S2NRI

The concept of the NRC, or National Register of Citizens, has been creating controversy since 2019. However, the concept is absolutely fine, but the intentions seem unclear behind introducing it. The main conflict relates to the documents.

In this blog, we will explain what NRC is and how it is changing the scenario.

Let’s first answer if a birth certificate is the only acceptable proof for NRC in India. Well, the answer is simple.

List of Documents to Show for NRC in India

There will be only two requirements to include any person or individual in the updated NRC. These are the following:

List 1. The first category has the list of documents issued before midnight on March 24, 1971. These documents should have the name of the self or forefathers, as per a source. It is implemented in Assam. Any of these documents will be acceptable:

• 1951 NRC
• Electoral Roll(s) up to March 24th, 1971 (midnight)
• Land and Tenancy Records
• Citizenship Certificate
• Permanent Residential Certificate
• Refugee Registration Certificate
• Passport
• LIC
• Any Government-issued license or certificate
• Service/Employment Certificate
• Bank/Post Office Accounts
• Birth Certificate
• Board/University Educational Certificate
• Court Records/Processes.

Besides, there are two more documents. These two documents shall be legally acceptable only if any of the aforementioned documents are enclosed with these proofs:

1. Circle Officer/GP Secretary Certificate in respect of married women migrating after marriage (can be of any year before or after March 24 (midnight) 1971)
2. Ration Card issued up to midnight on March 24, 1971

List 2. If a document from List 1 has some forefathers names, like father, grandfather, great-grandfather, etc., on it, such as a parent or grandparent, but not the applicant’s, some additional documents from this given list shall be enclosed. It must belong to the applicant, like establishing a relationship with that forefather whose name is on List 1. Overall, it must prove the relationship with his or her ancestors. These documents can include the following:

• Birth Certificate
• Land document
• Board/University Certificate
• Bank/LIC/Post Office records
• Circle Officer/GP Secretary Certificate in the case of married women
• Electoral Roll
• Ration Card
• Any other legally acceptable document

Overall, a birth certificate must be there. In case it’s unavailable, look out for other alternatives.

India and Bangladesh are neighbouring countries. And both countries have a healthy relationship with each other. People frequently exchange things, get jobs, and even maintain familial relationships here at the border. But the announcement of implementing NRC can disturb this relationship. Though some conflicts and deaths may arise, causing irreparable damage to this balanced intercountry connection, However, the trade between these two countries has surpassed USD $15.9 billion, which means that everything is fine and going well.

This recent update from the government has turned this relationship slightly bitter. For sure, the implementation of the NRC is the reason.

What is the NRC?

The root of the NRC lies in 2013, when the Supreme Court (the Apex Court) asked the state of Assam to update its register of citizens. The aim was to detect unauthorized immigrants living there.

In 2019, this matter became a nation-wide agenda because Union Home Minister Amit Shah came up with a proposal to implement the register nationwide. He introduced it to kick out all undocumented immigrants who are illegally living there before the 2024 Lok Sabha Elections.

Not only this, the Bhartiya Janta Party (BJP) also announced its idea to implement the Citizenship Amendment Act (CAA). This Act offers the naturalization of all religious minorities, but with the exception of excluding Muslims from Afghanistan, Bangladesh, and Pakistan who came to Hindu-majority India before December 31, 2014. Before this Act, there had never been a single incident involving introducing religion as a criterion for Indian citizenship.

The implementation of the NRC would certainly kick out such Indian Muslims who don’t have any formal documents that can prove their citizenship. In the case of having no document, they will be forced to apply for it. They won’t be citizens unless they claim themselves to be Afghans, Pakistanis, or Bangladeshis. The whole scenario will be against them in this case, and they will be called illegal immigrants under the CAA.

The implementation of CAA with the NRC will be an attack on the rights of the poor, who will be forced to become stateless. Many Indians lacked formal documentation when this country became a free country. This implementation will deprive Indian Muslims of voting rights.

Besides, if anyhow it is enforced, they will become stateless people. And the government will have no clear draft of what it will do with them. Certainly, it has created a fear of being deported uncertainly or being detained.

Initially, this announcement was for the northeastern Indian state of Assam in 2019. But now, it has become an agenda item for the Lok Sabha election in 2024. The BJP has clearly announced that the Modi administration is likely to implement it nationwide once he is elected as a future prime minister.

Bangladesh has been observing these situations closely because its economy will be affected if these acts are implemented.

Amidst this, the Assam state government attempted to compile the register. But it became unsuccessful. 1971 was the year when the invasion of Bangladeshi refugees was consistent because the war of independence started.

Now, Assamese residents will also have to prove their citizenship to others. Approximately four million people had no proof, which means that they would have to be excluded from the NRC list. It means that many genuine citizens who failed to present any proof would also be excluded from the list.

Many Assamese organizations filed petitions in the Supreme Court to revise the 2019 draft list. It requested to hold the process. On the other hand, the state’s BJP-led administration has completely cornered it, stating that some individuals’ names were erroneously included or excluded.

The detention centers are already filled. However, many prison facilities have been established in various states to detain people who don’t have papers.

Conclusion

The NRC, or National Register of Citizens Act, is to determine the real citizens and foreigners in India who are living as residents. It has a list of many documents that can prove the citizenship of India, including, of course, the “birth certificate.” . But there are some other documents that can be presented to prove. This blog has a list of all such documents to refer to.

Unregistered birth is when the birth is not formally recorded in the books of the government. Hundreds of NRIs and even citizens are there who don’t have any legal proof of their birth.

India’s Birth and Death Registration Act, 1969, states that registration should be done within 21 days of the event and max to max in a year with a late fee.

If it is applied afterward, this would be the case of the non-availability of a birth certificate, or NABC.

Steps to Get a Birth Certificate If Not Registered

 Step 1: Discover Eligibility

• The applicant should be born in India. If somehow the applicant has surrendered it, he or she can apply for a certificate called NABC. It is an alternative to a birth certificate.
• If the birth occurred at home and the parents did not register it, such children can apply for birth proof.
• If the applicant’s birth has never been registered with the Registrar or Sub-Registrar of the Municipal Corporation or Gram Panchayat, it will be eligible.
• If the applicant loses it to fire, flood, theft, or any other natural disaster, this event will be considered an unregistered birth.

In all these cases, the registrar will issue an instruction to look up the birth proof in its records. Once it is found that there is no document for the concerned applicant available, it may issue a Form 10 or a non-availability of the birth certificate. You can download it from the government portal.

Step 2: Collect Documents

The applicant should submit a self-attested photocopy of these documents:

• Address proof of parents, such as a voter ID card, electricity, gas, water, telephone bill, passport, valid Ration Card, Aadhaar card, running bank account, etc.
• Aadhaar of the mother and father, if available
• The informant, who can be the head of the house or a witness to the event
• Affidavit of parents or witness, which is a declaration stated by the parents
• The software-driven or manual form prescribed to inform about the birth by the in-charge of the institution
• A non-availability of the birth registration form, which is Form 10,.
• Passport or visa in the case of NRIs

Step 3: Visit the Authority

In towns or metropolitan cities, municipal corporations are responsible for issuing it. And in villages, the gram panchayat has the right to register it. The applicant can visit the respective authority in their jurisdiction in person. Carry the self-attested photocopy and originals of the aforesaid documents.

Or, you can visit the website at this link to find the website of the Municipal Corporation in your area. There, you may register with your phone number and login.

Step 4: Pay the processing fee.

Since the birth is not registered, which must be done within 21 days of its occurrence, the penalty will be levied. Remember that the fee structure differs in various states. Here is the fee structure provided on the official website:

• For a delay of >21 days and up to 30 days, the fee will be Rs. 100/-.
• Delay of >30 days and < 1 year, the amount will be Rs. 200/-.
• Form 10 fee: Rs. 500/-
• Affidavit fee of Rs. 20 for a stamp paper

The affidavit and Form 10 for NABC must be submitted together. The affidavit or sworn statement should be drafted by either the parents or close relatives. This should not be drafted by the applicant himself.

This is a sworn statement, which reads the following details:

• Full Name of the Affiant
• Address of the Affiant
• Date and Place of Birth of the Beneficiary
• Relationship with the Beneficiary
• A Complete Detail in the Context of the Beneficiary’s Birth and Relationship

Step 5: NRI Documentation

For NRIs, schedule an appointment with the consul in the embassy. And visit the office for document verification. The checklist of documents will be similar. The fee structure may differ.

Processing Period

Non-residents can get it on the very same day if all documents are valid and available. Online applicants may have to wait for a few days to many weeks. The verification may be lengthy. So, wait for any message from the competent officer.

You may check the status of your application, which will be given as the Application Reference Number (ARN). Check it out if it takes weeks. Eventually, you will be notified via a notification on the registered email ID or number. You may receive it digitally in your inbox. Or, get it from the registered office.

Conclusion

If the birth is not registered, it will be considered the non-availability of a birth certificate, or NABC. This will be similar to a birth certificate. You can follow the aforementioned steps to obtain it from India.