After the heated debate on SIR in Bengal and Bihar, most Indians were watching the process with deep apprehension. In such a situation, as soon as the third phase of SIR begins, the contradictory statements of the government regarding proof of citizenship have further increased the confusion. Recently the Ministry of External Affairs said that under the Citizenship Act of 1955, passport is not a legal document of one’s citizenship. According to the Passport Act of 1967, it is merely a travel document, the purpose of which is to facilitate international travel. Shocked by this statement, lakhs of countrymen expressed their displeasure and disbelief on social media and demanded the government to clarify that if not passport, then which document is the conclusive proof of citizenship? The Election Commission only increased the confusion. Commission officials told a news agency that the passport will remain among the 12 supporting documents that voters can use to be included in the electoral roll during the SIR process. Now since only legal citizens have the right to vote, this claim of the Commission is bound to raise a fair question. When the Ministry of External Affairs has recently said that passport is not a ‘conclusive and independent proof’ of citizenship, then how can the Election Commission accept it for enrollment in the electoral roll? On one hand, passport holders are worried about the value of that booklet, which they had been considering as the final proof of their Indian citizenship for a long time, while on the other hand, the Home Ministry is sitting silent. The Home Ministry is the nodal ministry of the Citizenship Act that regulates the provisions for obtaining, determining and canceling Indian citizenship. But he is avoiding interfering in the ongoing debate on this issue. Arguably, citizenship is a legal subject. But beyond the nuances of the law, it is also a question of public trust in the many documents we hold with us as Indians. For years, passport-holders relied on this little navy blue booklet as conclusive proof of their citizenship. Ultimately, the government also issues this booklet only when it is completely satisfied that the applicant is an Indian citizen and eligible to hold a passport. Police verification is also done for this. But this confidence was probably misplaced. We know that PAN card is for taxation. Driving license gives permission to drive a vehicle. Aadhaar card is a proof of identity and residence, which is required to open a bank account. It also has to be linked to the PAN card, so that we can pay taxes. We also know that we can vote with Voter ID card. At the same time, we always kept thinking that passport is the proof of citizenship in the country and abroad. If it is not so, then what is the document proving citizenship? In the press release issued by the government in 2019, it was also said that ‘Citizenship can be proved by presenting any document related to date of birth and place of birth. However, a decision regarding such documents is yet to be taken. When the government itself is confused about such a document, then whom should we look to? The problem also exists in the civil registration system. Millions of Indians do not have birth certificates because birth registration became mandatory after 1970. Apart from this, people’s names are often different in school certificates, land documents and even voter lists. When citizenship becomes the subject of legal scrutiny, discrepancies in documents create major difficulties. Under the Citizenship Act of 1955, it is considered that any person born in India after 1950 is a citizen here. Most of us never imagined that we would have to struggle to prove that we are Indian citizens. (These are the author’s own views)
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Aarti Jerath’s Column: What is the document that proves citizenship?
