‘Untrustworthy and Unbelievable’
threat is poised to strike at the very foundation of her existence. Sabjan has just
received word that her citizenship is under question and will have to be proven.
The Pandora’s Box of bureaucracy is now open and an uncertain fate awaits her.
In 2019, the world bore witness to the debacle that was the National Register
of Citizens (‘NRC’) in the Indian State of Assam. A documentary exercise to
identify who belongs within the category of ‘citizen’, the NRC register excluded
nearly two million people from its ambit, people who are now at risk of losing
their citizenship.! Much has been written about the NRC process,? the
administrative challenges around it and the fact that it threatens to put religious
minorities at risk.2 There has been in depth scholarly analysis on the issue of
‘foreigners’ in Assam‘ and how the existing system conspires to cast doubt over
people’s status as citizens.> The issue has been framed as a question of migration,
as well as one of statelessness, as it manifests among a marginalised population.®
This phenomenon highlights the crucial importance that a paper trail occupies in
the elusive quest for citizenship, especially for populations that are at risk of
statelessness.
However, as Deirdre Brennan demonstrates, a feminist methodology in
statelessness studies is yet to emerge,’ especially in the context of this crisis. While
gender issues have become a part of the statelessness discourse, the approach has
largely been to compartmentalise gender issues as one of the multiple issues of
statelessness, or what Brennan refers to as ‘add women and stir’. A feminist
analysis of statelessness entails looking at the structure that supports and
propagates this phenomenon, and how it impacts vulnerable populations. Such an
analysis
must
necessarily
be
intersectional,
given
that
statelessness
disproportionately affects people from ethnic or religious minorities.
In this paper, we have attempted to undertake such an analysis using the case
of Assam. While there is robust literature around the question of illegal
immigration in Assam, there is little scholarly work on the impact this issue has
on the lives of women. A feminist analysis of this issue is valuable for two reasons.
First, it contributes to the burgeoning scholarly research that is emerging on the
gendered impact of statelessness. Second, a feminist standpoint may bring greater
rigor and perspective to an issue that has so far been analysed as a ‘neutral’
1
2
3
4
>
6
7
8
Subasini Raj and Jeffrey Gettleman, ‘A Mass Citizenship Check in India Leaves 2 Million
People
in
Limbo’,
The
New’
York
Times
(online,
31
August
2019)
<https://www.nytimes.com/2019/08/3 1/world/asia/india-muslim-citizen-list.html>.
See, eg, Dipendra Kumar Khanal, ‘Issue of Bangladeshi Immigrants and the Importance of
NRC in Assam’ (2018) IV(1) Mizoram University Journal of Humanities and Social Sciences
12.
Press Trust of India, ‘Assam NRC a Tool to Render Muslims Stateless: US Panel on Religious
Freedom’, Business Standard India (online, 16 November 2019) <https://www.businessstandard.com/article/current-affairs/assam-nrc-a-tool-to-render-muslims-stateless-us-panelon-religious-freedom-119111600636_1.html>.
Sanjib Baruah, India against Itself: Assam and the Politics of Nationality (University of
Pennsylvania Press 1999).
Anupama Roy and Ujjwal Kumar Singh, ‘The Ambivalence of Citizenship: The IMDT Act
(1983) and the Politics of Forclusion in Assam’ (2009) 41(1) Critical Asian Studies 37.
«125 Civil Society Organisations Condemn Mass Disenfranchisement in Assam’, /nstitute
Statelessness and Inclusion (Web
Page) <https://www.institutesi.org/news/cso-jointstatement-on-assaim-nrc>.
Deirdre Brennan, ‘Feminist Foresight in Statelessness’ (2020) 2(1) The Statelessness and
Citizenship Review 43.
Deirdre Brennan, ‘Statelessness and the Feminist Toolbox: Another Man-Made Problem with
a Feminist Solution?’ (2019) 24(2) Tilburg Law Review 170, 172.
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