is self evident from the glitches that are now piling up. People whose names appeared in the first draft, or who had been declared Indian citizens by the Foreigners' Tribunals, now find their names missing. A father is included, but his children are missing. One brother is a citizen, the other is not. A retired soldier who served in the Indian army for 30 years is now deemed an alien. There are unconfirmed reports that the Chief Secretary's wife also finds her name missing. An ex- President's family members are missing too. A sitting BJP MLA is no longer an Indian citizen. The central and Assam govts. may try to hide behind the subterfuge that " everything is being monitored by the Supreme Court" but it just won't wash. It is govt. functionaries at the ground level who are doing the actual verification, not the Court, and it's quite clear that they have made a mess of it, either by the usual ineptitude or prodding by the ruling party. Little wonder then that almost all political parties other than the BJP and the serial fence sitter in Odisha are up in arms against this suspect version of the NRC. Thankfully, the community wise figures have not yet been made public, but even a cretin  (not all are in the ruling party) knows which community will form the majority of these new aliens.
    The Home Minister may talk about a fair appeals process for these victims of history and politics  (a nightmare for the poor, illiterate, confused would- be deportees), forgetting about the 30 million cases already pending in our courts. How on earth can a ram shackle, proven inefficient administration decide four million appeals in a month, which is the time given? Is the Supreme Court inadvertently playing into the BJP's Machiavellian plans by insisting on short timelines and ultra quick finalisation of the names? The BJP would like nothing better than to disenfranchise these millions before the elections in 2019, and a fair procedure be damned. But my worry is that, given the majoritarian lawlessness prevailing these days, matters may even slip out of the govt's hands. It is now the vigilantes who will call the shots, reminding us of the horrors of Nellie more than three decades ago. Names will be conveniently leaked, mobs will appear from the saffron dusk, the police will look the other way, and a non-state deportation will start to take effect. The Supreme Court, of course, has directed on the 31st of July that no coercive steps should be taken against those not included in the  NRC, but the court is only a necessary nuisance for the government of the day- the idle wind of Billy Bunter books which nobody heeds. The real directions have already started coming from the likes of Mr. Subramaniam Swamy and other BJP leaders who have already demanded immediate deportation of these unfortunates. The clarion call has been issued by Mr. Amit Shah himself who in Parliament branded these unfortunates as " ghuspaithias" or intruders; this antakshri cue has been picked up by the two English news channels whose servility is descending to new depths every day. Guess whose voice will be heard loud and clear, while the Union govt. does its Uriah Heep act, pleading that it has issued advisories and that law and order is a state subject?
    But a more frightening dimension is now emerging- the rising crescendo of demands ( by BJP leaders, naturally) that the NRC exercise should be rolled out to other states, notably West Bengal, Punjab, Rajasthan, Manipur. It will soon spread to Delhi, UP, Bihar, Maharashtra, even Kashmir, where Bangladeshis and Rohingyas are perceived to be residing. If that happens, the country will simply disintegrate and Sashi Tharoor will be proved right. The first steps have already been taken in Meghalaya and Arunachal Pradesh where travellers are being told to prove their identity and citizenship before being allowed in- by mobs, euphemistically called non-state actors. This will inevitably spread to other states, a sure fire recipe for anarchy, mob violence and Balkanisation of the country. 
    This is precisely why I say the BJP has struck the mother lode just before election time. Its usual Hindutva suspects had succumbed to the law of diminishing returns- Ram mandir, love jihad, ghar wapasi, triple talak, Islamic terror, forced conversions- and were either losing steam or were being knocked down by the courts. The Assam NRC exercise has suddenly provided it the oxygen its diseased body needs; the new battle cry will be that " India's resources should be the entitlement of Indian citizens only", which, it is confident, will resonate pan India and sweep it back to its blood soaked throne.
    Lost in the din and screams will be the very principles of citizenship and humanity. The issue here is not one about legality but about intent and legitimacy. Make no mistake: the BJP"s NRC jubilation has nothing to do with national security, but everything to do with votes. Mr. Arun Jaitley gave the game away in his blog the other day when he said that these non-citizens were " imported votebanks." But the party has a problem even here- about one million of this four million could be Hindus, mostly from districts in lower Assam where Muslims already have a sizeable vote share. Their exclusion now will hand four Parliamentary seats to the opposition on a platter. So expect the govt. now to neutralise this by pushing hard the Bill to amend the Citizenship Act: it provides that non- Muslim illegal migrants can be conferred Indian citizenship since they are genuine refugees! This sinister game plan will become clearer with each passing day, believe me.                With all due respects to the Supreme Court, this disenfranchisement exercise lacks a wider legitimacy. As Nicholas Chamfort had said: " It's easier to make certain things legal than to make them legitimate." The NRC exemplifies this perfectly. No one can doubt a sovereign nation's powers to define citizenship, whether it is based on the principle of " Jus Solis" ( place of birth) or " Jus sanguinis"( blood ties), or a combination of the two ( as is the case in India). The problem with the Assam case, however, is that the NRC is being updated after 67 years, to exclude people who have been living in the country for almost five decades ( i.e. after 1971, the cut off date according to the Assam Accord of 1985). Had the updating exercise happened immediately after the Accord was signed it would not have caused so much pain and distress, and the numbers involved would not have been so alarming. A country which takes 32 years to even start implementing an accord on a subject as sensitive as this is only asking for trouble on a gigantic scale. In a similar case involving the Chakmas ( who had emigrated in large numbers from the Chittagong Hill tracts and Mymensingh in Bangladesh to Arunachal Pradesh) the Supreme Court had ruled that they could not be deported or denied citizenship as they had been living here for decades. This was a recognition of the Jus Solis principle. Something similar needs to be applied here. The last thing this fractured country needs is an extension of this soulless and misbegotten policy on NRCs to other states. But the BJP has smelt blood, and will not call off the dogs of this new holy war. The cost will be paid by the nation for decades to come. That is, if we are still one nation then. 

5 comments:

  1. Apprehensions are justified. And yet, instead of thinking in the "now", let us understand the Issues more holistically. There is another side to the coin too. This NCR matter is the product of earlier history- from Mrs. Gandhi forwards. Today's problem may be seen as an extension of our ruling elite's inability to deal firmly with intrusions (of all types). Added to this we have been long saddled with an ineptitude bureaucracy which has been susceptible to inefficiency, corruption and lethargy. Every person who has enjoyed the powers of ruling our country, save the disciplined Armed Forces, has taken the nation for a solid ride all along. Yes, we all enjoy our pensions and other perks i office and out of it- but when it comes to the crunch- no party or individual seems responsibly accountable- 70 years and we are seeing/experiencing the contradictions becoming more antagonistic in every sphere.
    Is it inappropriate to mention that, due to our own inefficiency, others have exploited our weaknesses?-From 1948 (Kashmir), 1962 (China)...1971, thanx to Mrs. Gandhi's moral convictions of "nationhood", we stood our grounds. I remember the flood of refuges in Bengal at that time ....India has had very open borders all along but with this India has also had a spineless political class of rulers. These persons change convictions over decades, enjoy power, give the nation their lumpen convictions on political science from the prism of their own self-righteous attitude ad arrogance (as if they know it all).
    Such is the scene today that when a government follows the SC strictures which coincidentally are nearer the elections in 2019 (but what to do?), then political leaders come out with their anti-thesis viewpoints on civil war etc. etc.
    Mrs. Gandhi should have been allowed to sustain the emergency, I sometimes feel, if only to bring in some discipline and nationhood feeling among those who are aged enough today. Because the wisdom of Vivekananda, MK Gandhi and others are not aligned to the minds of our ruling elite- them all, whether in govt or in opposition- are giving the "royal screw" to molding the mind-sets/behavior of our younger generations through the disparity in their decisions etc. etc. Actually I seriously believe the chronological and psychological ages of our rulers, bureaucrats, decision making persons, even parents, teachers - impacted by this short cut to success" and making "money, money, money, honey" approaches are having wide gaps creating all these problems. Indian democracy has really churned out to be a crazy experiment since 1947- where the Constitution/Directive Principles are robust - but the ruling elites (govt/opposition) have always found ways and means to sustain their selfish interests. Look at the perks/privileges given to the rulers and compare the value / quality of their decisions/wisdom with what we have today in civic/moral hygiene all over the nation.....
    There is no solution perhaps except bull-dozing now- either the thinking of the current government or that of the opposition. Let one force dominate, preferably our opposition parties (since the tenor of the article seems to indicate neither) to identify the RIGHT from the WRONG; the FAIR from the UNFAIR; the GOOD from the BAD for our country- and let us see what depths or heights they cast this nation, i.e. Bharat into....and the aspirations of the 65% youthful population being taken for a ROYAL RIDE.....
    this is my reaction to Avay's well structured as ever article.

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  2. You have articulately voiced your grave and entirely justified objections, Avay, to this shameful drive by the BJP to secure their vote banks and exclude some of those of their opponents by de facto screening of the populace on basis of religion. The Supreme Court should put a stop to this cynical and shoddy exercise. The verification process should not proceed unless and until the Supreme Court comes up with a fair and workable methodology, which is admittedly a very tricky and difficult task. In any case given their track record I don't think the present BJP government can be trusted to do this.

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  3. Unfortunately, the Supreme Court itself is, in a way, driving this exercise by insisting on unrealistic deadlines for notifying the final list. That is why I said that it is playing into the BJP's hands. It should realise that this is not just a legal issue but a political, social and humanitarian one too.It is now trying to back pedal by ordering that no coercive action should be taken on this list. But the damage has been done and it cannot shove the genie back into the bottle. Vigilantes and non state actors ( read mobs) have already become active and demands are growing for replicating the NRC in other states. When far more cohesive and better governed countries in Europe and the US have not been able to tackle the problem of immigration we are rushing in where angels fear to tread. And as you can see in my email thread on the subject, even educated, otherwise reasonable people cannot smell the coffee !

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  4. When was the Assam Accord signed? How long should we keep brushing everything ‘inconvenient’ under the carpet? Some day we have to take the bull by the horn, however inconvenient the exercise and its timing may be particularly when it was signed with native citizen of a federating state by the Indian Union, else it is a case of outright cheating the citizens.
    Feel pleased to inform that the cretin knew it well (only the intelligentsia didn’t) who would be that ‘alien’ to be identified when central Government signed the Assam Accord. Feel sorry to suspect if it was yet another ploy suggested and perpetrated by Indian bureaucracy on the assumption that public memory, as usual, will be short and they will forget the accord in due course. Or was it one of those many jokes that the bureaucracy keeps unleashing on unsuspecting ‘Indians’? Cretin knew that those illegal immigrants from a particular country would be those who persecuted their minority, yes, read non-secularist Hindus - do we need to read Lajja by Taslima again?
    If the Chief Secretary’s wife’s name is also missing, what more evidence is required for the shoddy job, cussedness and ineptitude of governance but that cannot be an excuse to renege on the accord.
    Political update: INC has now owned up the NRC outside the Parliament in its CWC deliberations! Why this sudden volte face? No prizes to guess. And that leaves Mamta Didi out in the cold.
    Frankly, blaming the BJP for all ills and failures is though expected but unfair. Nellie happened because central government at the relevant time insisted on having elections despite strong local opposition as locals feared use of the ‘imported vote-bank’ to side-line them. We have seen these things happen ad nauseum. If the country is unsafe for a particular community, wonder why they keep coming to India seeking shelter and citizenship, of course via backdoor. During our college days we used to joke that some political party may just give them voting rights and rule forever. And now we discover, we were indeed late even in our thinking because someone had already achieved this feat surreptitiously. Should we continue fooling ourselves? All countries do ferret out illegal migrants and take actions including the Western countries whom we have followed so far. Why develop cold feet when it comes to our shores? Because we too have been ‘exporting’ our people via kabootarbazee or similar illegal means? Time to call a spade and spade and shed our duplicitous morality. Remember Kashmiri Pandits are refugees in their own country and not a drop of tear is shed for them.
    Grant of citizenship cannot and should not be a backdoor exercise. It has to be upfront and has to stand some form of scrutiny and where the host country should be able to make an informed choice. It is any country’s sovereign right as to whom to admit as citizen and whom not to. India should not be expected to make a compromise on the same.

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  5. Well articulated and logical piece of information. I can see very trouble times ahead.India is going the Jinnah Way. Indian constitution has been ridiculed and soon it will be in archives.

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