VAHIBAYA KHALI
ASSISTANT PROFESSOR FROM PRESIDENCY UNIVERSITY, BENGALURU
ABSTRACT
National Register of Citizens, 1951 is a register prepared after the conduct of the Census of 1951. The objective behind the NRC update is the identification of the illegal migrants who migrated from Bangladesh after 24th March 1971 to Assam. It also aims at determining whether the citizens applying for their names in the NRC are the genuine citizens of Assam or not. A petition was filed in the Supreme Court in 2009 by an NGO called Assam Public Works demanding the identification and deportation of illegal Bangladeshis in Assam.
But Citizenship Amendment Act, 2019 allowed Hindus, Sikh, Parsis, Jains, Christians and Buddhist except Muslims to grant them the Citizenship who came to India before 31st December 2014 and allow them to settle anywhere in the country except 6th schedule areas. This breaks the term of Assam Accord under which people who came after 25th March, 1971 would be deported back and would not be granted permission to settle in Assam. According to many experts, this particular amendment is also in violation of Article 14 which discriminates members of two different religions. Also deporting back members of Muslim community where they would have danger to their life breaks the non-refoulment principle which has become an international custom.
So looking at these complex issues we will find weather issue of Assam was a communal one or an issue related to land. Secondly, author will look into constitutionality of Citizenship Amendment Act, 2019 specifically through Article 14 and find whether this amendment bill hampers the term of Assam Accord. Thirdly, we will see whether India is bound to follow the Principle of Non-Refoulment. Lastly author will provide recommendations for the same.
Keywords: National Registry of citizen, Citizenship Amendment Act, Non-Refoulment Principle, Article 14.