2021
Statelessness & Citizenship Review
3(1)
with empirical findings that show that significantly more people from both these
communities are tried and declared as foreigners. !43
It is pertinent to remember that there is little administrative clarity on what
amounts to a proper document for purposes of proving one’s citizenship.
!44 As
discussed in the previous part, gender interferes with women being able to
navigate public spaces and acquire documents. The challenges of procuring
documents for identification for low-income women highlighted earlier are
applicable in the Assam context as well. Moreover, even in those instances where
women are able to the produce documents, the lack of access to education, legal
awareness and finances places them at a significant disadvantage.!4° There is
evidence to show that in many instances, women party to these cases rely heavily
on support from their male family members in navigating this complex legal
process. !4¢ In the absence of such support, their claims to citizenship can be further
weakened. This heavy dependence on men may also reinforce the existing
patriarchal power dynamic within the family.
Proving linkage with a parent who is a citizen lies at the heart of these
adjudications. For men, common practice dictates that their documents present
their father as a guardian; however, for married women, this position is filled by
the husband, which renders most of their identity documentation worthless in the
FT. The adjudication of the FTs is disconnected from these realities — they
impose extraordinary standards of proof and are quick to dismiss the evidence that
women can present. Thus, the FTs, as predominantly majoritarian heteropatriarchal legal institutions, create the myth of the perfect litigant, which is an
impossible standard that most women are unable to meet.
E
The Pitfalls of the NRC: A Glimpse from the Ground
In furtherance of a feminist standpoint epistemology, we sought to focus on the
lived experiences of the women to make our knowledge claims. We interviewed
30 women both before and after the publication of the final draft of the NRC in
two districts of Assam, Darrang and Barpeta. The survey in Darrang was
conducted on 27 June 2019, when the process of claims and verifications was in
full swing. The Barpeta survey was conducted on 16 February 2020, after the
publication of the final draft of the NRC, where two villages were covered as a
part of the research. Purposive sampling was adopted in the selection of the
sample. The questionnaires used consisted of both open-ended and close-ended
questions for the stakeholders. A structured approach was adopted. We tried to
gain a sense of the ‘everyday life’ of our respondents during the timeline of the
NRC.
We found that in all the instances, women were put through immense
inconveniences in the process of registering their citizenship. In Darrang, during
the submission and registration process, the respondents pointed out the fact that
143°
144
143
146
Rohini Mohan, ‘“Worse than a Death Sentence”: Inside Assam’s Sham Trials That Could
Stip
Millions
of
Citizenship’,
Scroll.in
(online,
30
July
2019)
<https://scroll.in/article/932 134/worse-than-a-death-sentence-inside-assams-sham-trialsthat-could-strip-millions-of-citizenship>.
Manu Sebastian, ‘Which Documents Prove Indian Citizenship?’, LiveLaw (online, 21
February
2020)
<https://www.livelaw.in/columns/which-documents-prove-indiancitizenship-153027>.
“Interview with Aman Wadud’ (n 130).
ibid.
254