Assam Citizenship Crisis: Aadhaar & the Shadow of Exclusion

On August 28, 2024 the Assam government had announced a long-awaited decision to unlock the biometrics of 9,35,682 individuals, allowing them to finally receive their delayed Aadhaar cards after five years of uncertainty. The unlocking of biometrics for 9.35 lakh people during Assam’s NRC process has brought a long-awaited relief to many. However, for countless others, the damage—financial, emotional, and social—has already been done. The five-year ordeal has disrupted lives, as individuals have been deprived of Aadhaar cards, a crucial document required for accessing government benefits, bank accounts, and conducting basic financial transactions.

The citizenship crisis in Assam is a stark reality that has left countless individuals in a state of uncertainty and despair. Citizens for Justice and Peace (CJP) has engaged with those grappling with the fallout of the NRC process, revealing a deeply fragmented experience: while some individuals have finally gained access to their Aadhaar cards, many others remain in limbo, still awaiting resolution. This dissonance highlights the ongoing bureaucratic chaos and the emotional toll it takes on people, who are often caught between the hope of recognition and the fear of exclusion. The narratives shared by these individuals paint a vivid picture of the anguish that accompanies their struggle for identity and belonging in a landscape fraught with suspicion and legal ambiguity. As families grapple with their precarious status, the reality of this citizenship crisis underscores the urgent need for clarity, accountability, and compassion in addressing the rights and identities of all residents of Assam.

Broken livelihoods and shattered trust

Fazrul Hoque from Dhubri speaks to the CJP Assam team about the human cost behind the state’s administrative failures. Hoque is one of those whose Aadhar has been released by the state government. “My company didn’t transfer my salary because I didn’t have an Aadhaar. For five years, I had to use someone else’s account, and now I am fined for it. Getting my Aadhaar now is a relief, but these years of harassment—financial and mental—cannot be erased.”

Struggles of rural Assam: abureaucratic nightmare

Others, like Tanmoy Saha, remain trapped in limbo. His biometrics may have been unlocked, but his Aadhaar is still “in process.” For five long years, Tanmoy has faced numerous obstacles due to the delay. “It’s just another bureaucratic hurdle,” he shares with palpable disappointment.

Hasina Khaoon and Ariful Islam from Darrang district reflect similar frustrations. Both continue to wait for their Aadhaar cards, even after the unlocking of biometrics. “I’ve been stuck for five years because of the NRC biometrics issue,” Ariful says, clearly exhausted. “Others in the same situation have already received their Aadhaar cards, but I am still waiting.”

For many, it wasn’t just about the prolonged wait. The bureaucratic hurdles added a level of trauma, as people were forced to navigate confusing processes with little clarity or help. Noreja Begum from Chirang district recalls the additional distress of losing her biometric enrolment document during the NRC process. This led to a further delay in her Aadhaar issuance. “I couldn’t have done it without the help of CJP. They supported me through the process, and I finally have my Aadhaar, but it has been an extremely difficult journey.”

Daily life on hold: price of locked biometrics

Access to Aadhaar is more than just a document for many. It represents survival and dignity. Rina Ghosh, a mid-day meal worker earning a meagre Rs.1,000 a month, reveals how the locked Aadhaar barred her from basic government benefits. “I was eligible for Orunodoi, free rice, and MPAY housing. But because my Aadhaar was locked, I was denied these essential benefits.” The impact of this deprivation has been particularly severe in rural Assam, where government welfare schemes form a critical safety net for many families.

For others, the damage extends to their political rights as well. Anowara Khatoon from Goalpara finds herself doubly marginalised. Her voter list status is marked ‘D’ (Doubtful voter), stripping her of her right to vote, and her Aadhaar, which was delayed by the NRC process, is finally here—but the name is incorrect. “I feel like I am invisible to the system,” she says.

Humanitarian intervention and accountability

In the face of a broken system, civil and legal rights organisations like Citizens for Justice and Peace (CJP) have stepped up to help. CJP’s field team member, Habibul Bepari, recounts the stories of numerous families who were unaware of their Aadhaar status because their biometrics were locked. “One family had even lost their documents and enrolment numbers,” Bepari recalls. “We helped them retrieve the details and provided them with digital Aadhaar. The relief on their faces was overwhelming.”

But relief is not enough. Nanda Ghosh, CJP’s Assam State In charge, raises the pressing question of accountability. “Over 27 lakh people had their biometrics locked during the NRC update. For five years, they were denied Aadhaar, a basic document to which they are entitled under Aadhaar rules, which state that anyone residing in India for 182 days is eligible. What was their crime?” Ghosh asks pointedly. “The government has announced that 9 lakh people will now get their Aadhaar. But what about the remaining 18 lakh? And for the 9 lakh—don’t they deserve compensation for the injustice they endured?”

An administrative labyrinth

On August 28, 2024, Assam Chief Minister Himanta Biswa Sarma announced that the central government had decided to unlock the biometrics of 9.35 lakh people, which were locked during the NRC (National Register of Citizens) process. This would finally allow them access to Aadhaar cards, enabling them to benefit from government welfare schemes like scholarships and social assistance programs. But for many, the question remains—why did it take so long?

The delay in issuing Aadhaar cards apparently stems from a misunderstanding of a Supreme Court order. In 2019, when people excluded from the NRC draft were allowed to appeal, the Assam government collected their biometric data in collaboration with the Unique Identification Authority of India (UIDAI). The rationale was to prevent those excluded from the final NRC from obtaining Aadhaar, as Assamese nationalist groups feared that “illegal migrants” would misuse the document—even though Aadhaar is not proof of citizenship.

As per a report of Scroll, in 2022, Rajya Sabha MP Sushmita Dev filed a public interest litigation in the Supreme Court requesting that Aadhaar cards be issued to individuals included in the NRC who had not yet been assigned unique identity numbers. In response to the petition, the union government had informed the Supreme Court on October 13, 2022, that individuals included in the final NRC would receive an Aadhaar number according to the standard operating procedures approved by the Court. However, the union government had also stated that it had withheld the issuance of Aadhaar cards for these individuals because the application receipt numbers from the NRC process had not been provided to the Unique Identification Authority of India (UIDAI). As per the report of Scroll, this information is documented in an affidavit reviewed by them.

CJP’s petition on denial of Aadhaar linked to NRC in the Gauhati High Court

In 2022, Public Interest Litigation (PIL) was filed under Article 226 of the Constitution of India by Citizens for Justice and Peace (CJP) in the Gauhati High Court, seeking a writ in the nature of Mandamus or other appropriate orders regarding the failure to issue Aadhaar cards to eligible citizens. As per the petition, this failure stems from the unjust practice of linking Aadhaar enumeration with the NRC process, which has disproportionately affected marginalised and underprivileged communities, particularly in Assam.

Key concerns raised in the petition:

• CJP emphasizes that the non-enumeration of Aadhaar, mandated under Section 7 of the Aadhaar Act (2016), denies access to essential financial subsidies, government services, and welfare schemes. This exclusion primarily impacts those left out of the NRC draft, even though the Aadhaar Act does not link Aadhaar enrolment with citizenship.
• The petition further highlights violations of the Aadhaar (Enrolment and Update) Regulations (2016), especially Regulation 12, which requires state agencies to ensure Aadhaar enrolment for beneficiaries through proactive measures like setting up enrolment centres. However, in Assam, Aadhaar enrolment has been delayed, with many of those who were initially excluded from the NRC still without Aadhaar identification.

Thereafter, it is crucial to also highlight that the Citizens for Justice and Peace (CJP) had also intervened in the Sushmita Dev v Union of India case [WP (C) No(s).1361/2021] in the Supreme Court since a similar petition of theirs had also been filed in the Gulati High Court. It was highlighted by the CJP that it sought to intervene in the said Writ Petition due to its significant interest in the matter, particularly concerning the implications of linking Aadhaar enrolment with citizenship rights and the NRC process.

Through the Intervening Application, CJP had raised the following key prayers before the Supreme Court-

1. A writ of certiorari to quash any decision blocking Aadhaar enrolment for individuals excluded from the NRC Draft published on July 30, 2019.
2. A writ of mandamus directing Aadhaar enrolment for all persons excluded due to their non-inclusion in the NRC process.
3. Interim relief ensuring that those excluded from Aadhaar due to the NRC process are not deprived of government schemes, welfare measures, banking activities, or the use of PAN cards during the pendency of the petition.

CJP had, through its application, shown its particularly concern about the Union of India’s proposed modalities that link Aadhaar enrolment to the NRC process, potentially affecting both citizens and non-citizens. The Applicant had believed this linkage could cause grave prejudice to the rights of those excluded from the NRC.

This came after the petition that CJP had filed in the Gauhati High Court.

CJP’s grassroot-level work in Assam

CJP’s work has been a crucial intervention in addressing the struggles of marginalised populations, especially in rural areas, with 62% of the affected being women. Through paralegal and legal aid, CJP’s Assam team has provided support to tens of thousands of people who were left out of the NRC’s provisional final list in 2018, which had caused widespread panic and distress among Assam’s population.

In addition to this ground-level work, CJP had also set up a toll-free helpline to assist those struggling to file claims and corrections during the NRC process. Many of these individuals, even after their inclusion in the final NRC list, still lack Aadhaar cards, making them ineligible for various essential services and financial subsidies.

Details of the petition in the High Court (CJP): The petition highlights that 213 out of 300 individuals surveyed, who were included in the NRC, have still not been issued Aadhaar cards, which shows a staggering non-enrolment rate of 71%. Furthermore, even those who were excluded from the NRC have been shut out of the Aadhaar system entirely. This systemic denial of rights, despite no legal link between citizenship and Aadhaar, constitutes an arbitrary exercise of power by the authorities, further deepening the marginalisation of Assam’s poor and agrarian populations.

CJP also underscored the humanitarian aspect of their work, especially during the COVID-19 pandemic. In addition to providing relief materials, the team has helped families of detainees in Assam’s detention centres secure their release after the Supreme Court directed the release of inmates who had completed two years of detention. This work involved navigating complex bail formalities for over 50 individuals.

The petition filed in the High Court also firmly argues that citizenship and Aadhaar should not be linked, especially given that Aadhaar is required for critical services like banking and government benefits. The ongoing denial of Aadhaar to those excluded from the NRC is a violation of their fundamental rights under Part III of the Constitution, particularly as the Aadhaar Act itself does not base eligibility on citizenship. If left unaddressed, this exclusion will lead to the continued disenfranchisement of millions, with estimates suggesting that as many as 40 lakh individuals in Assam may still be without Aadhaar.

The petition concludes by urging the Gauhati High Court to issue directions to the authorities to ensure the immediate issuance of Aadhaar cards to all eligible persons, including those excluded from the NRC, so that they may access the full range of benefits and services under government schemes. It calls for the removal of arbitrary barriers and urges the authorities to comply with the mandates of the Aadhaar Act, ensuring that the rights of marginalised populations are upheld in both letter and spirit.

An admission of error: Years too late

According to the Scroll’s report, in July 2023, after three years of relentless pressure, Assam’s home department had finally admitted to misinterpreting the Supreme Court’s directions. The officials acknowledged that there was no legal basis for withholding Aadhaar cards, resulting in over 9 lakh people being denied essential entitlements for half a decade.

This admission of error, however, does little to console those affected. There is also confusion regarding the actual number of people whose biometrics were blocked. While the Assam government initially reported that 27.43 lakh individuals had their biometrics collected during NRC re-verification, officials now state that only 9.35 lakh actually did. This miscalculation further highlights the inefficiency and administrative chaos that has plagued the Aadhaar-NRC debacle.

Living in limbo

The unlocking of biometrics raises another uncomfortable reality for many in Assam—those who were excluded from the final NRC can now get Aadhaar cards, but their citizenship status remains in limbo. Without official rejection orders from the NRC, these individuals cannot appeal their citizenship cases in foreigners’ tribunals. In this odd legal paradox, they are given access to Aadhaar while simultaneously being marked as stateless, adding another layer of uncertainty to their lives.

The road ahead

Despite the unlocking of biometrics, the struggle for justice in Assam is far from over. While the recent announcement brings a measure of relief to many, it also exposes a labyrinth of unresolved issues that have persisted for years. Questions about transparency, accountability, and compensation remain pressing concerns for those affected by the NRC process.

For individuals like Fazrul Hoque from Dhubri and Anowara Khatoon from Goalpara, the unlocking of their biometrics signifies more than just the potential to access government benefits; it represents a long-awaited acknowledgment of their identity and citizenship. Anowara’s frustration is compounded by the fact that her voter status is marked ‘D,’ effectively disenfranchising her despite her new Aadhaar card containing incorrect information.

Others, like Hasina Khaoon and Ariful Islam echo similar sentiments of confusion and frustration. Hasina is still waiting for her Aadhaar card, unsure of the reasons for the delay, while Ariful feels trapped in limbo, watching others receive their cards while he remains stuck in a bureaucratic quagmire. Noreja Begum emphasises the emotional toll and the harrowing experience of losing critical documents, while Rina Ghosh illustrates the dire consequences of being denied access to essential services due to the locked Aadhaar making her struggle even more painful.

The unlocking of biometrics has also highlighted the plight of individuals who, despite the process being completed, are still in a waiting game. Tanmoy Saha, for instance, continues to face challenges as his Aadhaar remains “in process.” His disappointment reflects a broader reality that many have endured: years of hardship without access to vital identity documents.

Moreover, the fear of selective profiling and discrimination looms large. Amidst a backdrop of politically charged rhetoric from leaders like Chief Minister Himanta Biswa Sarma, doubts persist about whether the government can truly ensure equitable access to services for all citizens, regardless of their background. This climate of suspicion undermines trust in governance and raises significant concerns about the future of citizenship and identity in Assam.

The broader implications of these issues extend beyond individual hardships. They call into question the very foundations of democracy and the principles of justice and equality that underpin it. As affected individuals continue to fight for their rights and recognition, they advocate not only for themselves but also for a more inclusive and transparent system that respects the dignity of all citizens.

In this context, accountability from the state becomes essential. Advocacy groups, including CJP, emphasise the need for comprehensive policies that address the injustices faced by those affected by the NRC process. They argue that it is crucial for the government to not only unlock biometrics but also provide compensation for the suffering endured by individuals and families during these tumultuous years.

As Assam navigates this complex landscape, the road ahead will require a concerted effort from all stakeholders—government officials, civil society, and the public—to ensure that the rights and dignity of every citizen are upheld. Only through collective action and a commitment to justice can the state begin to heal from the wounds of this prolonged crisis, paving the way for a more equitable future for all.