NRC: CRPCC writes to Prateek Hajela, highlights difficulty faced by people during hearing & lack of fairness

July 25: As a mark of protest against the immense hardships faced by the people during the process of hearing and other allied matters, the Citizens’ Rights’ Protection Co-Ordination Committee (CRPCC) held a protest demonstration near the office of the Deputy Commissioner, Cachar. They also handed over a Memorandum to the Magistrate A.R. Majumdar, which was addressed to Prateek Hajela, State Coordinator of National Register of Citizens (NRC).

Addressing the media on behalf of CRPCC, Prof. Tapodhir Bhattacharjee, former Vice Chancellor of Assam University said, “The Citizens’ Rights’ Protection Co-Ordination Committee (CRPCC), by this memorandum, wants to draw the attention of Prateek Jajela to ‘obstructions’ created for various people and persons as ‘claimants’ from myriad strata of our diverse society in establishing that they are Indian citizens. We have highlighted some of the very pertinent points in this regard.”

In the said memorandum, it was stated that, “We shall further emphasize that article 10 of the Constitution provides for non-discontinuance of citizenship of any such persons covered under clauses 5,6 and 7, or any other laws, shall still remain a citizen of India. Therefore, anomalies found by officials in presentation of facts and documents be treated only as an unresolved question in a case without any prejudicial stand or assessment that goes against the status of being a citizen of India of a person on whom such a question remains. NRC claimants be given here benefit of doubt in settling their “onus” without presuming that they are non-citizens.”

“We implore upon you that while following 6A, Rules, 2003 and schedule 4A therein, there should be a harmonious reading of rules in Constitutional terms covering the matter raised in preceding paragraphs of this memorandum and as the State Co-Ordinator reposed by the Supreme Court to act on the basis of law, your guidance to DRCR, DC and LRCR alongwith other officers assumes critical significance in ensuring a harassment free treatment of claimants,” was also mentioned in the memorandum.

They also urged upon the NRC State Coordinator to go for DNA test in those cases where denial of parentage to a large number of children born after 1987 was noticed. In all such cases, if oral evidences are considered insufficient, the NRC authority should take recourse to DNA test reports, if available, or conduct it on priority. They said, “If biometrics could be used, why not DNA test procedure in ensuring that no child has to face Tribunal in any way?” Further, they also urged upon in allowing correction in “Legacy person”. It was also pointed out that in all cases, where AADHAR cards are held by any claimant, redrawing biometrics from them has to be stopped.

The memorandum further stated, “We also implore upon you to interpret clauses 3(1) (b) and (c) of Citizenship Act, 1955, keeping in mind that citizenship by birth be not subjected to any other conditions which is not stipulated in those clauses.” The memorandum concluded by requesting the State Coordinator of NRC to play a positive role by helping people from being ‘stateless,’ something that is debarred in International law under Universal declaration of Human Rights, 1948.

The CRPCC delegation led by Prof. Tapodhir Bhattacharjee also included Prof.Niranjan Dutta, Kishore Bhattacharjee, Sadhan Purkayastha, Sarifujjaman Laskar, Dipankar Chanda among others.