Does having Aadhar Card, PAN Card, Voter ID or Passport prove one to be an Indian citizen? A case reported from Assam has once again brought this question into discussion. The Gauhati High Court rejected the petition of a person who had presented 15 different documents to prove his citizenship. The court said that merely showing the documents is not enough, but it is also necessary to prove that they are legally valid and establish a clear connection with the ancestors. This decision has once again brought the Foreigners Tribunal and the entire process of citizenship verification into the center of discussion. Let us understand how the Foreigners Tribunal works? And what is this whole matter?
Why was citizenship not proved even after having 15 documents?
This case is related to a daily wage laborer from Assam, whose identity was not made public due to legal reasons. He presented a total of 15 documents before the Foreigners Tribunal to prove his Indian citizenship. These included family names recorded in the NRC of 1951, several voter lists from 1966 to 2017, land purchase document of 1973, school certificate, PAN card and voter photo identity card. He also told that due to river erosion, his family shifted to many villages, hence their records exist at different places. He also presented the oral testimony of his father in support of his claim.
However, the Gauhati High Court found that these documents did not legally prove his citizenship. According to the court, merely having more documents is not enough. It is important that they are acceptable as per law, there should be no contradiction in them and they should clearly prove the person’s relationship with his ancestors.
Presented these 15 documents
- Copy of NRC of 1951, in which father’s name was recorded.
- Copy of the 1951 computerized NRC, containing names of father, grandparents, step-grandmother and other family members.
- Certified voter list of 1966, which contained the names of grandparents and step-grandmothers.
- The certified voter list of 1970, in which the names of father, grandparents and other family members were recorded.
- The land purchase document dated 12 September 1973, which was in the name of the grandfather.
- Certified voter list of 1979, which contained the names of parents, grandparents and other relatives.
- Certified voter list of 1985, containing names of parents and other family members.
- Certified voter list of 1989, which contained the names of parents, uncles and other relatives.
- Certified voter list of 1997, in which the names of parents and elder brother were recorded.
- School certificate dated 20 October 2017, issued by the Principal of Hashdoba Zonal High School.
- Certified voter list of 2005, containing names of parents and other family members.
- The certified voter list of 2013, in which the names of the petitioner, his parents and other family members were recorded.
- Voter Photo Identity Card (EPIC / Voter ID).
- The certified voter list of 2015, in which the names of the petitioner, his parents and other family members were recorded.
- PAN card.
Why did the 1951 NRC, voter list and PAN card also not work?
The High Court first refused to accept the computerized copy of the 1951 NRC. The court said that this electronic record was not certified as per Indian Evidence Act. Therefore it cannot be considered as legal evidence. The court also said that under the Census Act, 1948, such records do not automatically become proof of citizenship.
The school certificate was also not considered because the school principal and admission register were not produced before the court. Even the land document of 1973 could not show a clear link of succession to the family. At the same time, the court clearly said that PAN card and Voter ID are only identity and tax related documents, they are not considered as legal proof of Indian citizenship. Many discrepancies were also found in the voter lists. The age and village records of the family members in different years were not matching. According to the court, due to these contradictions it could not be proved that the petitioner was a descendant of the same ancestors whom he was claiming.
How does the Foreigners Tribunal decide?
The Foreigners Tribunal is a quasi-judicial body established by the Central Government through the Foreigners Tribunal Order, 1964, made under the Foreigners Act, 1946. Its main function is to decide whether a person is considered an Indian citizen or a foreigner. When a person’s citizenship is in doubt, his case is referred to a tribunal. The tribunal issues a notice to the person concerned and gives him an opportunity to present his side. After this the person has to present documents which prove that he is an Indian citizen. The tribunal examines these documents, calls witnesses if necessary and gives its verdict after a full hearing.
If the person is unable to present sufficient and legally valid evidence and citizenship is not proved, then the tribunal can declare him a foreigner. After this, according to the law, the process of sending him to a detention center or sending him back to his country can be started.
Whose responsibility is it to prove citizenship?
Section 9 of the Foreigners Act, 1946 is the most important provision of this entire process. According to this, if a question arises on the citizenship of a person, he himself has to prove that he is an Indian citizen. That means the responsibility of presenting evidence is not on the government but on the person concerned.
That is why the tribunal does not just look at the number of documents but also checks whether they are legally admissible or not. Along with this, it is also seen whether the documents link the person to his parents or ancestors. This is called genealogy or linkage. If this link is broken or there are contradictions in the documents, the claim of citizenship becomes weak.
What is the role of border police?
The Border Organization of Assam Police identifies those people whose citizenship seems doubtful. After collecting documents and other evidence during investigation, this branch sends the case to the Foreigners Tribunal. Along with keeping an eye on the India-Bangladesh border, it also keeps an eye on the river and the people living in the four areas. Through this branch, cases of doubtful voters i.e. D voters also reach the tribunal. People left out of the National Register of Citizens i.e. NRC also get the right to appeal before the Foreigners Tribunal to prove their citizenship.
How is citizenship decided in India?
Citizenship in India is not determined by any one identity card like Aadhaar, PAN, Voter ID or passport. Its rules are given in Articles 5 to 11 of the Indian Constitution and the Citizenship Act, 1955. The Constitution laid down the initial system of citizenship on January 26, 1950, while later the Citizenship Act, 1955 specified the circumstances under which a person would be considered an Indian citizen.
According to law, Indian citizenship can be obtained mainly on five grounds. First, on the basis of birth. Second, on the basis of descent i.e. mother or father being Indian citizens. Third, through registration. Fourth, naturalization i.e. giving Indian citizenship to a foreign citizen after fulfilling the prescribed conditions. Fifth, in case of any new area joining India, the people living there should get citizenship.
If there is a dispute over a person’s citizenship, the court or Foreigners Tribunal does not just look at how many documents he has. It is also checked whether the documents are valid as per law or not, whether they match each other or not and whether they prove a clear connection of the person with his parents or ancestors. Citizenship is decided on this basis.
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