The Government of India granted LTVs to Rohingyas
from 2012 onwards, based on their UNHCR Refugee
Cards.³⁸ The granting of an LTV offered some
protection against detention and deportation as ‘illegal
migrants’. It also enabled Rohingyas to obtain other key
identity documents and access certain basic rights and
services. However, since 2016-17, existing LTVs have
not been renewed and new ones have not been granted,
with no official explanation as to why.³⁹ As the LTV has
become essential for all refugees in India to gain access
to an Aadhaar identity card, which in turn is a key piece
of identification necessary to gain access to other basic
rights and services,⁴⁰ the denial of the LTV has had a
cascading effect.
Service-access IDs
Aadhaar is a single identity card linked to various
benefits, services and facilities in India. It is the latest
government iteration of the proposed ‘Multipurpose
National Identity Card’, and a reflection of the state’s
attempt to use technology to define citizenship and
shape governance relations between the State and the
individual.41 Enrolment numbers are the highest in
relation to any other digital identity card in the world,
and, as such, it has become an increasingly critical digital
identity tool in India.42
Aadhaar records an individual’s iris scan, fingerprint scan,
facial photograph, date of birth, sex, and address details,
and provides the holder with a unique identification
number.43 It is a proof of residence and does not denote
citizenship or grant any rights per se, and so can be held
by non-citizen residents who can furnish the required
application identification. Aadhaar is also purported
to be used as a non-mandatory verification marker for
accessing benefits, services and facilities. However, this
digital identification is increasingly required by private
and public organisations for access to basic services,
including higher education, jobs and personal or business
banking.44
The level of personal data Aadhaar requires has raised
concerns around privacy, discrimination and profiling,
particularly in relation to its recording, storing, end-usage
and sharing of data.45 Demands have emerged for a law
addressing personal data protection.46 However, missing
from these critiques are considerations of its implications
for refugees and so-called “illegal migrants”.
Since Aadhaar has become a primary identification
document in India, it has also become an essential
lifeline for refugees who often lack other identity
documentation.47 Initially, refugees holding LTVs and the
UNHCR Refugee Cards were issued Aadhaar cards.48 It
was only in October 2018 that the Union Government’s
Ministry of Home Affairs (MHA) changed the policy
and excluded Refugee Cards as valid documentation
to obtain Aadhaar, which adversely affected those, such
as the Rohingyas, whose LTVs were kept in abeyance
and not renewed, or who were only granted UNHCR
Refugee Cards and not LTVs.49
A. Roy, Mapping Citizenship in India (Oxford University Press 2010) 61
³⁷ Y. Khan, The Great Partition: The making of Indian and Pakistan (Yale University 2017) 193-196.
³⁸ M. Morand and J. Crisp, ‘Destination Delhi: A review of the implementation of UNHCR’s urban refugee policy in India’s capital city’ (2013) available at: https://www.
refworld.org/docid/520a419a4.html [accessed 13/11/2020]
³⁹ Interview with Rohingya in Delhi, India, April 2017. (Name withheld); Interview with Rohingya, Hyderabad, India, August 2019 (name withheld). Research conducted by
J. Field, A. Tiwari and Y. Mookherjee in Delhi in 2017 was funded by the International Institute for Environment and Development under the Urban Humanitarian Crisis
theme. Research conducted by J. Field, A. Dutt Tiwari and M. Rajdev in Hyderabad in 2019 was funded by the British Academy, Award Reference: SDP2\100094, under the
UK Government's Global Challenges Research Fund.
⁴⁰ Ministry of Home Affairs (Foreigners Division), ‘Long Term Visas’, MHA Doc No. 25022/62/2020-F-1 (13 Aug 2020) 10, available at: https://www.mha.gov.in/sites/
default/files/AnnexVILongTermvisas_20082020.pdf [accessed 23 Aug 2020].
⁴¹ T. Mehmood, ‘India’s new ID card: Fuzzy logics, double meanings and ethnic ambiguities’ (2008), in C. Bennett & D. Lyon (eds.) Playing the Identity Card: Surveillance,
security and identification in global perspective, Routledge.
42
D. Dhillon, ‘Over 1.21 billion people are enrolled in the world’s largest biometric identification system’ (2016) available at: https://www.businessinsider.in/over-1-21-billionpeople-are-enrolled-in-the-worlds-largest-biometric-identification-system/articleshow/65009409.cms [accessed 13/11/2020]
43
UIDAI Website, available at: https://uidai.gov.in/what-is-aadhaar.html [accessed 13/11/2020]
44
A. Bhatia & J. Bhabha, ‘India’s Aadhaar scheme and the promise of inclusive social protection’ (2017) 45 Oxford Development Studies 1, available at: https://www.
tandfonline.com/doi/abs/10.1080/13600818.2016.1263726 [accessed 13/11/2020]
45
K. Breckenridge, ‘Lineaments of Biopower: The Bureaucratic and Technological Paradoxes of Aadhaar’, (2019) 42 Journal of South Asian Studies 3, available at: https://
www.tandfonline.com/doi/abs/10.1080/00856401.2019.1613080 [accessed 13/11/2020]
46
See, Personal Data Protection Bill, 2019 (Bill No. 373 of 2019) available at: http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/373_2019_LS_Eng.pdf [accessed
13/11/2020]
47
M. Morand and J.Crisp, ‘Destination Delhi: A review of the implementation of UNHCR’s urban refugee policy in India’s capital city’, (2013) available at: https://www.
unhcr.org/uk/research/evalreports/51f66e7d9/destination-delhi-review-implementation-unhcrs-urban-refugee-policy-indias.html [accessed 13/11/2020]
48
J. Field, A, Tiwari and Y. Mookherjee, ‘Urban refugees in Delhi: identity, entitlements and well-being’ (2017) available at: https://pubs.iied.org/pdfs/10852IIED.pdf
[accessed 13/11/2020]
49
R. Kumar, UNHCR card holders not entitled for Aadhaar: MHA, Daily Pioneer (2018), available at https://www.dailypioneer.com/2018/india/unhcr-card-holders-notentitled-for-aadhaar--mha.html [accessed 13/11/2020]
36
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