Even after 78 years of independence and numerous promises of development made during each flag hoisting ceremony, along with billions spent on establishing the so-called digital hub of the new India, an Indian citizen finds himself powerless with his identity cards. In line with the Supreme Court's previous caution, the Bombay High Court has dispelled the illusion that Aadhaar, PAN, and Voter ID, often regarded as sacred identity tokens, are not proof of citizenship, labeling it a deception that reveals the bureaucracy's hold over the country's 950 million voters. The documents once deemed certificates have abruptly been rendered meaningless. This situation raises a sharp question: if these cards do not confirm our citizenship, then what does? Furthermore, if the state fails to address this question, what should we do with this nation we have long considered our own?
The decision of the Bombay High Court is like a thunderbolt for Babu Abdul Rauf Sardar, who was not granted bail by the court. It is alleged that this person, who came to India illegally from Bangladesh, made fake certificates related to Indian citizenship here. Justice Amit Borkar's comment in the court was clear and straightforward that 'one does not become a citizen of this country just by having Aadhaar, PAN and voter certificates.' He also said that these documents are certificates for getting employment, they do not prove citizenship under the Citizenship Act, 1955. On the same day, the Supreme Court supported the Election Commission of India in another case and said that Aadhaar cannot be a conclusive proof of citizenship. The strictness of the courts on infiltration is understandable, but can government agencies also implement court orders without thinking on those who were born in undivided India and who chose independent India as their residence?
What about individuals born in independent India? This raises a crucial question: where can one obtain proof of Indian citizenship? The Register of Citizens (ROC) has not been updated since 2011 because of bureaucratic disputes. The ROC is likely the only dependable document created by government authorities every ten years. Currently, the Election Commission has established its own system for granting citizenship, requiring 11 documents from citizens who wish to vote.
The Election Commission now requires birth certificate, matriculation certificate, permanent residence certificate, marriage certificate and parents' birth certificates. It is surprising that Aadhaar, PAN and the Election Commission photo certificate are not effective proof of citizenship. There is no coherent answer as to why this is so. The Commission needs to be reminded that only 2.5 per cent of Indians have passports and a mere 14.71 per cent of Indians have matriculation certificates. It is difficult to estimate how many Indians will have birth certificates. The data presented by the Election Commission in the court also shows that most Indians do not have these documents.
The government has spent Rs 12,000 crore on Aadhaar till 2023. It was claimed that this document will be useful for opening a bank account, paying taxes, property transactions and entry into sensitive places like airports. It is mandatory for buying a car, renting a house and filing taxes, but it does not prove citizenship. Election Commission says that Aadhaar is not enough to register name in the voter list, the same government which had called Aadhaar the biggest proof of our existence, now shrugs its shoulders and says, 'Sorry, this is not for proving citizenship'. The voter ID card issued by the Election Commission has been considered proof of voting for decades, but now the Commission is finding its own voter list to be wrong, because it also contains the names of illegal intruders. Why has no concrete initiative been taken till now in the direction of secure citizenship certificate, like the Social Security Number in America or the National Insurance Number in Britain? Advocate Saurav Agarwal's comment on the Bombay High Court's decision is poignant, 'The time has come for the government and the judiciary to provide documents related to proof of citizenship. It is surprising that the government had to make so much effort in the Supreme Court to justify Aadhaar and after violating the right to privacy of the people, Aadhaar is now being described as a piece of paper.'
Undoubtedly, the nation requires a universal citizen card, serving as proof of identity, citizenship, and voting rights. It's unacceptable that the identities of 950 million voters are in question. Seventy-eight years post-independence, India is still attempting to define its citizens, which is not only absurd but also an affront to democracy. Am I an Indian citizen? Despite having Aadhaar, PAN, and voter ID cards, because I was born outside the current borders of this country, in what is now Pakistan, and since my parents' documents have been lost over time, the courts may deem me nameless and stateless unless I provide sufficient evidence. This issue is not solely mine; it is a widespread problem, a bureaucratic process that serves no real purpose and lacks empathy. In this context, identity has become an interrogation.
The government must break the silence and end the atmosphere of suspicion once and for all. It must create a sovereign card that is proof of citizenship. In such a situation, crores of Indians in this country will hold on to their identity cards until they are told that these are nothing but pieces of plastic. Who is an Indian, even after 78 years of independence, the answer to this is still in the air, obviously, the harshest truth is in front of us, right now I am a voter but what can I say about the future?