Who am I’ is no longer a mere metaphysical enquiry into the existence of ordinary mortals in India. It is an issue that questions one’s very identity as a citizen of India.
There are different documents one may possess to prove one’s identity, such as the Permanent Account Number (PAN), Aadhaar card, Voter ID card or even the highly coveted passport, ironically issued by the Ministry of External Affairs (MEA), certifying that one is an Indian. Notwithstanding all these, one is still not a bona fide citizen of India.
A few weeks ago, the MEA declared that a passport is primarily a travel document and should not be treated as conclusive proof of citizenship. The remarks sparked intense criticism and triggered an avalanche of debate on social media over what determines the citizenship of Indians. Many asked why the government was diluting the value of some of its most trusted documents, all issued after stringent verification and the personal guarantee of the beneficiary, in this case the citizen and/or voter.
The government washed its hands of the issue through a routine statement, saying there was no sudden policy shift and that the legal position on passports was not new. To add to the confusion, MEA officials sought refuge in the Passports Act, 1967, which, according to them, “clearly provides that passports may be issued to non-citizens under certain circumstances.”
A passport itself is not granted in a vacuum. It depends on other documents issued by different ministries and departments of the government. While the PAN card is more to do with income tax, it is linked to Aadhaar and bank accounts. These ID proofs are again linked to the issuance of a passport after police verification, which allows the holder a legal claim to be an Indian abroad.
The government has a point when it says that a passport alone cannot be considered conclusive proof of citizenship. Nevertheless, proof of citizenship is non-negotiable, and the onus of providing such a certificate lies solely with the government.
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The case for NRC
The question of citizenship is not limited to passport holders. According to data shared by the Ministry of External Affairs, approximately 9.26 crore Indians have valid passports, translating to roughly 6-7 per cent of the population. People need to know more about their citizenship status even if they never have to leave Indian shores.
India has no single universal document to prove citizenship.
To begin with, the government should take the people into confidence and make its intentions of providing a citizenship ID unambiguously clear.
To that end, a reliable, transparent and informative National Register of Citizenship (NRC) should be prepared. But before that, an announcement needs to be made, and pending that, the present IDs should be treated as valid proof of citizenship.
There are several remote and rural areas where birth certificates are not issued as many births take place at home in the absence of proper medical facilities. Even in urban areas, for a long time, the school leaving certificate was considered the best option to prove one’s citizenship. The government should strengthen the process of issuing birth and death certificates within a stipulated time frame. Such records can be digitised, with proper data protection.
While the NRC is an ideal mechanism to establish citizenship, it is not an easy one if not implemented properly. The Assam National Register of Citizens caused mass statelessness, delayed bureaucratic processes, and high rates of wrongful exclusion. The NRC process suffered a setback due to students’ agitation and protests against the inclusion of “bahiragat” — foreigners, or outsiders.
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A cue from OCI simplification
While the NRC, because it concerns citizenship, is the responsibility of the Union government, it cannot be meaningfully implemented without the cooperation of the state governments.
In border states, especially West Bengal, Assam, and the Northeast, the question of illegal settlers from Bangladesh has been a festering issue. These people cannot be granted citizenship merely because they possess documents such as Aadhaar, ration cards or voter ID cards. At the same time, there is some truth in the argument that a large number of people cannot be allowed to remain in India as stateless “citizens”.
One way of tackling this issue could be to issue work permits to such people without granting them voting rights, while ensuring they are entitled to a decent living and basics such as food, clothing and shelter.
Meanwhile, the government has introduced a new e-Overseas Citizenship of India (e-OCI) facility, allowing cardholders to use their digital OCI card for entry into India. In April, it was also announced that OCI eligibility would be extended to fifth- and sixth-generation Indian-origin Tamils in Sri Lanka. This week, the High Commission of India in Sri Lanka issued the first OCI card under this provision to Pradeep Sundaralingam, Deputy Minister of Plantation and Community Infrastructure.
Just as the government has simplified the framework for Overseas Citizens of India, it can determine a clear basis to establish the citizenship of Indians in India.
Courtesy:PTI
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