• Registration for NCR upgradation in Assam

Respected Sir,

I migrated from Nepal to India with my father at a very young age (DOB-February 1956) during 1960’s. I lost my parents afterwards in Assam in 1969 and earned a very basic livelihood. Later I married an Indian Bengali girl Resident of West Bengal and have 2 Kids too (married to Assamese girl & Punjabi Girl). It’s almost 35 years to our marriage. I don't know any whereabouts of my Nepali origin nor do I have any official records about my origin.

I have grown up throughout in India and my children’s in Assam. I gave them a normal life with my hard labor. I have been voting in Assam since marriage in 1980 in Guwahati and my family name is also in the Voter's list. I Hold Ration Card, Pan Card, Gas Book, Passport, Driving license, Bank Accounts, Properties Papers, all issued in Guwahati, Assam after 1972 only. But I don't have any official documentary proof for staying in Assam prior to 1972.

Recently Assam Govt. has decided to update its National Registrar of Citizenship (NRC) and due to which they asking for any parental or ancestral documents for residing in India or proof of nativity before 24th March 1971. Sadly I don't have any records. So I am not being able to register my name for NRC up gradation, failing to which I may be considered an illegal foreign immigrants and may be curtailed from my Indian Citizenship Rights.

I am in great anxiety about the situation and future now, I don’t know about the outcomes if I am not able to qualify for registration in NCR up gradation. Also I have already used my Indian Passport registered in Guwahati for foreign tours for which I may be punished for illegal Passport too. The property in my name is safe or it will be treated illegal too? My Family will be considered as illegal migrants or permanent residence of Assam?

I am not any illegal citizen as I have lived throughout my life in India with my family. Neither I have information about parent’s existence nor do I remember any chronicle before 1972. NCR Help desk or official persons are not aware of any results or guidelines. So how can I overcome this legal hurdle? Please help me and advice, how can I safeguard my legal Citizenship Existence? 
Asked 1 year ago in Constitutional Law from india, Assam
it is not necessary that every person has required documents. consult with concerned authority. it may be possible that any proviso is made in this respect. in the law of equity if any person has been living since childhood then it is presumed that he is the legal immigrant. so first take details from concerned authority.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1) The NRC will be updated as per the provisions of The Citizenship Act, 1955 and The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. As per the two statutes, the citizenship status would be ascertained based on the NRC, 1951, Electoral Rolls up to the midnight of 24th March, 1971 and in their absence the admissible   documents of Pre-1971 period.

2) in your case since your name is not appearing on the electoral roll of 1971or any of the admissible documents  you would be an illegal immigrant 

3)Quoting of names of self or parents or ancestors appearing in NRC 1951 or electoral roll 1971  shall be important to support the claim for inclusion in updated NRC while submitting the Application Form to be distributed house to house shortly. 

4)if you have any of the following documents your name can registered in NRC 

Here is the list of documents admissible for inclusion in NRC
3	Land records including tenancy records of relevant period up to midnight of 24th March, 1971
4	Citizenship Certificate issued by competent authority up to midnight of 24th March, 1971
5	Permanent Residential Certificate issued from outside the State up to midnight of 24th March, 1971
6	Refugee registration certificate issued up to midnight of 24th March, 1971
7
Passport issued by the Government of India up to midnight of 24th March, 1971
8
Insurance policy (LICI) of relevant period up to midnight of 24th March, 1971
9	Any license/certificate issued by the any Government authority of relevant period up to midnight of 24th March, 1971
10
Document showing service/employment under Government/Public sector undertaking up to midnight of 24th March, 1971
11	Bank/Post office Accounts of relevant period up to midnight of 24th March, 1971
12	Birth certificates issued by the competent authority up to midnight of 24th March, 1971
13	Educational certificate issued by Board/Universities up to midnight of 24th March, 1971
14	Records/ processes pertaining to court up to midnight of 24th March, 1971
The documents placed below are only supporting documents :

15.1

Certificate issued by the Secretary of the Village Panchayat countersigned by the local Revenue official in respect of females from rural areas who have migrated to other.
15.2	Certificate issued by Circle Officer in respect of females who have migrated from an urban area after marriage.
16	Ration Cards issued by competent authority with official seal and signature up to 24th March, 1971(midnight).


5) The applicant must submit the admissible documents available with them. In case the applicant had lost or misplaced the documents required, they may approach the office from which the documents were issued for obtaining duplicate/certified copies.


6) if you dont have legal data or admissible documents your name wont be updated in NRC  in Assam
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
1. You must note that your right to be a citizen of Indian does not flow out of the NCR law which has been passed in Assam. 

2. As of now the government has only introduced the concept of NCR. Once it is put in effect then you can challenge the law in the court which can strike it down.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0

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