Migrants, Refugees and the Stateless in India
statelessness, i.e., sui soli, parents not ‘illegal migrants’,
and residency and language requirement.
iii. Citizenship
• Revoke the Citizenship Amendment Act 1955, introducing
a religion test in the determination of citizenship. Abolish
ordinances that relax criteria selectively for refugees from
specific countries and of specific religious faiths. Replace
these with an inclusive, all-embracing law that makes
India home to persecuted minorities—religious, ethnic
and linguistic.
• Relax provisions for grant of citizenship to refugees and
their children, and to prevent statelessness across all
groups, and not selectively by religion, or countries.
• Remove arbitrariness in the Citizenship Act 1955, present
in the form of complex procedures, language criterion,
and denial of OCI61 to those with any links to Pakistan,
Bangladesh, among others.
iv. Assam NRC and appeals against exclusion from NRC
• Provide effective redress to those excluded from NRC
in Assam, through provision of legal aid, changes to
appeals procedures set out in recent orders (30 May
2019 amendment to Foreigners Tribunal orders), and
Foreigners Tribunals acting as effective redress bodies,
removing arbitrariness in their proceedings.
• Close down detention centres in Assam and release
all detainees. Conduct special audit of those declared
foreigners already, including those currently in
detention, to identify those who might have been the
victims of arbitrary procedures. Initiate discussions with
relevant foreign governments for deportation of illegal
immigrants. and provide a route to appeals before FTs
(part of the NRC process) for the rest.
• Address ‘immigrant’ anxieties of Assamese population
by working on a policy of opportunity creation and
identity safeguards that are equitable and inclusive for all
individuals deemed citizens in Assam.
61 OCI or Overseas Citizen of India, grants life-long visa to persons of Indian
origin. ‘India origin’ is defined arbitrarily.
63
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