STATELESSNESS IN INDIA
As per Rule 4(3) of the Citizenship Rules, any enumerator at the local level is empowered
to arbitrarily determine citizenship status and mark people as ‘doubtful’ citizens. This
additional layer of arbitrariness built into the NRIC does not require an evidentiary
examination and can be based solely on information collected and entered in a form,
during the NPR enumeration. Those unwilling to volunteer legacy information on their
parents can be fined or even imprisoned.68 As a result, the NRIC is likely to have
catastrophic impacts, as already witnessed in provincial governments led by nationalistic
political parties.69
(F) NRIC, NPR & the CAA: A triumvirate targeting Muslims
In addition to the NRIC, the Indian Government has also passed the CAA as mentioned
before. CAA will work both independently and in conjunction with the NRIC.
The ostensible objective of the CAA is to protect minorities from “religious persecution”.
However, in its text, the law does not mention “religious persecution”, which is included
by reference to the Foreigners’ Order, 1948, and the Passport (Entry into India) Rules,
1980. These rules are passed by executive actions and any amendment can simply be
made without legislative scrutiny, opening the claimed foundation of the CAA to a nonlegislative amendment. Even within the parameters of protecting persecuted religious
minorities, the legislation fails catastrophically, in that it does not extend these rights to
other persecuted minorities in neighbouring Muslim countries, nor to persecuted Muslims
in non-Muslim neighboring countries, or those without faith.
The NPR, NRC and CAA together weaponize India’s citizenship in ways never envisioned
before.70 Given the discretionary powers of NPR enumerators in attributing a ‘doubtful’
status, and due to the flaws and biases described above as witnessed in the example of
68
This has been provided for under several laws, for e.g.: Rule 17 of the Citizenship Rules, 2003; Section
176 & 179 of the Indian Penal Code, 1860; and Section 8 read with Section 11 of the Census Act, 1948,
Annexure I.
69
Arijit Sen & Leah Verghese, Border Criminologies, Weaponising Citizenship in India, February 19, 2020.
See also, India Today, Over 32,000 refugees identified in 21 districts for CAA: UP minister, January 13,
2020.
70
Annexure N explains the tri-partite scheme of the NPR, NRIC, and CAA.
9