Assam: Aadhaar Rules Made Stricter Amid Concerns Over Population Discrepancies

On September 7, Assam Chief Minister Himanta Biswa Sarma announced that the state of Assam will be introducing certain safety measures on the process of allotment of Aadhaar cards as the state has more Aadhaar card holders than the projected populations in at least four districts. As provided by Sarma, it is in response to this “worrying” data that the state government plans to implement stricter Aadhaar application requirements starting October 1, 2024. Applicants will now be required to provide their National Register of Citizens (NRC) application number, irrespective of whether their name appears in the final NRC list. This move aims to confirm that the applicant was in India before the NRC process began.

“We will issue a notification making it mandatory for all adult applicants to provide their NRC application number while applying for Aadhaar from October 1. Whether or not an applicant’s name is in NRC (complete draft published on August 31, 2019) is secondary, but the application number will imply he or she was in India before the NRC process began,” Mr. Sarma said, as per the report of the Hindu.

What brought forth the need for more stringent requirements?

Sarma highlighted that in districts such as Barpeta, Dhubri, Nagaon, and Morigaon, the percentage of Aadhaar card holders exceeds the projected population figures, with rates reaching up to 103.74% in Barpeta.

As per the report of The Hindu, Sarma provided the following data that “While 103.74% of Barpeta district’s projected population was found to possess Aadhaar cards, the figures for Dhubri (bordering Bangladesh), Nagaon, and Morigaon districts were 103.48%, 101.86%, and 101.76% respectively.”

One should note that the above-provided districts have a significant majority of Muslim population. The Chief Minister further indicated that the state government has sought greater control over the Aadhaar process from the Centre, arguing that the current population projections might underestimate actual numbers. Along with the NRC number requirement, Aadhaar applicants will need to obtain a no-objection certificate from the District Commissioner.

“The Centre, after going through our proposal, agreed to make it tougher to get an Aadhaar card in Assam. Apart from citing the NRC application number, an Aadhaar applicant will also have to get a no-objection certificate from the District Commissioner concerned,” Mr. Sarma had said.

This tightening of Aadhaar application rules comes alongside an intensified drive against illegal immigrants. As per Sarma, the detection of illegal immigrants has been a priority, particularly after several attempts to enter Assam from Bangladesh following recent political upheavals in that country and ouster of ex PM Sheikh Hasina from the country.

“We have decided to strengthen and intensify the process of detecting illegal immigrants, who could become a problem not only for Assam but also for the country,” Sarma was heard saying.

It is essential to highlight that along with the abovementioned announcement, the state’s Home and Political Department has issued a directive to the Assam Police Border Organisation to enhance border surveillance, intelligence gathering, and biometrics collection for suspected illegal immigrants. As per the report of the media, a total of 54 illegal immigrants have been detected so far this year, with ongoing efforts to identify and repatriate those without legal status.

Additionally, Sarma released a list of 52 recommendations from the Justice (retired) Biplab Kumar Sarma Committee related to the implementation of Clause 6 of the Assam Accord. These recommendations focus on language, land, and cultural protections and are to be implemented without needing Centre’s involvement in the non-Sixth Schedule and the (Bengali-speaking) non-Barak Valley areas. However, some recommendations still require approval from the Central government.

“The State can implement these 52 recommendations without the Centre’s involvement while five others are under the joint purview of the Centre and State. The Centre’s approval is needed for the remaining 10 recommendations such as reserving 80% of Parliament and Assembly seats in Assam for the Assamese people and bringing Assam under the ambit of Article 371,” Sarma had said.

Who all will be excluded from this stringent application process?

Assam CM Sarma has provided that the new conditions on application will not be applicable for the 9.52 lakh people whose biometrics were frozen during the NRC updating process and some tea plantation workers unable to apply because of issues of accessibility.

For context, on August 28, after a protracted wait of five years, the Assam government announced that 9,35,682 people in the state would finally receive their long-delayed Aadhaar cards. Assam Chief Minister Himanta Biswa Sarma had, in a press conference, revealed that the central government had instructed the Unique Identification Authority of India (UIDAI) to issue Aadhaar cards to the 9,35,682 people who had submitted their biometrics between February 2019 and August 2024.

Since 2019, a staggering 27,43,396 individuals have had their Aadhaar cards blocked, plunging them into a state of bureaucratic limbo and depriving them of access to essential services. The recent decision to unblock the Aadhaar cards for only a fraction of these individuals—just over 9 lakh—raises pressing concerns about the fate of the remaining 18,07,714 people who are still waiting for resolution. No information was provided about the criteria used to select these individuals, nor was there any transparency about the remaining 18,07,714 people who continue to be denied this essential identification document. (More details can be read here.) 

Stringent requirement might lead to worsening situation?

The announcement of these new requirements has brought forth concerns of worsening of existing issues and create significant challenges for Assam’s residents. The NRC process in Assam has already faced criticism for its lack of transparency and its impact on vulnerable populations, especially the Bengali speaking Muslims. Adding the requirement for NRC application numbers to the Aadhaar process introduces additional bureaucratic hurdles. More people of Assam will now have to face hurdles in addition to facing long-standing legal and bureaucratic battles over their citizenship status, requiring them to now navigate a more complex system to access basic services.

The Supreme Court has previously criticized Assam’s handling of citizenship verification, noting concerns about fairness and due process. The court has highlighted instances where the NRC process was flawed, including issues with the accuracy of the list and the treatment of applicants. By introducing more requirements and making the Aadhaar process more stringent, the state risks exacerbating these problems. The lack of clarity and the introduction of additional barriers may lead to further marginalization of already vulnerable groups. By linking Aadhaar applications to the NRC process, the government risks further excluding individuals who were left out of the NRC, intensifying their marginalization and restricting access to essential services like welfare schemes, healthcare, and education.

One of the most pressing concerns is the continued bureaucratic limbo faced by those whose Aadhaar cards remain blocked. When the government had announced the unblocking of Aadhaar cards for around 9.5 lakh individuals, no information was provided regarding the 18 lakh people are still waiting for resolution. The lack of transparency surrounding the criteria used to unblock these cards exacerbates the uncertainty for those who remain without identification. These individuals, many of whom are from vulnerable communities, are left in a precarious situation, unable to access crucial services while being deprived of a clear explanation or timeline for when their status might change.

Moreover, the new requirement for obtaining a no-objection certificate from the District Commissioner further complicates the Aadhaar application process. This additional bureaucratic layer is likely to create hurdles for economically disadvantaged individuals, particularly in rural areas, who already face significant challenges in accessing government offices and navigating complex administrative procedures. The imposition of such requirements raises concerns about the efficiency of service delivery and the potential for delays, leaving many in need without access to the vital services tied to Aadhaar.

The government’s intensified drive against illegal immigrants, coupled with enhanced border surveillance and biometric collection, risks reinforcing communal and religious divides in Assam, particularly targeting Muslim-majority districts. These measures, while ostensibly aimed at addressing concerns about immigration, may be perceived as a state-sponsored effort to marginalize certain communities. The narrative surrounding the detection of illegal immigrants and the linking of Aadhaar to citizenship status could deepen existing fears and mistrust among Assam’s Muslim population, further straining relations between the state and its residents.

Ultimately, these developments highlight the broader issue of social and economic exclusion in Assam. As Aadhaar becomes increasingly essential for accessing government services, the tightening of the application process could disproportionately harm those already living on the margins, pushing them further into poverty and deprivation. Without a transparent and inclusive approach, the new requirements risk exacerbating existing inequalities, eroding public trust, and intensifying the challenges faced by Assam’s most vulnerable populations. The new requirements could further contribute to a climate of fear and uncertainty, all the while overshadowing the broader concerns about fair treatment and the potential for wrongful exclusion.