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2nd August - The Hindu Editorial - Part-2(in Hindi)
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Subhodeep Das
Dream of Achieving Big l YouTube & Facebook : UPSC360

Unacademy user
Preeti Mandyal
a year ago
  1. o what end this exercise? To what end this exercise? olutions for a water scarcity South Asia has seen many crises over citizenship. The Supreme Court must ensure there isn't another one in Assam S. UBHODEEP

  2. The ongoing crisis in Assam over the National Register of Citizens (NRC) is largely the creation of the Supreme Court The final draft list of citizens, published on July 30, leaves out the names of approximately 40 lakh residents of Assam. Although political leaders and the Supreme Court itself have assured everyone that this is only a draft and everyone will be given an opportunity to prove his or her citizenship in accordance with the law before any "action" is taken. UBHODEEP


  4. NRC prepared as a consequence of the Assam Accord signed between the Union government and the All-Assam Students' Union to end the agitation against "outsiders", promising to identify and remove any foreigners from Assam who had entered the State after 1971. aeseeen p One would have hoped that the Supreme Court's monitoring of the process would have ensured fairness and transparency. Regrettably it has not been so. From the non-transparent "family tree verification" process, to the somewhat arbitrary rejection of the gram panchayat certificates (affecting mostly women), the process has been riddled with legal inconsistencies and errors. UBHODEEP

  5. These are not minor errors. For instance, the supposedly robust family tree verification process has resulted in numerous instances of parents being on the draft list but children being left out- precisely the kinds of errors which were supposed to be excluded. Likewise, the number of people affected by the rejection of panchayat residency certificates is more than 45 lakh The rejection of the panchayat certificates has a judicial angle to it as well. In February 2017, in Manowara Bewa v. Union of India, the Gauhati High Court declared that certificates issued by gram panchayats could not be relied on by residents to seek inclusion in the NRC UBHODEEP

  6. This had the effect of putting the citizenship of a large number of women who relied on this document to establish marital relationships in doubt. The Supreme Court didn't immediately set it aside, as the Assam government did not file an appeal against it. Rather, it was only in December that the Supreme Court clarified that the panchayat certificates could be relied upon, provided the documents themselves had been appropriately proved in court However, it did not finally settle the matter Gauhati High Court for fresh examination it remanded the matter back to the The fate of lakhs of people relying on these documents remains uncertain as each person will now have to prove not only his or her linkages afresh, but also the documents themselves before the appropriate forum S. UBHODEEP

  7. Role of the top court Why preparing the NRC within a deadline was more important than ensuring that there was legal clarity over the manner in which the claims of citizenship could be decided It is not something that the Supreme Court thought it fit to clarify or go into at any stage in its hearing of the case Even if the objections and corrections are properly dealt with, there are likely to be many individuals ,who will be unable to prove Indiarn citizenship. The immediate consequence is that they wil lose their right to vote S. UBHODEEP

  8. But that only results in the beginning of a new problem: what will be the status of the several lakh individuals who would have suddenly lost Indian citizenship with no recourse in sight? Undeniable question, what action can it allow the government to take against those who are unable to prove that they are Indian citizens? Will it allow the government to adopt the crude, communal rhetoric doing the rounds on social media and "push them out"? Will it take responsibility for the protection of the basic rights of those who have been rendered stateless and defenceless? Or will it take the Pontius Pilate option and wash its hands of the whole matter? UBHODEEP