THE MEANING OF ‘LIFE’ UNDER THE INDIAN CONSTITUTION AND THE OBLIGATION NOT TO RENDER PERSONS STATELESS: WITH REFERENCE TO THE NRC IN ASSAM ANDREA MARILYN PRAGASHINI IMMANUEL * A person who has lost or who has been deprived of their nationality due to state action loses membership in the polity and is forced to live without human dignity. The right to nationality or the right to have rights obligates states to not render persons stateless and protects persons from a life without dignity. On the other hand, ‘life’ under art 21 of the Constitution of India is understood as dignified life and has been interpreted by the Indian courts as the right to rights. In this article, I examine how ‘life’ or the right to rights under art 21 of the Indian Constitution should include the right to have rights or the international obligation on the state not to render persons stateless. I apply these conclusions to examine India’s controversial exercise of updating the National Register of Citizens. TABLE OF CONTENTS I II III IV V VI * Introduction........................................................................................................... 187 The Meaning of the Right to Have Rights and the Obligation to Not Render Persons Stateless under International Law ........................................................... 188 A The Right to Nationality as the Right to Have Rights .............................. 190 B The Meaning of the Obligation Not to Render Persons Stateless under International Law...................................................................................... 192 The Right to Life and the Obligation Not to Render Persons Stateless Under International Law .................................................................................................. 193 The Meaning of ‘Life’ Under Art 21 of the Constitution and the International Obligation Not to Render Persons Stateless ......................................................... 194 A ‘Life’ in a Situation of Statelessness in India ........................................... 194 B ‘Life’ as Encompassing the Obligation Not to Render Persons Stateless 197 1 Nationality as a Necessity for Enjoyment of a Dignified ‘Life’ .. 199 2 Nationality as an Aspect of Dignified ‘Life’ ................................ 200 3 Procedure Established by Law and Exceptions to the Obligation Not to Render Persons Stateless ................................. 201 ‘Life’, the Obligation Not to Render Persons Stateless and the NRC ................... 202 A Does the NRC Updating Exercise in Assam Lead to a Threat or Risk of Statelessness? ............................................................................... 203 B Does the NRC Updating Exercise Violate the Right to ‘Life’ under art 21? ....................................................................................................... 205 Conclusion ............................................................................................................ 207 Assistant Professor of Legal Practice, Jindal Global Law School, OP Jindal Global University, India, LLM in Public International Law, Utrecht University (2014–15), BA, BL (Honours), School of Excellence in Law (2009–14). I am deeply grateful to the participants of the ‘Citizenship and Statelessness in India’ project led by the Bonavero Institute of Human Rights, Melbourne Law School and Jindal Global Law School for their comments on a draft of this article. I am also grateful to the three anonymous reviewers, to Dr Mohsin Alam Bhat and to Mr Aashish Yadav for their helpful reviews and comments. Mr Dheemanth R Vangimalla, former Graduate Diploma in Law student, BPP University, United Kingdom provided excellent research assistance on this project and I am thankful for his support.

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