NRC for Tripura: Supreme Court seeks response from Centre

After Assam, the Supreme Court today sought a response from the Centre and the Election Commission on a petition seeking the implementation of the National Register for Citizens (NRC) to identify illegal immigrants in Tripura. A bench comprising Justices Ranjan Gogoi and Justices S K Kaul and K M Joseph was referring to the plea filed by Tripura People’s Front, seeking registration of citizens of Tripura in the NRC to identify illegal immigrants. The said case tagged with the similar petition pertaining to Assam which was filed by an NGO Assam Public Works being W.P.(C) No.274/2009.

A PIL filed by the Tripura People’s Front and two other individuals namely Ms.Sarmla Murasing and Mr.Sunanta Kumar Jamatia under Article 32 of the Constitution of India for enforcement of the petitioners rights guaranteed and protection under Part- III of the Constitution of India i.e.claims to seek enforcement of the Rights under Articles 14, 15, 19, 21, and 29 guaranteed by the Constitution of India.

In the 200 pages petition drawn by Advocate Manish Goswami, it has been claimed that while setting up of NRC goes as far back as 1951, the need for updating the NRC in Tripura is pressing. The petition claims that the situation of influx of illegal immigrants from Bangladesh is worse in Tripura than in Assam.

“The exercise in Assam was necessitated due to the persistent illegal influx problem that has plagued the state for over three decades now. The petitioners respectfully submitted that Tripura is worse placed. The uncontrolled influx of illegal migrants from Bangladesh to Tripura has caused huge demographic changesover there which earlier was a predominantly tribal state but now has become a non-tribal state.”

The petitioners have submitted that it is very necessary to update NRC in Tripura in terms of Rules 3 and 4 of The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 by taking 19/07/1948 as the cut-off date as provided for in Article 6 of the Constitution of India in order to identify illegal immigrants, delete them from voters lists and subsequently deport them from India to restore the “socio-economic, socio-cultural and socio-political equilibrium of Tripura.”

The petition states that the same request was made before the Union of India and other authorities, who are the Respondents in this petition, but no action has been initiated by the authorities resulting in the violation of the fundamental rights of indigenous people of Tripura.The petitioners have prayed before the Court to direct the concerned authorities to update the NRC with respect to the State of Tripura.

Additionally, the petitioners have also prayed for Foreigners Tribunals to be set up and for appropriate steps to be taken to deport illegal immigrants. Further, the petitioners have sought fencing of Tripura-Bangladesh border with increased patrolling to prevent the inflow of illegal immigrants into Indian Territory.

With the aim of conservation and preservation of Tripura’s distinct culture, the petitioners have also prayed for the authorities to take effective steps for “restoring land illegally and forcibly alienated back to the indigenous people and to immediately take effective steps for including Kokborok, lingua franca of indigenous communities of Tripura in the Eighth Schedule of the Constitution.”
The petitioners have prayed that the Court should issue directions to the respondents to:

1. Set up an effective mechanism to detect illegal immigrants in the state.

2.Set up appropriate numbers of Foreigners Tribunals.

3. Deport those declared foreigners by an appropriate court.

4.Revise the electoral rolls and delete the names of foreigners.

5.Update the National Register of Citizens taking July 19, 1948 as the cut-off date.

6.Fence or seal the international border with Bangladesh.

7.Frame a National Immigration Policy and a National Refugee Policy.

8.Take steps to protect indigenous people in line with India’s international commitments.

9.Restore the land that had been illegally and forcibly alienated from the tribal people.

10. Include Kokborok in Schedule VIII of the Constitution.

Meanwhile, the Centre had on July 30 ,2018 published a final draft NRC list only in Assam . It is still in the draft stage . Before completion of correct and complete NRC process in Assam and to identify the illegal migrants, the response of the Modi Government in regard to updation of NRC in the State of Tripura is an interesting matter to watch for.