Meanwhile, various political parties and students bodies have claimed that many among the 40 lakh applicants left out of the complete draft of the NRC were due to absence of legacy data, birth certificates, school certificates or any other official document.
Many women from West Bengal and Bihar had been married in Assam and the Assam government has failed to get their legacy data from the two states depriving those women from being included in the NRC, those organisations said.
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The Assam Public Works (APW), the original petitioner in the Supreme Court which led to the update of the National Register of Citizens six years ago, said the final NRC turned out to be a 'flawed document' because its prayer for re-verification of the draft list was rejected by the apex court. The NGO also wondered whether the software used in the update exercise was capable of handling so much data.[36]
A first of its kind combination of the online and offline facility was introduced for benefit of the rural public. The application was introduced at a later stage and could be accessed through any Government-authorized Common Service Center (CSC)/Arunoday Kendra. The Common Services Centres are being operated by the Village Level Entrepreneurs (VLE) who ensure the percolation of the National e-Governance Plan at the grass-root level. In total 1148 SAHAJ Arunoday Kendras have been rolled out so far in the State of Assam, out of mandated 2833 Centres to July 2009), Cyber Cafes, any friend or internet access point for uploading photos and supporting documents. The e-form was made available at the NRC Assam website www.nrcassam.nic.in from 6 August 2015 onwards, through which anyone could download the e-form or copy in pen drives from the CSCs. One could easily fill up the e-form online or offline as per their convenience from literally anywhere.
Without extensive IT deployment and development of bespoke solutions like digitized legacy data development, document segregation and metadata entry, micromanagement and business development tools for daily appraisal of the performance of 2500 centres (NSK), 157 Tehsil offices and all districts, implementation of this Supreme Court-monitored project would not have been possible within short timelines. No other IT project of this scale has been implemented in Assam that covered 100% households in the state.
NRC in Assam has affected women a lot and put them on disadvantaged footing by asking them to establish their link to parental home as lacs of minor girls, married before attaining the age of eighteen, failed to establish proof of residency. The identity of most women is associated with husbands in India. The National Family Health Survey data reveals that in char dominated districts of Assam, nearly half of the women get married before the age of eighteen. When women are married off before attaining the age an adult, they cannot get enlisted in the voters list from their parental house. In absence of other documents like educational certificates and marksheets (due to illiteracy), it removes any legal link to their parental home. This forces them to opt for panchayat certificates to prove linkage with parents only to get such documents to be rejected.[45]
After much persuasion and struggle, the EastMojo team managed to get hold of Mozamil Ali (legacy data code no: 18050610720; ARN No: 101832302136172701998) in Nalbari district. When asked about the confusion over legacy data code, Ali, a daily wage worker, expressed his innocence over the issue.
Allegations of misuse of legacy data are nothing new in Assam. Apart from many others, large-scale inclusion in the NRC has been doubted by the Assam government itself as a number of districts in the India-Bangladesh border areas, which are seen as highly prone to illegal immigration, have shown higher inclusion rates than the districts which are located far from the border.
Last year, NRC coordinator Prateek Hajela also submitted a series of instances of misuse of legacy data before the Supreme Court and alleged trading of legacy data by unscrupulous elements to include non-citizens in the NRC.
Documents, namely 1951 NRC (National Register of Citizens) and electoral rolls up to midnight of March 24, 1971, are collectively called as the legacy data. It is the database of that period which would be carrying the names of a very large number of persons together, admissible to prove the claim for inclusion in NRC updated for the state of Assam.
Unique identification of each record is essential for the applicant to be able to show appearance of his/her name (or of his ancestor(s). This unique identification is also essential to enable checking by the verifying authorities at the time of verification. Sanctity of each record can only be tested through its relationship with an image in the centralised database. As such, each digitised record, which could be linked correctly with an image has been provided with a legacy data code, something similar to the issuance of a PNR in case of air/rail/road travel.
Legacy data code consists of an 11 digit number in the format xxx-xxxx-xxxx and contains all the information about any person whose name appears in the legacy data. Wherever a match with the name of the ancestor is found, a legacy data slip shall be printed and issued to the applicant. The slip will contain a legacy data code, which shall be required to be quoted by the applicant in the application form whenever submitted. Legacy data code is issued through either: (A) Search at the NRC Seva Kendra (NSK) or, (B) search through website hosted Digitised Legacy Data Development (DLDD) data through the NRC website.
The entire exercise, monitored by the Supreme Court, took almost three years to complete.
The fact check team reached out to RTI activist Mahmud Pracha, official documents, and NGO Social Justice Forum (SJF), and found that a large number of applicants possibly had no access to data or information in order for them to establish their Indian roots on the 2015-18 NRC.
The fact-check discovered a number of female applicants might have failed the re-verification process that required them to present additional documents or "legacy persons", such as their fathers, which they couldn't.
The names of the family members of former president Fakhruddin Ali Ahmed's nephew do not figure in the draft National Register of Citizens published in Assam on Monday as they could not apply for inclusion in the list of the state's citizens due to absence of legacy data tracing their ancestry, sources in his family said.
They could not apply for their names to be included in the National Register of Citizens as they could not trace their family's legacy data or any similar document despite checking with their relatives across Assam, the sources said.
Ziauddin's family visited their relatives in places such as Barpeta, Goalpara, Abhayapuri and Rangia in search of their legacy data but failed to procure any document that can be attached with their application as mandated in the NRC procedure, they said.
Draft data of the National Register of Citizens or NRC in Assam showed many people in the border districts had been included through "'rampant misuse of legacy data", the state government claimed on Thursday, once again alleging irregularities in the list being prepared to weed out illegal settlers.
"Why did Hajela do 27 per cent re-verification without informing anyone? He didn't even inform Supreme Court," Assam BJP president Ranjeet Dass told NDTV, adding that his party doubted the data because no advertisement was issued for NRC re-verification.
This raised doubts of "rampant misuse of legacy data", the government said. Legacy data refers to the 1951 NRC and electoral rolls up to midnight of March 24, 1971 which can be used to prove an applicant's antecedents.
Assam is a flood-prone area and every year thousands of people lose their homes and possessions, including documents, in floods or other calamities like land erosion and conflicts between communities. As a result, the possession of documents and legacy data is a luxury available to only the privileged. The postal system is not the most efficient or reliable and neither is access to the internet. There are several instances of people not receiving notices for hearings by the Foreigners Tribunal in time and thereby being declared D-Voter ex parte (Raiot Collective 2018b).
Further, the NRC has also been exclusionary of women. Azad (2018) writes how women were allowed to submit a panchayat certificate in the absence of birth or education certificates to establish linkage with the legacy holder. In some areas, child marriage is highly prevalent and hence, women do not have the required documents. While communities that have been given the status of original inhabitants have not had to undergo stringent verification of their panchayat certificate, Muslim women and Bengali Hindu women who provided the same were put through a stringent verification process (Azad 2018).
At the same time, the transgender community remains almost entirely unlisted in the NRC. As per the All Assam Transgender Association (AATA), there are about 20,000 transgender persons in the state (G Das 2018). At least 2,000 transgender women had applied to be enlisted, but their status is unknown. A large number of transgender women could not apply because they did not have the required documents to do so. Most hijras leave their biological families when they are young and are left with no contacts and it is hence practically impossible for them to get access to legacy data establishing their link. Some transgender people whose names have appeared on the list are mostly enlisted with their dead names[1] and they do not know the repercussion of this (Sitlhou 2018).
Saikia, Smitana (2019): "Citizenship Bill: Submerged in Sectarian Politics, BJP Turns A Blind Eye to Historical Complexities of Assamese Sub-nationalism," Firstpost, 18 January, -bill-submerged-in-sectarian-politics-bjp-turns-a-blind-eye-to-historical-complexities-of-assamese-sub-nationalism-5920781.html. ff782bc1db