174
E. L. RHOADS AND R. DAS
state that can facilitate eventual claims to citizenship.156 In Myanmar, however, as citizenship is squarely based on ancestry, such practices or other forms of recognition are
far less likely to lead to administrative citizenship.157
Conversely, beyond legislative debates, everyday administrative functions are a powerful state tool. In both India and Myanmar, there are numerous accounts of people
deprived of citizenship through irregular, discriminatory bureaucratic practices, sometimes resulting from abuse of authority despite existing legal procedures, other times
intrinsic to the procedures themselves.158 These practices are a form of administrative
or bureaucratic violence, the intent being to “use … all possible administrative means
to de-legitimize the claims to citizenship by anybody feeling some sense of entitlement.”159 As early as 1948, to deal with returning Muslims who sought to reclaim
their properties, the Indian government established a permit system called the “Influx
from Pakistan (Control) Ordinance.” In practice, the permit system proved impossible
to enforce, ultimately devolving to haphazard surveillance by petty functionaries such
as railway guards and ticket collectors alongside a flourishing trade of counterfeit
permits.160 The permit system was eventually withdrawn, but the question of citizenship
in the context of the massive exchange of people across India’s post-partition borders
continues to plague the process of administrative citizenship. Administrative violence
was one of the obvious outcomes, especially when combined with xenophobia, racism,
and nativism. In the decades following partition, judges were faced with the unenviable
task of deciding upon the evidentiary value of passports, and subsequently, other identity
documents like electoral and ration cards. As the question of immigration has become
more politicized and controversial, the worth of these documents has become commensurately less in official quarters, even as they constitute key resources for their holders.161
The NRC is a particular example of the Indian state’s effort to implement administrative citizenship and the resulting administrative-bureaucratic violence. The NRC was
originally designed only for Assam during the first census of independent India in
1951, and proposals to update it have been intermittently revived in subsequent
years.162 In a 2003 amendment to the 1955 Citizenship Act, a new clause (14A) titled
“Issue of National Identity Cards” was added. This clause states that the central government “may compulsorily register every citizen of India and issue national identity card to
him” [sic] and “may maintain a National Register of Indian Citizens.”163 In 2009, an
NGO called Assam Public Works petitioned the Supreme Court to order that the
names of undocumented migrants be removed from the voter list, and that the NRC
be updated. In 2014, the Supreme Court directed the central government and the state
156
Lund 2020.
Mosaic Myanmar 2023.
Rhoads 2023b; Mosaic Myanmar 2023.
159
Beaugrand 2011, 234–36; see also Graeber 2012. Arraiza et. al describe this primarily as the deprivation of individual
rights by arbitrarily denying official documentation, which eventually leads to the “consideration of groups of inhabitants who are, or arguably descend from, migrants (often regardless of how many generations) as foreigners” (2020,
198). As mentioned earlier, the Indian Foreigners Act (1946) and the Burmese Foreigners Act (1864) derive from the
same nineteenth century British Indian legislation, both placing the burden of proof on the individual and not the
state, thereby leading to significant arbitrary discrimination.
160
Zamindar 2007; Chatterji 2012.
161
Chhotray and McConnell 2018.
162
Jayal 2019.
163
The Citizenship (Amendment) Bill 2003.
157
158