In a precedent-setting move, the Supreme Court of India intervened to safeguard the rights of children listed in the National Register of Citizens (NRC) for Assam. The court decreed that children, despite being left off the NRC final list, should not be separated from their parents, guardians, or caregivers named on the list. This order answers a plea asserting that leaving children out of the NRC final list, while including their parents, directly infringes upon constitutional and legal protections.
Understanding the Assam NRC
The National Register of Citizens (NRC) is essentially a list of Indian citizens residing in Assam. Its primary aim is to identify foreign nationals within the state. The initial NRC was prepared in 1951 after conducting the Census. It encompassed particulars of all individuals enumerated during the Census. A Supreme Court order issued in 2013 prompted an update of the register, necessitating approximately 33 million people in the state to confirm their Indian nationality before March 24, 1971. The revised final NRC, published on August 31, 2019, did not include over 1.9 million applicants.
Relevant Constitutional Provisions
Several pivotal constitutional provisions fall under this context. Article 15 (1) forbids the State from discriminating against any citizen based solely on religion, race, caste, sex, or birthplace. However, Article 15 (3) allows the State to make exceptional provisions for women and children. Articles 39(e), 39(f), and 45 focus on the protection, development, and education of children, emphasizing their right to a healthy upbringing, freedom, dignity, and protection against exploitation and abandonment. Article 47 instructs the State to enhance the standard of living, improve public health, and raise nutritional levels.
Table of Key Facts
| Fact | Description |
|---|---|
| NRC Initial Preparation | 1951 |
| Supreme Court Order for Update | 2013 |
| Final Updated NRC Release | August 31, 2019 |
| Total Applicants Not Included | Over 1.9 million |
The Juvenile Justice (Care and Protection of Children) Act, 2015
Enacted in 2015, the Juvenile Justice Act strengthens provisions for children requiring care and protection and those in conflict with the law. It mandates that each district forms one or more Child Welfare Committees to exercise the powers conferred upon them concerning children needing care and protection. This move by the Supreme Court aligns with the spirit of these constitutional provisions and the Juvenile Justice Act, ensuring that children are not unjustly penalized or unnecessarily separated from their families due to NRC complications.
