File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Negative aspects of CAA and NRC in India

What is CAA?

The Citizenship Act of 1955 provides for the acquisition, definition and termination of Indian citizenship. In the past, the Act has been repeatedly updated; parliament passed the latest amendment on 11 December 2019. The 2019 Citizenship Law (CAA) provides for applications for Indian citizenship for migrants from six minority in three particular countries who are persecuted by religion. Such an immigrant must be entitled to citizenship after they have fulfilled the minimum legal criteria.

What is NRC?

The National Citizens' Register (NRC) is an Indian citizen's record. Every citizen of India is required to register and submit a national identity card under the Citizenship Act of 1955.

What is NPR

The National Population Register (NPR) is the registry of regular country inhabitants. The rules of citizenship (registering citizens and issuing of national identity cards), 2003, are being created at local (village/sub-town), sub-district, district, state or national level. Registration in the NPR is required for every usual Indian resident. For NPR purposes, an ordinary resident is defined as the one that resides for the previous 6 months or more in the local area, or a person intending for the future 6 months or more to dwell there.

What's the difference between CAA and NRC?

CAA shall refer to illegal migrants who reside in India and shall not be applicable to any Indian individual. The NRC only excludes some, consisting of a record of people of India.

Is CAA applicable to Indian citizens?

The CAA does not apply to Indian people. It doesn't really impact them. The purpose is to offer Indian citizenship to foreigners who have been persecuted on religious grounds in three neighbouring nations.

Problems in the process of NPR and NRC

In actual of total population 70% of 19 Lakhs outside of the NRC in Assam: Only those without documents may be captured by the NRC rather than illegal immigrants, thus people should file their documentation to show their nationality. Even in India, males are travelling alone first for rural-to-urban migration, and then trying to bring them into the city, so many more illegally migrating women do not appear likely to be there. And in India, similar disastrous NRC is currently planned!

The NPR is the first step of the planned NRC. The NPR appears to be like a census, but not so. The NPR is subject to the 1955 Citizenship Law, 2003 National Identity Card and 1948 Census Act. The NPR covers the 1955 Citizenship Act and the 2003 Citizenship Rules.

The following is the NPR mechanism leading to the NRC:
  1. Govt employees would travel to every NPR house, obtaining every person's identities and details, citizens and foreigners, residing in India.
  2. Then they sat in their desks to look at the information that everyone appears like 'doubted persons.'
  3. Then the 'doubted voters' must present credentials confirming that they are residents.
  4. Decisions are conducted on what Indian individuals are qualified to receive from these "doubted persons."
  5. The NRIC is to be set up. The NRIC must be set up.
  6. To those whose names appear on the list, a National Citizenship Card should be given.
  7. If you don't have a passport, you're not an Indian citizen!
  8. Great power in the hands of the immoral Sarkari babus. Operation that takes a highly bureaucratic time.
  9. A person may object to your inclusion in the NRC. Simple personal animosity, professional competitiveness, mother language prejudice, race, creed,... This objection may be founded.
  10. Privacy of the census data is guaranteed under the 1948 Census Act. No such clause exists under the NPR. There is serious concern about misuse of the data.

Who will be affected by NRC?
  1. The most vulnerable are women (more than two-thirds of the Assam NRC population are women). Many women do not have documentation/faces because of the risk of not matching their documents:
    1. Change of names after marriage (in some communities, women even change their first names, not just surnames)
  2. No school going
    1. Non-herited country
    2. Move to different towns and cities after marriage.
    3. Untrained, susceptible in all non-paper cultures.
(approx. 23 crores), ST (approx. 12 crores) and OBC (approx. 55 crore) will be unable to obtain the documentation needed.
  1. There are 21 Indian Muslims who are impoverished in large majority of the population, including SC/STs. Many of them do not have papers and could face the fatal combo of CAA+NRC.
  2. Orphans and abandoned youngsters who might not have needed papers for themselves and their care givers. There are 3.1 crores of such children in India, according to UNICEF.

LGBTQIA individuals often dismissed by their family, including transgender people.
  1. At least 42% (51.5 crores) of the Indian population are not birth certified. This includes elderly people who were born when births have not been documented in all regions and those who have been born in remote locations where births have not yet been recorded

Discriminatory aspects in CAA and NRC:
  1. CAA gives Indian Citizenship eligibility for undocumented Hindu, Sikhs, Buddhists, Jains, Parsis, and Christians arriving in India prior to 2015, from Pakistan, Afghanistan, and Bangladesh (i.e. non-Muslims).
  2. The CAA ignores persecuting minorities such Hazaars, Ahmadis, atheists and political dissidents from other areas, such as Tibet, Sri Lanka, and Myanmar, facing tyranny in Pakistan.
  3. This is the first example when religion is employed as a condition for Indian citizenship. CAA infringes on constitutional values and breaches Articles 13, 14, 15, 16, and 21 guaranteeing the right of the Indian State to freedom, fair treatment, and non-discrimination.
  4. The CAA applies to undocumented refugees. Unlawful aliens have no naturalization or registration access to citizenship. There is no way for a Muslim who is designated an 'illegal immigrant' to gain citizenship in India.
  5. CAA+NRC may seriously impact Indian Muslims, since Muslims who do not have the documents necessary to demonstrate their nationality may be considered illegal immigration within the NRC and are not allowed to use CAA because non-Muslim Indians could have obtained lying citizenship and flagged as illegal migrants from Bangladesh, Pakistan, and Afghanistan.


Issues with Non-Muslims taking citizenship through CAA:
The NRC impacts all religious persons. Many non Muslims do not worry about the NRC because they think that they may become nationals by lying and claim that, because of the absence of adequate paperwork they are immigrants living in India illegally, belonging to Bangladesh, Pakistan and Afghanistan. You don't know why the CAA wouldn't make a residence fake. Even if someone may achieve CAA citizenship by lying, it could lead to lifetime instability.

Some of the problems that can emerge below are:
  1. SC/ST/OBC reservation issues and concerns
  2. What if the individual concerned is outside the NRC and must become a CAA citizen? How about bookings from SC/ST/OBC?
  3. Is anybody responsible for bookings who claim to be illegal aliens from these three countries?
  4. What proof of the caste they claim to come from is their own membership?
  5. Think of your nervousness and your influence, if you lie and say that you are an immigrant who is undocumented, someone might have you, your beloved person, or even your family member. If you don't have the requisite paperwork, you may be able to determine if a sarkari babu that might be corrupt is qualified for citizenship through CAA.
  6. How can lakhs of individuals brazenly disappoint and state that they come from other countries? What if they are proved to lie (as is easy to do)?

You can be legally annulled throughout your life before you disclose that you have emigrated when you lie and declare that you are an illegal immigrant. Somehow it will be if you're an unreliable immigrant who lives from the very beginning.
  1. What happens to your whole country, properties, and education which you stated you had immigrated from previously to India?
  2. What about the weddings before someone stated he or she went to India? Will the weddings be annulled? Should offspring of marriage like this be considered unlawful? What are the steps for preventing such abuse?
  3. Ancestral property should only be handed to the descendants (unlike self-produced property, which can be desired). Will you forfeit your ancestral property if you wish to pretend you are an immigrant?
  4. What about the family property of enterprises and insurance companies, the right to inherited property which is not protected by the will, the right to a merciful job, the right to continue to live on the deposited property of your ancestors, etc. If your child states that it is a foreign immigrant, how can you claim any legal maintenance rights in your age?
  5. What about a crime before an individual claims to have relocated from a certain nation such as robbery, killing or even misappropriation? How can prosecution be carried out if the government is legally in favour of not being in the nation when an infraction occurs?
  6. What is the law of the country when the state encourages this widespread dishonesty?
  7. What if following the enactment of the NRC a new administration reintroduced the CAA? What your citizenship and your life would have been?
  8. What about your argument as an illegal migrant that you are a government, injustice, simple hatred, or plain conscience?
  9. Do you wish to lie respecting yourself and say that you are a non-documented immigrant from another country? Are you all right to deny that you're your parents' children?
  10. Why the country should be confronted with the terror of these "facial nose cuts?

Cost of NRC in whole nation:
  1. Rs 1,200 crores were paid for Assam's NRC and almost 52,000 workers were engaged for three crores. If we are planning these statistics at the national level, the government can carry the NRC just for 134 individuals, possibly more than Rs 55,000 crores. (The Indian government spends around Rs 65,000 on healthcare per year and Rs 95,000 on education every year.)
  2. Every year, the administration should keep and feed and imprison all those individuals who made a living and managed their houses pleasantly.
  3. Every Indian should pay taxes directly and indirectly (even a packet of biscuits is taxed).
  4. The defendants and the loss of production of their families.
  5. The government officials, the courts, those who have to defend themselves and their loved ones would waste time in activities that create no meaningful service or benefit and drain the economy.
  6. The money everybody has to spend on defense. This amount has been predicted to reach 11,000 crores in Assam, with a population of 3.2 crores, and should be covered by the roof as 19 lakhs are spending in the defense of international courts and courts.
  7. It is possible to project just 11,000 crores into five lakh crores rupees countrywide.
  8. The influence on the economy of fighting. Many crime-free groups undoubtedly do not agree with their nationality and rights being removed and businesses can operate as usual.
  9. Possible international economic sanctions against India. Currently, 50% of our GDP is external.
  10. It is potential for an economic collapse.

Possible repercussions in CAA, NPR, NRC:
  1. Even minor sarkari clerics and police officials would concentrate on the overwhelming power of the authority from above.
  2. Crores of individuals may easily be deemed non-citizens because they lack the necessary paperwork. It may lock it up in camps or stay a residence in India for non-citizens without basic rights or voting rights, nourishment via PDS, MNREGA availability, etc. You may also stay in the campgrounds.
  3. Oppression and the poor's powerlessness would lead to governments being elected that have no need to concern about poor people's interests. Amartya Sen earned a Noble Prize for his idea of starvation in democratic countries. Elected governments can be rejected as ordinary individuals are in keeping with life demands. In the dry season, these governments thus take measures to prevent hunger.
  4. The wealth of the top nine billionaires in India equated to the wealth of their lowest 50% population. In India, economic inequality is one of the greatest in the world. The NRC procedure would make the people of India worse and disproportionately impoverished.
  5. If non-citizens are not freely treated in state hospitals and clinics, the prevalence and propagation of infectious illnesses would grow among the general population.


The courts that are currently still overburdened will be swamped with cases, since cases can be brought to the high court and even to the Supreme Court to appeal the crores of individuals who by foreign courts are regarded to be illegal immigrants.
Increased crime and lack of compliance with the law.

As the poet writes, you may have a lack of sympathy for the victimization by other communities: 'First they came for Socialists and I haven't talked out — I wasn't a Socialist.' Then the Jews came and I didn't speak out, since I wasn't a Jew. They were for the Jews. They came for me — and nobody was left to talk for me."
The potential for large-scale CAA infiltration into India leads to challenges to security.

Further, terrorist and riots
Some individuals linked these laws with those in Germany in 1935 which stripped Jews and warned CAA+NPR+NRC of the Holocaust-like genocide that would lead to the revolt of Judah, revocation of citizenship and transport to the concentration camps and killing in the death chambers. Six million Jews were ruthlessly murdered by the Nazis. When Nazis staged pogroms against the Jews, Golwalkar, the then chairman of RSS, dubbed it the most elevated kind of racial orgy. "Jews hailed Nazi Germany for "pushing the country away."

Golwalkar
Any Indian who is not a Hindu is a "traitor" and in India he termed it "treason." To make a difference, he termed it "blessing" and "treason." Modi considers Golwalkar a "guru capable of adoration."
  1. Possibility of civil war.
  2. In the international community, Indian contempt.
  3. The world's non-resident Indians have a negative influence.
  4.  Hindus residing in neighboring nations are having negative repercussions.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly