Chapters in this book document these explicit and implicit forms of
discrimination, and demonstrate how they may manifest in conjunction
with one another. The multitude and complexity of such practices, such
as in relation to legal documentation, identification, application processes, litigation and more, is a constant theme across the case studies,
often made visible by in-depth examination of administrative documents
or fieldwork. One prominent example in the region is India’s ‘correction’
of its National Register of Citizens (‘NRC’) that has put at risk the
citizenship of 1.9 million individuals living in the state of Assam.101
The publication of the NRC in August 2019, together with the process
established whereby individuals left off the list can ‘appeal’ to the
Foreigners Tribunals, could be seen as encapsulating all three ostensibly
neutral criteria described by Jain.
In Chapter 4, Ismatov reveals that notwithstanding ‘inclusive and
gender-neutral laws’, statelessness in Central Asia has ‘primarily affected
married women and children’.102 Further, Bhat’s groundbreaking chapter, Chapter 8, adds yet another dimension to Jain’s conceptualization of
insidious nationality practices in revealing how the Indian state ‘has
weakened citizenship of its nationals in profound ways without formally
revoking citizenship status’. He argues that the Indian state has ‘irregularized citizenship of a large population through insidious legal processes.
Precarious citizens facing irregularization may not formally lose their
nationality, but they lose fundamental social and political goods because
of their irregular, indeterminate status. Most of all, they lose any semblance of stability and security of citizenship status, which in turn severely
harms their well-being’. As he observes, ‘[w]hile the Indian government
and courts have sought to justify irregularization in the language of
the rule of law, racialization and exceptionalism have permitted them
to not apply ordinary legal standards to these citizenship policies.
Irregularization – as opposed to formal revocation of citizenship – allows
the Indian state to politically instrumentalize citizenship policies at the
cost of citizenship security, without facing the obvious domestic and
international repercussions that denationalization often invites’.103
Precarity is systematized as a tool of state oppression.
See Chapter 8 in this book, Mohsin Alam Bhat’s chapter, ‘Doubtful Citizens:
Irregularization and Precarious Citizenship in Contemporary India’.
102
Aziz Ismatov, ‘Hidden Statelessness Dimensions of State Succession in Central Asia:
Transit to a Solution for Stateless Trans-Border Wives and Children’, Chapter 4.
103
Bhat in this volume.
101
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press