In Bihar, a Saas-Bahu From Nepal Face an SIR Dilemma

Araria (Bihar): Arun Paswan (name changed) remembers exactly how many years have elapsed since he married Yamuna Devi (name changed): 33 years, 1 month, 16 days. His wife beams with pleasure. Not many men would keep a mental count of exactly how many days they’ve spent with their wife.

In 1992 Arun’s family, who belongs to Araria in North Bihar, arranged his marriage to a woman whose family lived across the border in Nepal. Both families belong to the Paswan community, classified as Scheduled Caste (SC) in Bihar.

Marriages have been taking place across the India-Nepal border for years, since there is a ‘roti-beti’ relationship between Madhesis and Biharis. Moreover, marital unions between non-upper caste communities in both nations are common since people cross the border in search of employment.

Yamuna Devi settled in India at her husband’s home and together they had four children. In 2005 she got her EPIC card that allowed her to vote in India. She claims her name is present in the 2003 electoral list, which is the cut off for proving citizenship under the Special Intensive Revision (SIR). Moreover, when Yamuna filled in her enumeration form she provided an extract of the 2003 roll and listed her parents' names, but not their EPIC numbers since they are Nepali citizens.

She also didn't tick any of the boxes in the declaration asking if she was born in India before 1987, between 1987-2004 or after. For all practical purposes, Manju has been living as an Indian citizen all these years, voting, drawing rations and participating in community life in her village in Araria district.

Uncertainty over fate of Nepali women married in India

In April 2025 the couples’s youngest son Rahul (name changed), who was visiting his grandparents in Nepal, fell in love with a Nepali woman, Kavita (name changed). The young couple eloped to India, where they had a marriage consecrated at a temple. Kavita’s parents in Nepal weren't happy, but Arun and Yamuna accepted the new daughter-in-law and invited the young couple to live with them.

Since Kavita arrived in India just three months ago, she has no Indian papers, which is fine, since the India-Nepal friendship treaty allows citizens of both countries to enter and live in each other’s territory with minimal documents.

However, when the SIR process began in July Kavita was in a fix since she had no documents to attach. She couldn't even list her parents’ name on the form since they have cut themselves off from her. To make matters more complicated, her grandmother is an Indian who married a Nepali man and settled in Nepal.

Both Saas and Bahu (mother-in-law and daughter-in-law) now face uncertainty. While Yamuna Devi has Indian government issued documents, she is perplexed about the citizenship question. Nepalis who have married and settled in India have not had to grapple with the question of which country to profess allegiance to, since marital unions have been happening for generations before international borders were formalised.

One of the reasons given for preparing the electoral roll anew in Bihar was the alleged presence of undocumented migrants, especially ‘Bangladeshi’ and ‘Myanmarese’ migrants. Bihar does not share a border with either nation, but it does with Nepal. And there are many Nepali women married into Indian families and vice versa. What happens to them? As Hindu immigrants it could be argued that they may be marginally less vulnerable than Muslim ones or Indian Muslims who may be in danger of being labelled as illegal migrants.

Arun bought one tenth of an acre of land in his village with Rs. 5 lakh of his own money and applied under the Indira Awas scheme for a home. The money was sanctioned in 2022 and he built a house soon after. One of the 11 documents in the SIR that voters have to provide is government issued land/flat papers. In Arjun’s case his land documents are ineligible, but the Indira Awas papers are.

In a telephone interview on August 4, Arun's son Rahul said that he did not know if his or his parents’ names were on Bihar’s draft electoral roll. However a conversation with their ward councillor – Ranjit Prashad –revealed some sketchy details. Arun and Yamuna’s names are on the draft roll, but not Kavita’s, as expected.

Not clear if their names will remain or be cut in the final electoral roll on September 1

Moreover it is not clear if their names will remain or be cut in the final electoral roll on September 1. Prashad is collecting the names of people in his ward who have been excluded and telling them to file their claims by contacting their booth level officers (BLOs). The Paswan community’s vote is crucial, and no one should be left out, Prashad said over phone.

A press release from the Election Commission of India on August 3 states that “no name can be deleted from the draft list published on August 1 2025 without passing a speaking order by the ERO/AERO after conducting an enquiry and after giving a fair and reasonable opportunity.”

The Citizenship Act, 1955 has a provision where a person married to an Indian citizen can apply for Indian citizenship via registration, provided they have been resident in India for seven years. Since India does not allow dual nationality a person desirous of becoming an Indian citizen will have to renounce their previous national allegiance.

In the case of Nepalis married in India, while it may be the case that many of them, while technically not Indian citizens, are all but citizens of India since they vote here, draw rations and have family in India. Many Nepalis and Indians may not even be aware of the process to acquire citizenship. However, Hindu Madhesis from Nepal may be less vulnerable than Muslims because of the Assam precedent.

Of the 19.6 lakh people excluded from the final draft of Assam’s NRC in 2019 it is estimated that nearly 70% are Hindus, an unexpected statistic that changed the political appetite for its implementation. Assam chief minister Himanta Biswa Sarma has questioned its legitimacy for excluding Hindus.

Nepalis residing in India are not undocumented immigrants as per the India-Nepal friendship treaty. However, they cannot vote unless they become citizens.

“Since the Election Commission has declared 2003 as the cutoff under the Bihar SIR, it is unlikely that Nepalis who have their names on the rolls prior to this date will be struck off the list,” said Mihir Desai, senior counsel practicing at the Bombay high court and Supreme Court of India. Besides, Dalits are a crucial votebank for political parties in Bihar.

As for the provision that only government issued land papers will be considered as proof of citizenship, there is a legal grey area here, according to Desai. All land – whether privately purchased, ancestral or otherwise – has to be registered with the revenue department, which issues receipts. It is unclear why this doesn't count.

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