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What is the effect of Citizenship Amendment Act on NRC recently concluded in Assam?

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Pradeep Pradeep
Answered on December 18,2019

Clause (3) of section 6(B) also provides that any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him.

Hence, all non-Muslims in Assam’s non-tribal areas (areas not covered under 6th schedule of Constitution), who are amongst the 19 lakh people excluded from NRC, can be granted citizenship as per this law. This will mean that the government of Assam will have to brazenly differentiate between those left out of NRC who are Hindus and those who are Muslims.

However their legal existence will now have to be as per the amended sections where they need to claim, on affidavit, that they are ‘persecuted minorities’ who have come in at some date prior to December 2014, never mind if they are Bengali Hindus who have been living in the state for several decades or more! The law is also proving to be an antithesis to the NRC process even for the Hindus and the 5 other communities. In Foreigners Tribunals they have been struggling to prove that they are India citizens but with the new law that stresses on “persecuted religious minorities” they might have to prove that they belong to one of the three countries to claim the citizenship!

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