An Open Access Journal from The Law Brigade (Publishing) Group
274
certificate as linkage documents. Out of these women approximately 1.7 million women were
brought under "original inhabitants" status by August 2018 - a privileged category and were
exempted from the stringent verification process. However, Muslims and Bengali Hindus,
didn’t fall under the category, thus despite being from one of the most marginalized social
groups, Muslim women from the Char areas had to go through a stringent verification process.
Another reason that is equally responsible for making the char women most vulnerable in the
NRC updating process is the feudal legacy and continuance of core patriarchal practices like
child marriagexvi.
A large number of residents belonging to over 200 households in the remote Mazidbhita
village, an island off the Beki river, have been excluded, wherein most of them were mostly
women and children. Similarly, hundreds of women hailing from Alipurduar and who were
married in the neighboring state of Assam failed to make it to the final list of the NRCxvii.
Detention Centers
Reports by the special monitor of the National Human Rights Commissioner, who visited, these
detention centers for NRC in January 2018 – housing hundreds of women, children and men –
noted the conditions as violative of domestic legal standards and many international human
rights standards. The monitor also found that children above six years were separated from
their families, and women were not incarcerated with their husbands either. Many had not met
their spouse for years and were neither given parole or permission to meetxviii. Only three of
the 28 people who so far died at detention camps in Assam had their addresses in Bangladeshxix.
In the absence clarity on its policy, those incarcerated fear they be held captive in perpetuityxx.
SUPREME COURT AND NRC
The NRC update came under the aegis of the Supreme Court through its order in the case of
Assam Sanmilita Mahasangha v. Union of India dated December 17, 2014.xxi
The Mahasangha had challenged section 6A of the Citizenship Act that had been enacted to
give effect to the Assam Accord by providing separate rules of citizenship in the state. Under
JOURNAL OF LEGAL STUDIES AND RESEARCH
Volume 6 Issue 4 – ISSN 2455 2437
August 2020
www.thelawbrigade.com
Electronic copy available at: https://ssrn.com/abstract=3665733