Exclusion from NRC no ground for one to be declared a foreigner: Govt

The non-inclusion of a person’s name in National Register of Citizens (NRC) in Assam does not “by itself amount to him/her being declared as a foreigner”, the Union Ministry of Home Affairs Ministry (MHA) said on Tuesday, underlining that those excluded from the NRC will be given adequate opportunity to appeal against their non-inclusion.

The MHA said it would amend the rules to increase the present time limit of filing of appeals in Foreign Tribunals (FTs) from 60 days to 120 days regarding exclusion from final NRC, adding that the state government will make arrangements to facilitate the appeal.

The decision came at a meeting chaired by Home Minister Amit Shah here on Monday to review the issues related to final publication of the NRC in Assam. The review meeting was attended by the Chief Minister of Assam, Union Home Secretary, Chief Secretary of Assam and other senior officers.

Over 40 lakh persons had been excluded from the draft NRC issued in July last year which contained 2.89 crore eligible people out of a total 3.29 crore applicants. Among those who found their names missing from the draft NRC were some prominent people such as sitting and former MPs, MLAs and armed forces personnel.

The number of those excluded now stands at around 41 lakh after fresh exclusions. The final NRC, being done under the supervision of the Supreme Court, is due to be published on August 31.

The MHA has held “extensive deliberations” on the issue with the Assam government over the last few weeks.

“It was decided that in order to facilitate the persons excluded from NRC, adequate arrangements will be made by the state government to provide full opportunity to appeal against their non-inclusion. Every individual, whose name does not figure in the final NRC, can represent his/her case in front of the appellate authority, that is, Foreigner Tribunals,” the Union Home Ministry said in a statement on Tuesday.

Under the provisions of Foreigners Act 1946 and Foreigners (Tribunals) Order 1964, only Foreigners Tribunals are empowered to declare a person as a foreigner, it said.

“Thus, non-inclusion of a person’s name in NRC does not by itself amount to him/her being declared as a foreigner,” the statement said.

“In order to facilitate the persons excluded from NRC, adequate number of such tribunals are being established at convenient locations. It has been decided that state government would also make arrangements to provide legal aid to the needy people amongst those excluded from NRC,” the MHA said.

It said that as it may not be possible for all those excluded from final NRC to file the appeal within the prescribed time, the Home Ministry will amend the rules to increase the present time limit of filing of appeals in FTs from 60 days to 120 days.

“The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 are also being amended accordingly,” it said.

In order to maintain law and order situation, central security forces are being deployed as per requisition from the state government.