The concept, definition and application of ‘Citizenship’ is taking a transformative shift during 2019-20 towards disenfranchising and public exclusion of millions of usual residents of India. It is just over a year since the 17th general elections enabled the NDA government formation, subsequent to which the Union Home Ministry is working overdrive to prepare National Population Register (NPR) which is a precursor to a nationwide National Register of Indian Citizens (NRIC). The intention of NRIC is ultimately to exclude millions of Indian citizens from voters’ lists. The CAA-2019, although meant to address unsettled international migration issues, can generate manipulative and exclusionary impact on many citizens. The central government considers joint execution of NPR-led NRIC and CAA-2019 as an insurance against high electoral gains during the state elections in West Bengal, which are due next year and in Uttar Pradesh during 2022. Since the process of NPR has been put under abeyance due to Covid-19 pandemic, will it cause anguish in the BJP/NDA quarters that the benefits during the West Bengal Elections will be lost?
The Game Plan – BJP’s Longest Jump Expectation in West Bengal:
Although 9 and 8 per cent of Muslims voted BJP in 2014 and 2019 general elections respectively, there is common feeling that thy oppose the saffron party. The BJP therefore, consider it is best to isolate Muslim voters through inter-religious tensions and sway the voting behavior of the majority community towards far-right. The BJP got 17 per cent votes securing only 2 seats in 2014 general elections in West Bengal; but in 2019 general elections the share was over 40 per cent securing 18 seats. But the situation was somewhat different in 2016 Assembly election in West Bengal; that the NDA secured only 10 per cent votes and 16 MLA seats. Thus, the Hindu consolidation behind the BJP during 2019 Lok Sabha elections has made this party aim for a very high jump of securing majority in the ensuring 2021 state elections. This can only be done through the ‘political equallent of ‘invisible hand’ which is communalizing the political discourse. Last general elections BJP/NDA won more seats in districts with higher Muslim vote share, this was the result of polarizing the Hindu vote towards extreme right.
The conduct of NPR leading to NRIC and in collaboration of CAA will lead to such political discourse shaping the polarization of votes towards BJP and its NDA partners in West Bengal. But the BJP game plan for West Bengal during 2021 is much higher; ensure millions of Muslims are disenfranchised through the application of dubious legal provisions of NPR, NRIC and CAA.
Karnataka, A Laboratory of Electoral Concoction - Pre-Cursor Nabbed in Time:
The game plan to disenfranchise is happening at multiple- plains; not only at the level of Home Ministry but also through the Election Commission of India and its state level offices, such as the Karnataka State Election Office. On August 21, 1992, the Election Commission of India asked registration officers deputed to prepare the voters’ list to identify and delete foreign nationals from the electoral rolls. It also asked district collectors and the police to prepare a list of suspected foreign nationals. The police listed the residents of the localities, it believed, had a substantial presence of foreign nationals based on “intelligence reports”. Only those who were not in this list could apply for enrolment as voters.
Fast forward this to 2019. The senior author analyzed data for over 2.8 lakh new applications for voter’s enrolment during 2017-18 in Karnataka. It was shocking to find that a high 62 per cent were rejected - as many as 18 per cent % were denied on the ground of ‘not being Indian citizens’ and 24 per cent for unspecified reasons who can be latter labeled as ‘not India Citizens’. To put it differently, among the total number of rejects, around 30 per cent were rejected on the ground of not being Indian citizens and another 39 per cent for reasons not publicly available.
The way forward
Even the UN Commissioner for Human Rights has entered the Supreme Court by agitating the fact that CAA2019 is discriminatory. The US commission for International Religious Freedom (USCIRF) considers CAA-2019 in association with Indian laws have created a culture of impunity for nationwide campaigns of harassment and violence against religious minorities; and caused systematic, ongoing, egregious violations. USCIRF has recommended India to be amongst 14 countries to the US State Department for designation as “countries of particular concern” along with nations such as North Korea, Pakistan, Saudi Arabia, Iran, Syria, and Vietnam.
At this point of time, representation of Muslims in all democratic institutions, the parliament, law enforcement agencies and even large private sector is abysmally low. After the Prime Minister’s targeting Muslims in public speeches that ‘they can be identified by the clothes they wear’, the electronic media has run a campaign of ridiculing the Muslims.
The sheer size and diverse demography, the vast geographic expanse and low legal knowledge across India requires that minimum facts ought to be needed as proof of citizenship. The current rules and legal provisions are complicated and needs to be supported by non mandatory innumerable documentations with subjective satisfaction of the officers concerned which will lead to confusion, anguish and even fear in reporting, thus contributing to high incidence of marking as ‘doubtful’. It will also result in arbitrariness and bias on the part of adjudicating authorities, clog up the judicial system for years to come and causing miscarriages of justice. Besides a nationwide implementing of NPR led NRIC will require huge financial resources for establishing and maintaining tribunals and detention centers. There is also a likelihood of India regressing into the largest and severest human tragedies the civilized world has ever seen in living memory.
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The Game Plan – BJP’s Longest Jump Expectation in West Bengal:
Although 9 and 8 per cent of Muslims voted BJP in 2014 and 2019 general elections respectively, there is common feeling that thy oppose the saffron party. The BJP therefore, consider it is best to isolate Muslim voters through inter-religious tensions and sway the voting behavior of the majority community towards far-right. The BJP got 17 per cent votes securing only 2 seats in 2014 general elections in West Bengal; but in 2019 general elections the share was over 40 per cent securing 18 seats. But the situation was somewhat different in 2016 Assembly election in West Bengal; that the NDA secured only 10 per cent votes and 16 MLA seats. Thus, the Hindu consolidation behind the BJP during 2019 Lok Sabha elections has made this party aim for a very high jump of securing majority in the ensuring 2021 state elections. This can only be done through the ‘political equallent of ‘invisible hand’ which is communalizing the political discourse. Last general elections BJP/NDA won more seats in districts with higher Muslim vote share, this was the result of polarizing the Hindu vote towards extreme right.
The conduct of NPR leading to NRIC and in collaboration of CAA will lead to such political discourse shaping the polarization of votes towards BJP and its NDA partners in West Bengal. But the BJP game plan for West Bengal during 2021 is much higher; ensure millions of Muslims are disenfranchised through the application of dubious legal provisions of NPR, NRIC and CAA.
Karnataka, A Laboratory of Electoral Concoction - Pre-Cursor Nabbed in Time:
The game plan to disenfranchise is happening at multiple- plains; not only at the level of Home Ministry but also through the Election Commission of India and its state level offices, such as the Karnataka State Election Office. On August 21, 1992, the Election Commission of India asked registration officers deputed to prepare the voters’ list to identify and delete foreign nationals from the electoral rolls. It also asked district collectors and the police to prepare a list of suspected foreign nationals. The police listed the residents of the localities, it believed, had a substantial presence of foreign nationals based on “intelligence reports”. Only those who were not in this list could apply for enrolment as voters.
Fast forward this to 2019. The senior author analyzed data for over 2.8 lakh new applications for voter’s enrolment during 2017-18 in Karnataka. It was shocking to find that a high 62 per cent were rejected - as many as 18 per cent % were denied on the ground of ‘not being Indian citizens’ and 24 per cent for unspecified reasons who can be latter labeled as ‘not India Citizens’. To put it differently, among the total number of rejects, around 30 per cent were rejected on the ground of not being Indian citizens and another 39 per cent for reasons not publicly available.
The way forward
Even the UN Commissioner for Human Rights has entered the Supreme Court by agitating the fact that CAA2019 is discriminatory. The US commission for International Religious Freedom (USCIRF) considers CAA-2019 in association with Indian laws have created a culture of impunity for nationwide campaigns of harassment and violence against religious minorities; and caused systematic, ongoing, egregious violations. USCIRF has recommended India to be amongst 14 countries to the US State Department for designation as “countries of particular concern” along with nations such as North Korea, Pakistan, Saudi Arabia, Iran, Syria, and Vietnam.
At this point of time, representation of Muslims in all democratic institutions, the parliament, law enforcement agencies and even large private sector is abysmally low. After the Prime Minister’s targeting Muslims in public speeches that ‘they can be identified by the clothes they wear’, the electronic media has run a campaign of ridiculing the Muslims.
The sheer size and diverse demography, the vast geographic expanse and low legal knowledge across India requires that minimum facts ought to be needed as proof of citizenship. The current rules and legal provisions are complicated and needs to be supported by non mandatory innumerable documentations with subjective satisfaction of the officers concerned which will lead to confusion, anguish and even fear in reporting, thus contributing to high incidence of marking as ‘doubtful’. It will also result in arbitrariness and bias on the part of adjudicating authorities, clog up the judicial system for years to come and causing miscarriages of justice. Besides a nationwide implementing of NPR led NRIC will require huge financial resources for establishing and maintaining tribunals and detention centers. There is also a likelihood of India regressing into the largest and severest human tragedies the civilized world has ever seen in living memory.
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