The family submitted the necessary documents when the process for National Register of Citizens (NRC) began. However, earlier this year they were sent a notice by the Foreigner’s Tribunal.

Editor's Note: Of the 4 million who didn't make it to NRC, 2.48 lakh have been marked as 'D' voters. The Supreme Court has asked Assam government not to take any coercive action on those who are found to be without proper documents as required under recent National Register of Citizens. NRC, a product of Assam Accord, is expected to solve the fear of Bangladeshi immigrants that has been prevalent in the state for quite some time now. The Centre proposed in 1999 an updated NRC in Assam to solve the problem of "illegal immigration" and two pilot projects were conducted in Dhubri and Barpeta districts. But breaking out of a riot in Barpeta grounded the project. In 2005, when All Assam Student Union opposed the prime minister's visit to the state, tripartite talk between AASU, State government, and the Centre resulted in a decision to prepare a model for the NRC process, which was delayed yet again by over 5 years by the state government. It was only when Abhijeet Sharma of Assam Public Works (APW), an NGO, filed a writ petition in 2009 that the SC's direct intervention led to the start of NRC process in 2014. Firstpost will run a series which will feature 30 profiles in 30 days of those residents of Assam who have not been covered under the final draft of NRC which will decide if they continue to live in the state that they call 'home'.

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Cachar: "I need help to go to toilet, need support even to eat food, but nobody can help me in the jail. I pray to God never send an old man to jail. I hope I die before being sent there again," says Chandradhar Das, the 'suspected foreigner' in Assam's Cachar district, who has seen a hundred summers and a couple more. After spending nearly three months in a detention camp earlier this year, the 102-year-old man has, now, been asked to appear before the Foreigners Tribunal on 14 August to prove his citizenship, yet again.

In a shaky voice, Das says: "It is true I was in jail, but the officers and inmates treated me well. The judge used to call me 'Sadhu Baba' during hearing. Other officers used that name too. But the room in the jail is not good for an old man like me."

"It is unfair that he is being forced to travel so much when the judiciary knows that my father has valid documents to prove his identity. I am afraid we may lose him one of these days," says his daughter, Niyoti Roy, adding that Chandradhar should not be treated like this. "His health deteriorates every time we come back from court, mostly due to the pressure of the journey." Niyoti, who is separated from her husband, along with her brother Gouranga take care of their ailing father and mother, Adorini Das, who is bed-ridden as well. Gouranga's wife and children live nearby in the same village. Rest of the family found their names in the final draft list of National Register of Citizens (NRC).

On 2 January, Chandradhar, a resident of Borai Basti under Dholai constituency in the Amraghat area, was declared a foreigner by an ex parte judgment of the tribunal when he could not appear before the court due to his frail health.

He was put in the detention camp on 31 March after he failed to appear before the tribunal court and furnish the required documents to prove his Indian citizenship. However, his family claims Chandradhar had the necessary documents — including a 1966 citizenship card.

The old man spent nearly three months in the detention camp inside Silchar Central Jail before being moved to Silchar Medical College owing to his deteriorating health. Though he was later granted bail on humanitarian grounds, Chandradhar was asked to appear before a tribunal court at least "six to seven times", said Niyoti. Miserable condition of roads make the 40-km journey to the court even more arduous for the old man and his family.

Chandradhar's daughter feels it is inhumane to call an ailing old man repeatedly. "In FT-6, where the case is underway, there is no government lawyer. The member (judge) keeps taking leaves and as a result, we suffer. My father is not healthy enough to travel 80 kilometers twice a month or more. We are not financially strong enough to book a car for him every time. So, we have to resort to public transport to reach the court in Silchar," she says explaining their ordeal.

"My father is not able to speak well now but he was a fighter throughout his life. He left Bangladesh in mid-1950’s due to the continuous threat from the majority community. He was a vendor back then and was not allowed to work," Niyoti said. "He entered India through Tripura and started working as a daily wage labourer in Teliamura area. He got married and my elder brother was born there but soon local indigenous militants started creating problems for him. They burnt our house down and threatened to kill our family members. My father thought Barak Valley would be a safer place as it is one of the few Bengali-dominated areas in North East."

Niyoti also recalled how the family lived in Amraghat peacefully for over four decades. "We were never served the D-voter notice or had our identities questioned. My parents voted in all the elections and so did we," she said, adding that the family submitted the necessary documents when the process for NRC began. However, earlier this year they were sent a notice by the Foreigner’s Tribunal.

"The court ordered my father to appear before the tribunal and prove his identity. My father wanted to but his health condition didn’t allow him. My mother, who is around 80-year-old, is also bed-ridden and we failed to realise that ignoring court's order may lead to his arrest," said Niyoti, highlighting the plight of several others in Assam who are yet to understand all the legal aspects of the NRC process.

"India is a country where we consider humanity to be the biggest law. My father is a loyal Indian citizen and he doesn't have any criminal record. How can he be taken from his home in this old age and thrown behind bars?" asked the daughter. The exasperation in her voice is hard to miss. “We saw our father being arrested in an age when one needs medical assistance.

Be it ministers, officials or other influential people, the family knocked on every door to get help for their father. "In the end, we appealed to the Deputy Commissioner of our district, Dr S Lakshmanan, to grant bail to my father on humanitarian grounds," Their fight, however, is far from over.

"They are aware that my father is ill. Yet they say that there is no other option and he has to come to FT-6 till the case is resolved. We don't want to disobey the judicial system and so we convince our father to travel on every date. But we are afraid that one day, we will bring his dead body back home. Now, even I want him to go. At least, this humiliation will stop," Niyoti said, all the while fighting back tears.

Several Barak Valley-based organisations — including Unconditional Citizenship Demand Forum (UCDF) — came forward to support the family. "We cannot decide whether Das is an Indian or an illegal migrant. But he is a 102-year-old sick man who doesn’t deserve such humiliation," said Kamal Chakraborty, a UCDF member. He claims many from the economically weaker sections are serving imprisonment in such detention camps across Assam after being declared ex parte foreigner as they cannot hire lawyers. "Some of them get legal support from government organisations but many are still left out. Unfortunately, our system shows less humanity towards the suspected and declared foreigners."

Chandradhar's lawyer Soumen Choudhury believes that 14 August will be the final appearance and the court will give its verdict in his favour. “We are optimistic that he will be freed from charges of D-voter on that day. He has suffered a lot but the court is dealing with the matter more from a humanitarian perspective."

The author is a Silchar-based freelance writer and a member of 101Reporters.com, a pan-India network of grassroots reporters