Amend and Review the CAA, NPR and NRC: CM KCR : Vanam Jwala Narasimha Rao

Amend and Review the CAA, NPR and NRC: CM KCR

Vanam Jwala Narasimha Rao

Chief Minister K Chandrashekhar Rao has urged the Union Government to review thoroughly implementation of Citizenship Amendment Act (CAA) and National Register of Citizenship as they both are unconstitutional and a majority of people in the country have genuine and sincere doubts over the matter.

The Telangana State Legislative Assembly on Monday passed a resolution unanimously introduced by CM KCR, urging the Centre to amend the controversial Citizenship (Amendment Act), 2019 or CAA and not to conduct exercises, such as, National Population Register (NPR) and National Register of Citizenship (NRC). The resolution observed that there are genuine apprehensions among the public as to the legal validity and negative impact of NPR which is the first step towards NRC.  

The resolution also urged the Government of India to safeguard people from exercises such as NPR and NRC. The resolution stated that the amendment to CAA was necessary to remove all references to any religion or to any foreign country in the Act. The Assembly also expressed concern over the implementation of NPR and NRC, which may result in exclusion of a large number of people. The resolution stated that CAA along with the NPR and NRC violate the equality, secularism besides endangering lives of groups among the people.

Expressing concern over the proposed implementation of National Population Register (NPR) and National Register of Citizenship (NRC) which may result in exclusion of large number of people, the resolution observed that, “There have been concerted efforts to tinker with the inclusive and non-religious nature of the Indian citizenship through the CAA, NPR and NRC. This will endanger the lives of vulnerable groups who do not possess adequate documentary proof for citizenship”. The resolution further said, pointing out that there were also serious questions as to the legality and constitutionality of CAA, NPR and NRC. “For the first time in India, the CAA introduced a religious test to acquire Indian citizenship while providing an accelerated path to citizenship for non-Muslim citizens of Afghanistan, Pakistan and Bangladesh”.

Introducing the resolution in the Telangana State Legislative Assembly requesting the Centre to review the Act, the CM has explicitly given valid reasons for making such a request. He said CAA in its present form was against the very principles and basics of the country’s Constitution and if it is implemented it would lead to majority of people becoming stateless.

The Chief Minister said that Telangana, as the youngest State in the country, and one that was contributing significantly to nation-building, had the responsibility to speak out on such issues. “At a time when the world is moving towards breaking down borders and barriers, is there a need for such divisive politics in the country?” he asked.

Recalling several incidents happened in the country from Partition to emergence of Bangla Desh as country, the CM said the country had gone through unique circumstances right from the Independence till date which would not allow the CAA and NRC to be practical and implementable in their present form. He reiterated that he is not against issuing a National Identity Card to the Citizens but it should be given to all without any cumbersome procedure and impossible documentation methods.

In his short but very candid and clear reasoning, the CM listed out the reasons for having serious doubts and apprehensions on the implementability of the CAA and NRC.

Stating that there was a largescale opposition from all sections of people in the country on the CAA and NRC, the CM said Telangana State is the 8^th State that introduced a resolution opposing the both. Six states have passed the resolution in their respective Assemblies and Madhya Pradesh Cabinet made resolution opposing the CAA and NRC said CM. CM also said that even in international forums there was an opposition and criticism like the Time Magazine story.

KCR made it amply clear that the state was not opposing the CAA, NPR and NRC blindly. He said the State was opposing the Act with full awareness. About 50 youngsters in the country died while opposing the CAA and NRC. He said it is not good for the country to stroke the hatred.

“This is not mere a Hindu-Muslim issue, it is nation’s issue. What will be the fat crores of persons like me who have no birth certificate? The issue is attracting the attention of international community for wrong reasons. The country is losing its prestige worldwide,” he said.

            Continuing his keen observation on the matter, the CM asked whether the country needs narrow-minded political parties. “If someone spoke against the BJP, they are branded as anti-national. If we oppose the BJP policies we are branded as anti-national or pro-Pakistani. When this Assembly passes a resolution opposing the CAA will this Assembly be an anti-national forum?” The CM questioned.

“During the partition, lakhs of people came from the then Pakistan to our country. In the 70s when Bangladesh was formed, lakhs of people came to the country and we have granted them refugee status as per the UN directives. Lot of people who live in Dhoolpet in the city, especially the Lodha community to which BJP member Raja Singh belongs, are not from Telangana. They all came from Bundelkhand. We have people coming from Bangladesh settled down in Kagaznagar. In our country people migrate from one place to the other. Till recently, our Palamoor people used to migrate to Mumbai and others places. People from Rajasthan, Gujarat came to our city centuries ago and settled down here” said CM.

“In 2003, when Vajpayee was PM and under the NDA rule, a survey was conducted in 12 States and in one Union Territory. The union government spent Rs 44 + Crore on it.  The union government then abandoned the survey admitting that it was a failure. In 2011, the then Minister of State for Home, Gurudas Kamath made statement on the floor of Lok Sabha that the process was cumbersome, time consuming and the document base especially in the rural areas was weak. This was what I have been saying. There are so many Garib KCR’s in the country who have no birth certificates. There are crores of such KCRs in the country. Gurudas Kamath said the survey could not cover even 45 per cent. In such a case it is clear that the experiment failed 65 to 70 per cent. Then why try to bring it back? Where is necessity and need?” the CM questioned.

Reading out from the Annual Report tabled by the Home Ministry in the parliament in 2018, the CM said the ministry had categorically stated that “the National Population Register (NPR) was the first step towards the NRC. But the Home Minister himself says outside the Parliament that there was no NRC. Which should one believe? Statement in the House or outside the house? This double standard was raising doubts among the people”.

The CM also referred to an article written by retired Supreme Court Judge Mandan P Lokur, who categorically stated that the provisions under the CAA are unconstitutional. The CM reiterated that the CAA, NPR and NCR are not within the Constitutional framework of the country. “We urge the Centre to withdraw the CAA. If they still want, they should come in a different form with wide range consultations of all the stake holders for the issue National Identity Cards,” the CM observed.

The resolution adopted by the Telangana State Legislature on Monday opposing the CAA, NPR and NRC, is a strongly worded statement against the divisive politics of the Union government. “By discarding ‘secularism’ and ‘equality before law’ in our citizenship laws, a theocratic State may be institutionalized,” the resolution, move by Chief Minister K Chandrashekhar Rao in the State Assembly, said.

The resolution, pointing out that the CAA makes people belonging to certain religions eligible for Indian citizenship while excluding others solely on the basis of religion, said citizenship on the basis of religion violates not only the principle of equality enshrined in Article 14 of the Constitution but also the principle of secularism which constitutes the basic structure of the Constitution. “There have been concerted efforts to tinker with the inclusive and non-religious nature of the Indian citizenship through the CAA, NPR and NRC. This will endanger the lives of vulnerable groups who do not possess adequate documentary proof for citizenship,” the resolution said.

Stating that the CAA must be understood in combination with the NPR, the resolution goes on to say that NPR would be conducted under the “Citizenship (Registration of Citizens and issue of National Identity Card) Rules, 2003.” “The Ministry of Home Affairs in its annual report of 2018-19 states that the NPR is the first step towards creation of the NRC. According to statements made by Union Ministers and Assam government, the CAA is to be used in order to protect non-Muslims who have been excluded from the NRC in Assam, and in future, in the rest of the country,” the resolution said.

The resolution argued that this was nothing less than an attempt to fundamentally alter and undermine the non-religious nature of Indian citizenship. “The rules were purportedly made under Section 14A of the Citizenship Act, 1955. However, the Citizenship Act, 1955, does not permit or require the creation of an NPR. Moreover, while the rules were notified on December 10, 2003, Section 14A came into effect only on December 3, 2004. Thus, there are valid concerns as to the legality and constitutionality of NPR and NRC,” the resolution pointed out.

The resolution goes on to say that the rules place a heavy burden on all residents of the country to prove their citizenship through a discretionary procedure that permits any person to be marked as a ‘doubtful citizen’ while also allowing any citizen to file an objection against the inclusion of any name in the NRC.

The resolution said there was fear that the disproportionate impact will be felt most by Dalits, Adivasis, Backward Classes and linguistic and religious minorities, and urged the Union government to amend the CAA to remove all apprehensions.