2021
Statelessness & Citizenship Review
3(1)
women.®? The 1954 Convention Relating to the Status of Stateless Persons extends
the right of documentation to stateless persons, by providing that identity papers
as well as travel documents must be issued to stateless persons in the country who
do not possess such documentation.’ However, given that few countries have
ratified this convention, most stateless people do not possess requisite
documentation, which renders it difficult for them to access social services.7!
Further, in interactions with the bureaucratic state, women are treated differently
and undergo additional layers of exclusions.72 Ethnographic research reveals that
the entire process of applying for documentation and paperwork reflect relations
of production and domination, with women
and ethnic minorities, inter alia, at a
significant disadvantage.’3 Moreover, the gendered nature of how women interact
with the bureaucracy intersects with other aspects of one’s identity.74
In brief, while the exercise of citizenship is rendered unequal by virtue of one’s
gender, proving the existence of such citizenship is much more complicated for
women by virtue of existing structural inequalities. This is exacerbated if the
woman in question is from a rural or low-income background. Therefore, Sabjan
Nessa’s case is the manifestation of marginalisation. She stands at the nexus of
these multiple exclusions as she sets out on her journey to prove her citizenship.
The story begins several years before she receives her notice, in a remote corner
of the State of Assam in northeast India. In the following part, we argue that the
citizenship exercise in Assam is based on a heteropatriarchal, majoritarian
construct, which pushes women towards increasingly precarious status in terms of
their citizenship.
III
CITIZENSHIP IN INDIA AND THE ASSAM
STORY
Assam has borders contiguous with China, Myanmar and Bangladesh. The river
Brahmaputra acts as a border between the Southwestern part of the State and
Bangladesh. Numerous parts of the border are interspersed with the river and
riverine islands called chars, leading to the creation of a perforated connection
with the rest of the country.’> Owing to a contentious history of migration from
neighbouring Bangladesh, there have been multiple attempts over the years to
identify the body of the ‘other’ and ostracise them.’ This has led to a phenomenon
where citizenship rights are being stripped from erstwhile nationals suspected of
being migrants. In this part, we examine the framework defining citizenship in
legal terms in India and take a closer look at the contextual development of the
citizenship debate in the State of Assam. This background is key to understanding
69
70
71
72
73
74
73
76
ibid.
Convention Relating to the Status of Stateless Persons, opened for signature 28 September
1954, 360 UNTS 117 (entered into force 6 June 1960) arts 27-28.
David S Weissbrodt and Clay Collins, ‘The Human Rights of Stateless Persons’ (2006) 28
Human Rights Quarterly 245, 265-66.
Grace Carswell, Thomas Chambers and Geert De Neve, ‘Waiting for the State: Gender,
Citizenship and Everyday Encounters with Bureaucracy in India’ (2019) 37(4) Environment
and Planning C: Politics and Space 597, 598.
ibid 599-600.
ibid 599.
Rafiul Ahmed, ‘Anxiety, Violence and the Postcolonial State: Understanding the “AntiBangladeshi” Rage in Assam, India’ (2014) 19(1) Perceptions: Journal of International
Affairs 55, 57.
Navine Murshid, ‘Assam and the Foreigner Within’ (2016) 56:3 Asian Survey 581.
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