impact75 and driven multiple people in Assam to suicide.76 There have also been reports
of land evictions.34 Women from rural areas, who are illiterate, married young, and from
marginalised communities are disproportionately impacted as they do not have equal
access to documentation, and are thus more likely to be excluded. Several statements
coming from highest positions of power indicate rampant Islamophobia at work,35
reflected by the introduction of restrictions imposed on beef consumption, selling and
trade in bovine animals.
42. As the NRC appeals process in Assam has not commenced for over two and half years,
the legal limbo of those excluded from the 2019 list has heightened, as their access to
rights has been in effect suspended. They also face societal stigma, and access to legal
aid has been disrupted.
43. Stateless communities, such as, the Chakma and Hajong communities, have few
resources and have been affected by the loss of employment due to the pandemic. It
was only with intervention of the Ministry of Development of the northeastern region
that the state government included them in COVID-19 response, and they were given
access to food.77
Recommendations
44. Based on the above information, the co-submitting organisations urge reviewing States to
make the following recommendations to India:
a. Protect everyone’s right to a nationality, and ensure that national laws comply with
international obligations as consolidated in the Principles on Deprivation of
Nationality, which prohibit the arbitrary and discriminatory deprivation of
nationality, require the avoidance of statelessness and adherence to procedural
safeguards and fair trial rights.
b. Immediately stop the national registration of citizens process, the detention of those
declared ‘foreigners’, burdensome police reporting procedures for released
detainees and take steps to remove barriers to their inclusion in social welfare and
relief programmes.
c. Ensure that its treatment of stateless persons, including those in immigration
detention fully complies with its international obligations, that alternatives to
detention are implemented to protect against arbitrary detention in all
circumstances, and that those arbitrarily detained are immediately released and
compensated.
d. Amend the Citizenship Act, 1955 to abolish all provisions that are discriminatory on
the basis of ethnicity and religion, to remove barriers for Indian-born children of
alleged foreigners to be citizens by birth, and to enable children of doubtful voters
and declared foreigners to be registered as citizens of India.
75
National Campaign Against Torture, Survey Finds : 89% Of People Excluded From Assam NRC Suffering From Mental
Punishment, 24 August, 2019, http://www.uncat.org/in-media/survey-finds-89-of-people-excluded-from-assam-nrc-sufferingfrom-mental-punishment/.
76
Citizens for Justice and Peace, NRC Suicides, https://cjp.org.in/tag/nrc-suicides/
77
The Federal, Before COVID, Chakma, Hajong tribes of Arunachal battled stormy migration, May 2020,
www.thefederal.com/covid-19/before-covid-19-chakma-hajong-tribes-of-arunachal-battled-a-stormy-migration/.
14