On 12 March 2020, the Hon’ble Home Minister of India, Shri Amit Shah talked about the National Population Register (NPRR) in the Rajya Sabha. The Home Minister categorically assured the nation that in the context of NPR, if any information is not available with a person, he/she may not provide the same and NPR shall not be used for categorising any citizen as “doubtful”. However, this assurance did not go down well with those who are protesting against the CAA-NRC-NPR triumvirate. They demanded these guarantees to be legalised and formalised by suitably amending the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.We assume the readers are familiar with the background behind the anti CAA-NRC-NPR movement in India and the untold havoc caused in Assam by the NRC. Some legal details pertaining to Indian citizenship and the upcoming NPR and Census exercise is itemised below in the form of Q & A:
Q1.) Who is a citizen of India?
Answer: The Constitution of India provides for a single citizenship for the whole of India. Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India, and (a) who was born in India, or (b) either of whose parents was born in India, or (c) who has been ordinarily resident in India for not less than five years, became a citizen of India. The Citizenship Act, 1955 deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.
Q2.) How can someone become a citizen of India?
Answer: Indian citizenship can be acquired by birth, descent, registration and naturalisation. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are detailed in various sections of the said Act viz: by Birth (Section 3), by Descent (Section 4), by Registration (Section 5(1)), by Registration (Section 5(4)) and by Naturalization (Section 6). {Source – https://indiancitizenshiponline.nic.in/acquisition1.htm}
Q3.) Does religion matter if I want to become a citizen of India?
Answer: The Government of India has made it mandatory to declare one’s religion while applying for Indian citizenship. It is mandatory through Home Ministry norms notified on the Citizenship (Amendment) Rules, 2018, on October 18. The changes have been made in the Schedule I of Citizenship Rules, 2009. The new rules have added a column ‘religion’ in every form that needs to be filled by a person applying for Indian citizenship by registration.
Q4.) What is NPR and who is a usual resident?
Answer: The NPR is a register of usual residents of the country. It is being prepared at the local (village/sub-town), sub-district, district, state and national level under provisions of the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. A usual resident is defined, for the purposes of the NPR, as a person who has resided in a local area for the past six months or more, or a person who intends to reside in that area for the next six months. A usual resident may or may not be a citizen of India.
Q5.) How are the NRC and NPR linked legally?
Answer: The Citizenship Amendment Act, 2003 clearly states: “After section 14 of the principal Act, the following section shall be inserted, namely:- Issue of national identity cards.” 14A. Issue of national identity cards.- (1) The Central Government may compulsorily register every citizen of India and issue national identity card to him. (2) The Central Government may maintain a National Register of Indian Citizens and for that purpose establish a National Registration Authority. (3) On and from the date of commencement of the Citizenship (Amendment) Act, 2003 , the Registrar General, India, appointed under sub- section (1) of section 3 of the Registration of Births and Deaths Act, 1969 (18 of 1969 ) shall act as the National Registration Authority and he shall function as the Registrar General of Citizen Registration. (4) The Central Government may appoint such other officers and staff as may be required to assist the Registrar General of Citizen Registration in discharging his functions and responsibilities. (5) The procedure to be followed in compulsory registration of the citizens of India shall be such as may be prescribed.
Q6.) What is Census? Why should it be delinked from the NPR?
Answer: Population Census is the total process of collecting, compiling, analysing or otherwise disseminating demographic, economic and social data pertaining, at a specific time, of all persons in a country or a well-defined part of a country. As such, the census provides snapshot of the country’s population and housing at a given point of time. It is legally backed by The Census Act, 1948, The Census Rules, 1990, The Citizenship Act, 1955, The Registration of Births and Deaths Act, 1969. As the Census data is very important in framing policies and taking decisions of national importance, it is very important for the Census information to be accurate. As the Census exercise is being clubbed with NPR that many citizens intend to boycott, the Census data will not be accurate and be an exercise in futility.
Q7.) What are the legal consequences of boycotting the Census and NPR?
Answer: The Citizenship Rules, 2003 (section 17) imposes a maximum fine of Rs 1,000 in case a person/head of the family fails to give the correct details of name and number of members, etc. during the NPR exercise. As per the Census Act, 1948 (Act No 37 of 1948) as amended in 1994 – Section 8 dealing with “Asking of question and obligation to answer” is mentioned in Section 11 and says that fine extended to Rs 1,000 and in case of conviction shall also be punishable with imprisonment which may extend to 3 years.
Q8.) What are the demands of those who are calling for the boycott of the NRC-NPR?
Answer: They say: “The Union Government should amend – The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. Such an amendment may remove any reference to NPR in the above-mentioned Rules of 2003. Alternatively, the Government may delete Rule 3 (5), 4(3), 4(4) that allow NPR to be used for identifying citizens as doubtful and their deletion from the NRIC. The Government may also suitably amend Rule 7(2) and 17 to ensure that providing information in NPR is voluntary and that no one would be penalised for failure to provide information.
“We believe that these amendments would give effect to the Hon’ble Home Minister’s statement on the floor of the house and set at rest the widespread apprehensions about NPR.”
Q9.) Will the government stop the NPR exercise given the level of opposition to it including many state governments who have passed resolutions in their Assemblies against the CAA-NRC-NPR?
Answer: It does not look likely that the government will back off. However, there is some breaking news. According to a report in the Hindu: “The Census and NPR exercises will not go ahead, given the Union Health Ministry’s own guidelines limiting mass contact on account of the coronavirus. A formal announcement from the Centre is however, awaited.”