‘Untrustworthy and Unbelievable’
foreigners.!34 These factors combine to make the functioning of these tribunals
extremely arbitrary. Until 2019, around 117,000 persons had been declared as
foreigners in the state. !35
Robust evidence does not exist currently with respect to the gender composition
of the FTs. However, based on an interview with an experienced lawyer on the
ground, we found that most of the members are male, but a not-insignificant
number are women.!?¢ Future research would require data on the gender and
ethnic composition of the members of the FT as well, which may help in
substantiating the claim that heteronormative majoritarian patriarchy is reflected
in the way in which FTs are constructed.
We sought to take a closer look at how these challenges were manifesting as
women interacted with the legal regime around citizenship. To this end, we
scrutinised 15 randomly selected orders passed by the FTs to determine the
citizenship of women. The cases were selected from FTs across several districts.
Given that FTs do not publish their cases publicly, we relied on materials we
collected from a local lawyer. We positioned case law as ethnographic source
material and were able to draw several inferences from these texts. We identified
the petitioners as women by the designation ‘W/O’ next to their names, which
stands for ‘Wife of. In each of these orders, the petitioner’s claim to citizenship
was denied. The addresses mentioned on the case files reveal that all these women
whose citizenship is under challenge are from underdeveloped rural areas. Most
tellingly, we were able to analyse the kind of documents that were produced by
women to prove citizenship, and the grounds that were used to dismiss their
citizenship documents.
Type of document
Land records
Number
of Cases
7
Grounds for rejection
1.
2.
3.
4.
5.
Damage
Issuing authority not
produced to testify
Documents were issued post
1971
Woman did not know the
details of the document
Name of siblings mentioned
on the document but not
named in oral evidence
Marriage Certificate
5
1.
2.
3.
134
135
136
Issuing authority not
produced to testify
Marriage registered years
after the fact
Spelling discrepancy
Sagar, ‘How Assain’s Foreigners Tribunals, Aided by the High Court, Function like Kangaroo
Courts and Persecute Its Minorities’, Zhe Caravan (online, 6 November 2019)
<https://caravanmagazine.in/law/assam-foreigners-tribunals-function-like-kangaroo-courtspersecute-minorities>.
‘1.17 Lakh People Declared as Foreigners by Tribunals in Assam’, 7he Economic Times
(online, 16 July 2019) <https://economictimes.indiatimes.com/news/politics-and-nation/117-lakh-people-declared-as-foreigners-by-tribunals-in-assam/articleshow/70244101.cms>.
‘Interview with Aman Wadud’ (n 130).
251