Iqra Farrukh, TwoCircles.net
Rahim Ali, who lived his entire life in Kashimpur village, Assam, with the label of an “illegal citizen,” was buried under that same label. It wasn’t until July 11, 2024, twelve years after his death, that the Supreme Court declared him an Indian citizen.
This story extends beyond Rahim Ali. Thousands of individuals in Assam, including Arun, Mamta, and Shankribala Das, are engaged in legal battles to establish their Indian citizenship. Recently, the Foreigners Tribunal (FT) declared 28 people from Barpeta district as illegal immigrants, sending them to transit camps because they could not prove their Indian identity.
According to data from the Assam government in February 2024, there are approximately 97,000 D-voters (doubtful voters) in the voter lists, including both Hindus and Muslims. These individuals have been struggling for years to assert their rights, unable to vote or benefit from government schemes.
Many of these individuals are now seeking citizenship under the Citizenship Amendment Act (CAA). However, some believe that, as Indian citizens, they should not have to apply for citizenship under the CAA.
One such individual is Anjali Roy from Cachar, who has been fighting for nine years to prove her Indian citizenship. In 2012, a FT in Silchar questioned her citizenship. That same year, she received a notice, and her name was removed from the voter list.
The notice stated, “You did not present any valid documents before the police during the stipulated time for inquiries or verification of your citizenship. There is suspicion that you are an illegal immigrant.”
Sixty-year-old Anjali began her legal battle in 2015. She explains, “I was the first member of my family to receive a notice. In 2012, my brother Arjun Namsudra received one, and in 2022, my mother Akalrani Namsudra also received a notice. At the age of 83, my mother had to appear before the FT.”
“My mother and I fought the case and proved that we are Indian citizens. My brother could not bear the humiliation and committed suicide. At one point, I also felt that my brother’s decision to end his life was justified. We felt the government system was not ready to recognize us as Indian citizens.”
Except for her husband, all other members of Anjali’s family were denied Aadhaar cards. She says, “It took me about 10 years to prove that I am not an illegal immigrant. After that, I was granted the right to vote.”
Her name was finally added to the voter list in 2024.
Anjali hails from the Katigorah area of Cachar, near the India-Bangladesh International Border. Her home is in Barak Valley, which has a significant population of Bengali Hindus and Muslims.
Her lawyer, Anil Day, explained her legal struggle. “We submitted Anjali’s birth certificate to prove that her father was born in India. Neighbors also testified in her favor. Then Anjali met the Election Office’s booth-level officer and requested the inclusion of her name in the voter list. Due to the absence of her name in the voter list, she was unable to access all government facilities.”
He adds, “Exhausted, Anjali expressed her desire to apply for citizenship under the CAA. She was informed that the list for the 2024 general elections had already been prepared, and her name could not be included in the electoral roll.”
The Election Commission recently announced a by-election, which includes Dholai in Cachar. Consequently, the portal was reopened.
“We took advantage of this opportunity and applied for Anjali’s name to be included. Her name has been added to the list, and she has finally downloaded her voter ID card.”
Anjali’s mother and other family members live in Haritikur village in the Katigorah constituency of Cachar. The government had allocated land to 173 families here. These families had migrated from East Pakistan (now Bangladesh) and had lived in refugee camps near the border.
However, members of Anjali’s family have received D-voter notices in recent years. Some have not even been able to register their names in the National Register of Citizens (NRC).
In Assam, there are several cases of Bengali Hindus like Shankribala who are seeking citizenship under the CAA. Some of them live in Bongaigaon and have been fighting their cases in the FT for years. A few have even spent one or two years in detention camps.
Seventy-two-year-old Shankribala from Bongaigaon claims she has spent Rs 80,000 in court battles to prove her Indian identity. She received a notice in 2019. Her parents and siblings have already passed away.
Shankribala was born in Baghopur village, which is now submerged under the Beki River due to flooding. Her old home was lost in the flood. Her son, Nitai Das, says that despite the substantial expenditure on the legal battle, they will continue fighting. Although Nitai wants to keep fighting the legal battle, he is not opposed to obtaining citizenship under the CAA.
Shankribala asserts that she has all necessary documents from her marriage and other records but continues to fight her legal battle to prove her Indian citizenship.
She is not alone; many others who have been through the FTs and detention centers are now ready to seek citizenship under the CAA. They have spent years trying to prove their Indian identity. Their cases are ongoing in the FTs.
However, obtaining citizenship under the CAA is not straightforward. D-voters who previously had to prove their Indian citizenship in court must now also demonstrate that they were not citizens of India before 2014 to qualify for citizenship under the new legislation.
Fifty-eight-year-old Arun Sutradhar from Dautola Bazaar village in Bongaigaon district has an Aadhaar card and a voter ID. Despite this, the government labels him as a doubtful voter. In 2019, when the NRC was being prepared in Assam, Arun’s application was rejected.
The police suddenly took him away and detained him in a detention center. He returned home after two years. Although the government denies him the right to vote, Arun cast his vote in the Lok Sabha elections. He possesses all the documents required of an Indian citizen.
Arun is a Bengali Hindu and has all documents from his birth in Alipurduar, West Bengal, to the present.
He explains, “After being taken to the police station, I was labeled as a doubtful voter. I was detained with prison inmates in the detention center. After a year, I was moved to a barrack. I was released on bail, but the case is still ongoing in court.”
Arun must report to the local police station weekly and cannot relocate until the case is resolved.
His neighbor Mamta faces a similar predicament. She is also a doubtful voter but continues to vote. Born in 1977, she has all the documents from 1966 but is still fighting to prove her citizenship. In 2020, she received her first notice to prove her Indian identity.
Humble Family Backgrounds
Activists working with these individuals point out that most of those labeled as doubtful voters come from impoverished families and lack a deep understanding of the law.
One such activist, Amrit from Bongaigaon, says, “The government is keeping people in confusion. All cases have already been sent to court by the government. Currently, there are no new cases, nor are any expected.”
Regarding the CAA, Amrit states, “The government should grant citizenship under this law without any questions. There should be no restriction on people arriving in India before 2014. Even after 2014, people might face persecution. Additionally, people of any religion should be granted citizenship under the CAA.”
On July 5, Assam’s Home and Political Department announced that cases involving Hindu, Sikh, Buddhist, Jain, Parsi, or Christian individuals who came to India before 2014 should not be sent directly to FTs. Instead, they should be encouraged to apply for citizenship under the CAA.
Chief Minister Himanta Biswa Sarma has also stated that Bengali Hindus not included in the NRC will not apply for citizenship under the CAA. He added that many people he met are confident about their Indian citizenship and wish to prove it.