Amid ongoing protests, RGI says Census DATA Confidential

The census will have its reference date as March 1, 2021, but for Jammu and Kashmir, Himachal Pradesh and Uttarakhand it will be October 1, 2020

NEW DELHI: Amid the ongoing row over the NPR exercise, the government on Tuesday asserted that census data is confidential and guaranteed under the law and those violating it will be punished. In a series of tweets, the Registrar General and Census Commissioner of India (RGI) also said the 2021 would be the first ever census to be conducted with a mixed mode approach — a mobile app (created inhouse by RGI office).

“While confidentiality about your data is guaranteed by Census Act, 1948; the same law specifies penalty for BOTH public AND census officials for non-compliance or violation of any provision of the Act,” the RGI said.

The National Population Register (NPR) exercise will be carried out along with the house listing phase of the census.

During the census exercise, there will be facility for online self enumeration for the public during population enumeration phase.

“The Indian census is the largest administrative and statistical exercise in the world, with more than 30 lakh functionaries, and at the cost of about 8700 crore rupees,” another tweet by RGI said.

The house listing phase of the Census 2021 will be carried out from April 1 to September 30, 2020.

The census will have its reference date as March 1, 2021, but for snowbound Jammu and Kashmir, Himachal Pradesh and Uttarakhand it will be October 1, 2020.

A few state governments have declared that they will not participate in the NPR exercise now alleging it is a prelude to a countrywide National Register of Citizens.

Assemblies of Kerala and Punjab have adopted resolutions announcing their opposition to the exercise.

NEW DELHI: Amid the ongoing row over the NPR exercise, the government on Tuesday asserted that census data is confidential and guaranteed under the law and those violating it will be punished. In a series of tweets, the Registrar General and Census Commissioner of India (RGI) also said the 2021 would be the first ever census to be conducted with a mixed mode approach - a mobile app (created in-house by RGI office).

“While confidentiality about your data is guaranteed by Census Act, 1948; the same law specifies penalty for BOTH public AND census officials for noncompliance or violation of any provision of the Act,” the RGI said. The National Population Register (NPR) exercise will be carried out along with the house listing phase of the census.

During the census exercise, there will be facility for online self enumeration for the public during population enumeration phase.

“The Indian census is the largest administrative and statistical exercise in the world, with more than 30 lakh functionaries, and at the cost of about 8700 crore rupees,” another tweet by RGI said. The house listing phase of the Census 2021 will be carried out from April 1 to September 30, 2020. The census will have its reference date as March 1, 2021, but for snowbound Jammu and Kashmir, Himachal Pradesh and Uttarakhand it will be October 1, 2020. A few state governments have declared that they will not participate in the NPR exercise now alleging it is a prelude to a countrywide National Register of Citizens.

Assemblies of Kerala and Punjab have adopted resolutions announcing their opposition to the exercise.

Last week, at a meeting convened by the Union Home Ministry to discuss the modalities to be adopted during the house listing phase of the Census 2021 and the NPR, a few non-bjpruled states raised objections over the new methodology to be adopted in the NPR exercise.

However, the central government defended the steps saying certain responses to be given by people are not mandatory but voluntary. Rajasthan Chief Secretary D B Gupta had said he and the representatives of a few other states raised objections to a few questions to be asked by enumerators to people during the NPR exercise.

“We said certain questions in NPR are impractical, like those related to the birthplace of parents. There are many people in the country who don't know their birth place. I don't know what is the purpose of such questions and we have told the meeting to remove such questions,” Gupta had said.

The notification for the house listing census and NPR exercise came recently amid furore over the contentious Citizenship Amendment Act (CAA). The home ministry officials said most of the states have notified provisions related to the NPR.

The NPR is a register of usual residents of the country. It is being prepared at the local (village/sub-town), subdistrict, district, state and national levels under provisions of the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

The rules have a provision for fine of up to Rs 1,000 on those violating it.

The data for NPR was last collected in 2010 along with the house listing phase of the Census 2011. Updating of this data was done during 2015 by conducting door to door survey.

While updating the register in 2015, the government had asked details like Aadhaar and their mobile number.

This time, the information related to their driving licence and voter ID card may also be gathered, the officials said, adding that PAN card details will not be collected as part of this exercise.

For the purposes of the NPR, a usual resident is defined as a person who has resided in a local area for the past six months or more, or a person who intends to reside in that area for the next six months.

The law compulsorily seeks to register every citizen of India and issue a national identity card.

Assam has been excluded because the National Register of Citizens exercise has already been conducted in the state.

The demographic details of every individual are required for every usual resident: name, relationship to head of household, father's name, mother's name, spouse's name (if married), sex, date of birth, marital status, place of birth, nationality (as declared), present address of usual residence, duration of stay at present address, permanent residential address, occupation, educational qualification.

The Union Cabinet has approved Rs 3,941.35 crore for the NPR exercise.

NEW DELHI: Article 370 of the Constitution was the only "tunnel of light" which maintained the relationship between the Centre and the erstwhile state of Jammu and Kashmir, the Supreme Court was told on Tuesday.

Petitioners challenging the Centre's decision taken on August 5 last year to abrogate provisions of Article 370 contended that the Constitution of Jammu and Kashmir cannot be repealed in exercise of powers under the Article, which gave special status to erstwhile state.

A five-judge bench headed by Justice N V Ramana, was told by senior advocate Dinesh Dwivedi, appearing for an intervenor, Prem Shankar Jha, that the issue needs to be referred to a larger bench as there is a dispute between two judgements of a five-judge bench which dealt with provisions of Article 370.

Besides challenging the Centre's decision to abrogate provisions of Article 370, Jha has sought reference of the issue to a larger bench of seven judges for definite adjudication.

The bench, also comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, B R Gavai and Surya Kant, said it would first hear the submissions on reference and then would take a call on whether to refer the issue to a larger bench.

Dwivedi said the two judgements of the five-judge bench of the apex court in 1959 in Prem Nath Kaul versus Jammu and Kashmir and in 1970 in Sampat

Prakash versus Jammu and Kashmir, which dealt with the issue of Article 370, were in conflict with each other.

Dealing with the Presidential orders of August 5, last year, Dwivedi said due to these orders issued under Article 370 (1) and (3), all provisions of the Indian Constitution have been applied to Jammu and Kashmir.

"This virtually abolishes the Constitution of Jammu and Kashmir. It's a case of implied repeal where a Constitution has been repealed by an executive exercise of powers," he argued.

Dwivedi said, "Article 370 was the only tunnel of light connecting the Centre to erstwhile state of Jammu and Kashmir. The Article 370 required that action of government of India should have concurrence of Jammu and Kashmir constituent assembly, which was dissolved in 1957 after framing the Constitution of Jammu and Kashmir".

The senior lawyer said the Constitution of Jammu and Kashmir was not created under the Constitution of India or Article 370 and therefore J&K constitution cannot be repealed in exercise of powers under Article 370.

"On August 5, 2019, the power under Article 370 (1) (d) could only be exercised in compliance with Article 370(2), which was impossible in absence of Constituent Assembly of J&K. The power to issue such Presidential Order under Article 370(1)(d) could not be exercised by the President with the concurrence advise of the Governor only," he said.

Dwivedi said the substitution of "legislative assembly of the state" for "Constituent Assembly" with the concurrence of the state government or governor is void.

"Besides, one has to keep in mind that this legislative assembly is one which is a creature of the Constitution of Jammu and Kashmir and not the Constitution of India where governor cannot be substitute," he said.

The senior lawyer said the sole object of Article 370 was to ensure that people of Kashmir have a say in their own governance through their own Constitution but this guarantee has been wiped out after the entire Constitution of India is made applicable in the erstwhile state.

"Article 370 was temporary and was to cease after the enactment of the Constitution of Jammu and Kashmir. Thereafter, the governing relationship between Union and the State was to be regulated by the Constitution of Jammu and Kashmir," he added.

Dwivedi concluded his arguments after which senior advocate Sanjay Parikh, appearing for NGO People's Union for Civil Liberties, commenced his submission and also sought reference of the issue to a larger bench. The hearing remained inconclusive and would continue on Wednesday.

On December 12, the top court had said it may consider the question of referring the issue of challenge to the abrogation of provisions of Article 370 to a larger seven-judge bench after hearing the preliminary submission of all the parties.