A. STANDAR DS FOR ASSESSI NG WH E T H E R DE T E N T ION IS ARBIT R ARY detention to be a measure of last resort.187 In this context, detaining authorities are obliged to exhaust all less restrictive measures before resorting to detention. The White Paper states that a person, upon being declared as a ‘foreigner’, is taken into custody and kept in detention till their eventual deportation.188 There is no less restrictive measure envisioned to ensure that the person can be located if removal becomes possible. The state can utilise several options (such as reporting obligations, surety amounts, among others) as set out in the SC order allowing for release of detainees before resorting to detention as the appropriate measure [↘].189 However, as seen in the White Paper Report, the authorities immediately resort to detention of persons declared foreigners. This renders the detention of precarious citizens in Assam disproportionate under international law. Stateless persons also face similar treatment since they fall into the same legal category as ‘foreigners’. As seen in Sheikh Abdul Aziz, stateless persons in India can also be detained for deportation despite the impossibility of the same.190 Hundreds of stateless Rohingya refugees are in detention in India with some facing indefinite detention.191 The detention of stateless persons is also disproportionate as it is caused by the lack of any consideration for less restrictive measures and alternatives to detention. Furthermore, the detention of precarious citizens in Assam and stateless persons in Indian territory also falls short of the proportionality standard articulated vis-à-vis the Indian Constitution. Article 21 of the Constitution enshrines the right to life and personal liberty, which extends to all persons, 187 UNHRC ‘Report of the Working Group on Arbitrary Detention to the 13th session of the Human Rights Council’ (n 171). 188 Home and Political Department, Government of Assam, Foreigners’ Issue (n 162). 189  Re: Contagion of COVID 19 Virus in Prisons (n 182). 190  Sheikh Abdul Aziz (n 184), orders dated 17 April 2015 and 28 May 2015. 191 Institute on Statelessness and Inclusion, ‘Human rights and Covid-19: What now for the Rohingya?’ (Briefing Paper, August 2020) <https://files.institutesi.org/Covid19_The_Rohingya_Briefing_Paper. pdf> accessed 19 August 2020. chapter ii • detention 109 SECTION I.A.2 see Part II (Chapter II), pg 125