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Picture Courtesy: https://www.indiatodayne.in/assam/story/himanta-biswa-sarma-12-lakh-d-voters-identified-41583-declared-foreigners-1081152-2024-08-28

 

Context:

The Chief Minister of Assam announced 1.2 lakh 'D' voters, with 41,583 declared foreigners, as part of a contentious electoral and legal process.

About D voters

• The concept of 'D' (Dubious or Doubtful) voters is a unique and complex issue in Assam, deeply tied to the state’s history of migration and citizenship disputes.
  • • The influx of people from neighbouring Bangladesh has long been a point of conflict, leading to fears about cultural and economic dilution.
• In Assam, the term 'D' voter stands for those whose Indian citizenship is under question.
• This system was introduced in 1997 by the Election Commission of India as part of efforts to ensure that only eligible citizens are listed on the electoral rolls.

The term 'Doubtful voter' is not explicitly defined in the Citizenship Act of 1955 or the Citizenship Rules of 2003, it represents individuals whose citizenship status could not be verified during the preparation of the National Register of Citizens (NRC).

Citizenship Verification Process

• Notification and Opportunity to Be Heard:
  • • Individuals marked as 'D' voters are notified and given a chance to present their case before a Taluk or Sub-district Registrar of Citizenship.
    • They have 90 days to make their case.
• Temporary Status:
  • • Being marked as a 'D' voter is a temporary measure.
    • The status is not meant to be indefinite, and a definitive decision must be made within a set period.
• Voting Rights:
  • • While classified as 'D' voters, individuals cannot vote in elections or run for office.
    • This status affects their political participation until their citizenship is confirmed.
• Deportation and Detention:
  • • If it is determined that a 'D' voter is a foreign national or illegal immigrant, they may be deported or placed in a detention centre, now known as a transit camp.
• Inclusion in NRC:
  • • Those who are confirmed as Indian citizens can apply to have their names included in the NRC.
    • This inclusion requires clearance from foreign tribunals and removal from the 'D' category.

About Foreigners Tribunals

• Foreigners Tribunals (FTs) are quasi-judicial bodies established under the Foreigners (Tribunals) Order of 1964.
• Their primary function is to adjudicate cases where individuals are suspected of being foreigners.

Functions and Powers

• Judicial Authority:
  • • Each FT is headed by a member with judicial experience, including judges, advocates, or civil servants.
    • They have the powers of a civil court, which include summoning witnesses, examining evidence, and requiring document production.
• Case Resolution:
  • • FTs are required to dispose of cases within 60 days of referral.
    • If an individual cannot provide sufficient proof of citizenship, the FT can order their detention in a transit camp, pending deportation.

Way Forward

The D-Voter concept highlights the complexities of citizenship in Assam, reflecting broader themes of identity, migration, and national belonging. As the state continues to navigate these challenges, it is crucial to ensure that processes surrounding citizenship verification are fair, transparent, and respectful of human rights.

Source:

INDIA  TODAY

Indian Express

The Hindu

PRACTICE QUESTION Q. Which of the following criteria can lead to an individual being classified as a D-voter? 1. Failure to produce valid identification 2. Inability to prove Indian nationality 3. Criminal record 4. Absence during electoral verification Select the correct answer using the codes given below: A) 1 and 2 only B) 2 and 4 only C) 1, 3 and 4 only D) 1, 2, 3 and 4   Answer: A Explanation: Statement 1 is correct: This is a valid criterion for being classified as a D-voter. If an individual cannot provide the necessary documentation to verify their identity or citizenship during the electoral process, they may be marked as a D-voter. Statement 2 is correct: This is the primary reason for being classified as a D-voter. If an individual fails to demonstrate that they are Indian citizens, they are at risk of being marked as a D-voter. This classification arises when the authorities doubt their nationality. Statement 3 is incorrect: While having a criminal record can have implications for an individual’s rights and status in certain contexts, it is not a direct criterion for being classified as a D-voter. D-voter status is primarily concerned with nationality and identity, not criminal background. Statement 4 is incorrect: While being absent during the verification process could raise questions about an individual's status, it is not a formal criterion for classification as a D-voter. The classification focuses more on the inability to provide adequate proof of identity or citizenship.