Migrants, Refugees and the Stateless in India
employment and housing, as well as the right to identity, travel
documents and administrative assistance. India has also not signed
the 1961 Convention on Reduction of Statelessness, that seeks to
prevent statelessness and reduce it over time. This has enabled
Indian citizenship laws to be rife with exclusionary and arbitrary
provisions that produce statelessness such as the provision for
citizenship which necessitates that parents of even those born in
India not be ‘illegal migrants’. Groups such as Chakma and Hajong
in Arunachal Pradesh and large numbers of Bengali-speaking
persons in Assam, face statelessness as a result.
India has been following selective practices with different refugee
and displaced groups that do not accord with international norms.
Irrespective of the official stand, the living conditions reported by
all refugee groups we studied were abysmal with poor security,
lack of basic amenities, and limited employment opportunities.
Access to education and healthcare were poor, particularly for
those living in camps. Across groups, employment was limited to
petty, informal, daily-wage labour.
The lack of a national refugee law means rights and services,
besides being below par, vary across groups, with different groups
treated differently and arbitrarily, and refugee protection delivered
in an ad hoc manner. There is a marked contrast between persecuted
non-Muslims, who are viewed favourably, and Muslims, mainly
Rohingyas from Myanmar and Muslims from Bangladesh, who are
viewed with suspicion and treated with hostility.
This arbitrariness and discrimination, mostly directed at
Muslim groups, is being institutionalised under the current Hindumajoritarian dispensation, with citizenship laws effectively being
used for political ends. The 1986 amendment to the Citizenship Act,
1955 moved the basis of citizenship from jus sui to jus sanguinis
system, thus making citizenship contingent on descent in place of
birth. In 2003, further amendments created the category of ‘illegal
migrants’, completely excluding those deemed such from any
route to citizenship, including of their children born in India. The
amendment also laid the grounds for preparing National Register
of Citizens, first rolled out in Assam. The completion of the NRC
updation in Assam, the result of a 10-year-long administrative
screening process, involving 52,000 state employees and at a cost
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