A. T HE R IGHT TO NAT IONALIT Y FOR EV E RY INDIV IDUAL
deportation.59 Therefore, the deprivation exercise in Assam is
arbitrary and unlawful.
Secondly, the nationality deprivation exercise must satisfy
the international law principle of proportionality. This principle
is paramount in all cases of deprivation of nationality.60 It requires
the State in question ‘to carry out an individual assessment to
determine, inter alia, that the immediate and long-term impact
of deprivation of nationality on the rights of the individual, their
family, and on society is proportionate to the legitimate purpose
being pursued’.61 The state must also make sure that the
deprivation of nationality is the ‘least intrusive means of achieving
the stated legitimate purpose’.62 The Supreme Court of India has
asserted the proportionality principle in assessing state actions
that infringe fundamental rights.63 Furthermore, prohibitions
against arbitrary restrictions on individuals’ liberty and rights
are found in Articles 9 and 13 of the UDHR, and Article 12 of the
ICCPR. Indian citizenship law adds another balancing factor that
no deprivation shall occur if it is not conducive to ‘public good’
[↘].64
The precarious citizens in Assam are Indian nationals
who do not have any other proven nationality. The citizenship
deprivation processes are fundamentally disproportionate since
they will put them at the risk of statelessness. The precarious
citizens are also facing a threat to their rights to legal personhood,
dignity, and privacy, owing to their present state of limbo. They
are being detained and separated from their children, partners
59 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. See also Ministry of Home Affairs, Lok Sabha Unstarred Question No. 1680 (2019) <https://
www.mha.gov.in/MHA1/Par2017/pdfs/par2019-pdfs/ls-02072019/1680.pdf> accessed 20 August 2020.
60 Institute on Statelessness and Inclusion, ‘Draft Commentary to the Principles on Deprivation of
Nationality’ (n 35) 58.
61 ibid.
62 ibid.
63
K S Puttaswamy v Union of India (2017) 10 SCC 1 (Right to Privacy case); Modern Dental College and
Research Centre & Ors v State of M.P. & Ors (2016) Civil Appeal No. 4060 of 2009 (Supreme Court of
India).
64 The Citizenship Act 1955, s 10(3).
chapter i • status
57
SECTION I.A.3.2
see Section I.B.2 (Chapter I),
pg 69