B.
C onclusion and Recommendations
and convicts makes for a mentally unhealthy environment.155 Jail
security guards treat detainees as criminals, thus subjecting
them to extreme mental duress.156 Detainees have complained of
poor food quality, resorting to hunger strikes inside the centres.157
Further, several personal items (such as blankets) have to be
shared by detainees due to shortage. This leads to the spread of
skin diseases, which has been identified as a common illness at
Goalpara District Jail.158 Other issues within detention centres
include shortage of medical supplies,159 handcuffing of detainee
patients,160 poor water quality,161 etc.
The chapter is organised into four sections. Section I looks at the
at the blanket prohibition against arbitrary detention of stateless
and precarious citizens. It hinges upon two principles – the right
not to be arbitrarily detained and the right against indefinite
detention. Developing this further, Section II discusses the
benefits of alternatives to detention for stateless persons in India
and provides examples of good practices around the world.
Section III explores the procedural and substantive rights of
persons who are detained for deportation on the presumption of
a legitimate purpose with special focus on precarious citizens in
Assam. Lastly, Section IV describes the supplementary rights of
children in detention who are stateless or at the verge of
statelessness in the context of international treaty obligations
and Indian constitutional law.
155 Amnesty International, ‘Between Fear and Hatred: Surviving Migration Detention in Assam’ (n 153).
156 ibid.
157 Sangeeta Pisharoty, ‘Bad Food, Hunger Strikes: What Life Is Like If You’re Not On Assam’s NRC List’
(Huffpost, 21 August 2019) <www.huffingtonpost.in/entry/bad-food-hunger-strikes-detention-centreassam-nrc_in_5d5a398ae4b0eb875f25e5b4> accessed 6 July 2020.
158 Studio Nilima, ‘Report Of Visit To District Jail, Goalpara’ (Studio Nilima, 2019) <http://studionilima.
com/pdf/ReportonGoalparaJailVisit.pdf> accessed 5 July 2020.
159 ibid.
160 Amnesty International, ‘Between Fear and Hatred: Surviving Migration Detention in Assam’ (n 153).
161 Studio Nilima, ‘Report Of Visit To District Jail, Goalpara’ (n 158).
chapter ii • detention
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SECTION III.
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