62
SECTION I.A.3.3
participation and their entitlements to social protection as
citizens of India. In 2014, the NRC divided the people in Assam
into two formally undefined categories, viz. ‘original’ and ‘nonoriginal’ inhabitants, with Bengali and Nepali speaking minorities
largely making up the latter category.87 The NRC authorities used
different criteria to verify the claims made by ‘original’ and ‘nonoriginal’ inhabitants. ‘Original’ inhabitants were subjected to a
less strict and vigorous process while deciding claims of their
inclusion in the NRC, while ‘non-original’ inhabitants were
arbitrarily subjected to stricter scrutiny.88 Now, the FTs in Assam
will decide on appeals of individuals excluded from the NRC
along with the cases of ‘doubtful’ citizens. It has been found that
the members of the FTs are pressured by authorities to declare
more people, especially those who are Bengali and Muslim, as
foreigners.89
Hence, the citizenship deprivation processes in Assam are
plainly discriminatory and push their victims down on the
slippery slope of citizenship. This is barred by the ICERD and
customary international law, and in turn, absolutely prohibits
the Indian state. In conclusion, the arbitrary citizenship
deprivation exercises in Assam – the NRC and FT mechanisms –
violate international law.
87 See Human Rights Watch, ‘“Shoot the traitors” Discrimination Against Muslims under India’s New
Citizenship Policy’ (n 85).
88 Amnesty International India, ‘125 Civil Society Organisations condemn the exclusion of 1.9 million
people from the Assam NRC’ Amnesty International India (6 September 2019) <https://amnesty.org.in/
news-update/amnesty-india-joint-statement-to-condemn-the-exclusion-of-1-9-million-people-fromthe-assam-nrc/> accessed 20 July 2020; Arunabh Saikia, ‘How many times will NRC test your Indian
citizenship? Depends on which community you belong to’ (Scroll.in, 25 July 2019) <https://scroll.in/
article/931646/how-many-times-will-nrc-test-your-indian-citizenship-depends-on-whichcommunity-you-belong-to> accessed 30 July 2020.
89 Human Rights Watch, ‘“Shoot the traitors” Discrimination Against Muslims under India’s New
Citizenship Policy’ (n 85). See also Amnesty International, ‘Designed to Exclude’ (n 46).
SECURING CITIZENSHIP
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