I. Prohibition of Arbitrary
Detention of Stateless Persons
and Precarious Citizens
The Assam government is detaining precarious citizens in the
province to deport them to their alleged country of nationality.162
In pursuance of this objective, precarious citizens are detained
upon being declared as ‘foreigners’ by the FTs.163 The persons
excluded from the NRC facing the threat of arbitrary deprivation
of nationality also face the threat of detention. Precarious citizens
in Assam are Indian nationals and have the right to reside in
India. The alleged state of nationality i.e. Bangladesh also
maintains that they are not its nationals.164
This section assesses the legality of detention of precarious
citizens in Assam and stateless persons in India as per relevant
standards prescribed in international law. It first examines
whether such detention is arbitrary through the test of legitimate
purpose and proportionality, and then applies these standards to
assess the legality of indefinite detention.
162 Home and Political Department, Government of Assam, Foreigners’ Issue (White Paper, 2012) <https://
cjp.org.in/wp-content/uploads/2018/10/White-Paper-On-Foreigners-Issue-20-10-2012.pdf> accessed
24 May 2020.
163 ibid.
164 Shoaib Daniyal, ‘Bangladesh government expresses concerns over Assam’s NRC process for the first
time’ (Scroll.in, 18 July 2019) <https://scroll.in/latest/930979/bangladesh-government-expressesconcerns-over-assams-nrc-process-for-first-time> accessed 13 July 2020.
chapter ii • detention
103
SECTION I.
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