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Who is a D-Voter?

30-08-2024

10:54 AM

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1 min read
Who is a D-Voter? Blog Image

Overview:

Assam Chief Minister recently announced that nearly 1.2 lakh people in the state have been identified as 'D' (Dubious or Doubtful) voters, with 41,583 declared as foreigners.

About D-Voter:

  • The concept of D-Voter is unique to Assam, where migration and citizenship are among the biggest political fault lines.
  • It was introduced in Assam in 1997 by the Election Commission, targeting those who could not prove their Indian nationality. 
  • Those persons whose citizenship was doubtful or was under dispute were categorized as ‘D- Voters’ during the preparation of the National Register of Citizens in Assam.
  • ‘Doubtful voter’ or ‘doubtful citizenship’ have not been defined in the Citizenship Act, 1955, or the Citizenship Rules of 2003.
    • The Citizenship Rules, 2003, was framed under the provisions of the Citizenship (Amendment) Act, 2003.
    • The rules framed in 2003 list out the steps to be followed for the preparation of the National Population Register (NPR) and the National Register of Indian Citizens (NRIC).
    • Under subsection 4 of section 4 that deals with the preparation of NRIC, it has been only mentioned that details of individuals whose citizenship is doubtful will be entered by the Local Registrar with ‘appropriate remark in the population register for further enquiry’.
    • A family or individual is notified in a specific pro forma as soon as the verification process concludes whether they have been classified as a dubious citizen (D-Category).
    • Before deciding whether or not to add their name to the register, they are also given the opportunity to be heard by the Taluk, or Sub-district Registrar of Citizenship. The Registrar has ninety days to complete and justify his findings.
  • Because their Indian citizenship has not been verified, doubtful voters are not allowed to vote in elections.
  • They are also not permitted to run for officein the nation's elections.
  • The marking as doubtful voter is a temporary measure and cannot be prolonged. A decision in a definite period of time must be taken. 
    • According to the documentation provided, if it is determined that the individual is a foreign national or an illegal immigrant, they may be deported or placed in a detention centre.
  • D- Voters also have the option to apply and get their names included in NRC.
    • They will be included only after they get clearance from the Foreigners Tribunals and their names are removed from electoral rolls under the ‘D’ category.

Q1: What is a Foreigners Tribunal (FT)?

These are quasi-judicial bodies formed through the Foreigners (Tribunals) Order of 1964 under Section 3 of the Foreigners’ Act of 1946, to let local authorities in a State refer a person suspected to be a foreigner to tribunals. The FTs are currently exclusive to Assam as cases of “illegal immigrants” are dealt with according to the Foreigners’ Act in other States. Each FT is headed by a member drawn from judges, advocates, and civil servants with judicial experience. FT has the powers of a civil court in certain matters such as summoning and enforcing the attendance of any person and examining him or her on oath and requiring the production of any document.An FT has to dispose of a case within 60 days of reference. If the person fails to provide any proof of citizenship, the FT can send him or her to a detention center, now called transit camp, for deportation later.

Source: Himanta Biswa Sarma: 1.2 lakh 'D' voters identified, 41,583 declared foreigners