Dangerous Links between Census of India
20201 data collection and NRIC:
Abusaleh Shariff[1]
US-India Policy Institute, Washington D. C
12th December 2019
Email ashariff@usindiapolicy.org for videos.
Every
ten years, the second year at the turn of the decade, India undertakes population
count known as Census. The first synchronous census was held in 1881
and the 16th population count will be conducted during February and
reference date March 1st, 2021. Besides population count the 15th
census (2011) collected, for the first time after 1931 data on Socio-Economic and Caste Status. This data was never
analyzed because the self-reported castes and sub-castes were too many and
difficult to aggregate into meaningful categories. The 2021 census (16th
enumeration) therefore will be based on a list of pre-determined SCs, STs
and OBCs categorization notified
by each state.
Census
in India is conducted in two phases - ‘house listing’ and population
enumeration. The 15th census house listing (2011 Census) for the
first time collected additional data that was needed to prepare the National
Population Register (NPR) which was used to generate a 12-digit unique
identification number to all usual (registered) residents issued by the Unique Identification Authority of India (UIDAI). This
number is popularly known as AADHAAR[2]. Biometric
information was also collected during this phase.
The
house listing phase of the 16th Indian census is scheduled between
April and September 2020. Data for updating the NPR and biometric will again be
collected from all usual residents. It is important to mention that such data and
the biometric are essential for modern day developmental and welfare planning
of the nation.
There
is new effort by the government of India to prepare ‘national register of
Indian citizens (NRIC), a mandate anchored on the Citizenship Act 1955 and the Citizenship (Registration
of Citizens and issue of National Identity Cards) Rules, 2003. This bill is now
passed both in Indian Lok Sabha and Rajya Sabha, creating such a register for
the whole nation of 1.4 billion people is a tall order.
After reviewing relevant Acts, Rules
and Directives, it is found that the agency which is empowered to prepare NRIC
is the Registrar General and Census Commissioner (RGCC) whose primary
responsibility is to conduct census and undertake registrations of births,
deaths and marriages. Whether this agency has all the wherewithal to determine
‘citizenship’ of an individual is questionable. Yet the Citizenship
(Registration of Citizens and issue of National Identity Cards) Rules, 2003 has
assigned the responsibility for preparing the NRIC to the RGCC.
The Registrar
General of Census is also the Registrar General of Births and Deaths (Act 1969),
Registrar General for NPR and Registrar General of Citizen Registration (para 2
(m) of the Citizenship Rules-2003). It is clear from the review of acts and
rules that the ‘house listing’, population count and NPR will be the primary
data base which will be used to prepare NRIC. One needs to investigate the
legality of multiple agency data utilization; and what legal provisions allow data
collected through census to be used for the purposes of NPR and NRIC.
Further, the NRIC is likely to get
support from a surrogate - Indian Citizenship Amendment Bill-2016. Although
this bill was lapsed on 3rd June 2019; the current government got it
re-introduced in the Lok Sabha on December 9, 2019 and will also be introduced
in Rajya Sabha soon. This amendment if passed in the parliament, refugees from
minority communities namely Hindu, Jain, Buddhist, Sikh. Parsi or Christian
coming from Afghanistan, Bangladesh and Pakistan will be eligible for Indian
citizenship, excluding people from the Muslim community. It would be most appropriate that this bill included
all south Asian nations including Nepal, Bhutan, Sri Lanka, Myanmar and
Maldives. The corollary, however, of this seemingly noble amendment is that
only the Muslims living in India but excluded from the NRIC list are
susceptible to legal arrest, impounding and extradition.
The local government officials belonging to the census of
India, the election commission and district bureaucracy prepare the
so-called list of ‘India citizens. Such list is approved by state level
authorities, gazetted and published as ‘national register of citizens’ for that
state. It then becomes the responsibility of the individuals to check for
listing of their own names and names of family members. Should they find their
names are missing they can either accept the status as not Indian citizens or
approach the ‘foreigner’s tribunals to challenge their exclusion. Although the
decision of these tribunals is final, yet one can reach out to the hierarchical
system of courts of law the ultimate steps to seek justice and secure right as
the Indian citizen. As is already a common knowledge from Assam Experience that
this process is not only cumbersome, but also complicated, costly, time
consuming and not foolproof.
This
author’s observation, that the Muslim community of India is under stress from
the official and often irresponsible discourses of extending NRIC to the whole
nation. Secondly the citizenship amendment bill, is highly discriminatory, if
passed can be misused in a manner that majority of the poor, rural, illiterate
and low-income Muslim households will be under the risk of exclusion from the
NRIC list. Murmuring that Muslims should boycott the NRIC has begun. However, this
author suggests that the people of India can seek the following safeguards at
the time of data sharing to the government agencies and functionaries.
1.
The house listing will
be undertaken during March to September 2020. The census takers will visit each
house/household. The respondents often the household head should seek a ‘clearly
written statement of purpose and promise’ that the data collected during ‘house
listing’ and for NPR, and subsequently at the time of enumeration will be used only
for the purpose of Census Counts, Data Aggregation and Policy Analysis. Ideally
this statement must be signed by the President of India. It is a generic
promise like the one Reserve Bank of India governor does on the printed bank
currency notes.
2.
That the Census
officials issue an acknowledgment to the fact that personal data was collected after
serving the written promise and that the data will not be shared or used for
any other purpose. This acknowledgment should record time, date and place of
data extraction.
3.
That a printed copy of
all the data collected is issued to the individual for her own data file and
future use. This data can also be made available through an online system of
data retrieval by the individual.
4.
Since the overall foreign-born
residents in India according to earlier censuses are minuscule[3],
it does not make sense that every Indian resident is made to prove her
citizenship through an unmanageable and expensive process which is for example
adopted in Assam last year. The government must change the methodology to
identify hot-spots and living areas where illegal residents most likely
live. It is instructive to state that
similar effort in the USA to incorporate a question asking the citizenship in
the Census was shot down by the Supreme Court of the USA.
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[1] Views expressed in this
article are personal. Contact email: ashariff@usindiapolicy.org
[2] It is not clear however
whether the NPR data was satisfactorily and correctly used to generate AADHAAR
IDs.
[3] The USIPI is currently
processing data on residents born out of India as documented from the Census of
India 2011; and results can be shared as per requirement of the policy
initiatives and for academic purposes.