The Transnational Human Rights Review, Vol. 8, Iss. 1 [2021], Art. 1
religion entitled her to contest that she could not be categorized as an “illegal migrant” and in
light of the same, even the charges under the Foreigners Act, 1946, could be dropped against her.
This is the same provision that also allows individuals to claim “persecution” for naturalization.
Finally, the Assam NRC has not been a stand-alone exercise, but has been preceded and
followed by widespread lynching of Muslims, perceived as “cow slaughterers”; anti-conversion
laws, including recently enacted legislations reminiscent of racial segregation, to curtail what the
state terms as attempts by Muslims to proselytize Hindus by luring women; targeting of religious
symbols; alteration of the autonomous status of the only Muslim-majority territory, Kashmir;
transferal of ownership of a contested land which was destroyed by Hindu majoritarian groups in
favor of the Hindu majority party, despite acknowledging the illegality of their acts and by
subjecting the minority to a higher standard of evidentiary requirements; excessive use of antiterror legislations against the minority community without substantial evidence; and hate acts of
violence and speeches not only considered as dehumanizing but with the potency to incite
violence.
In July 2019, the Indian government published a Notification about conducting a door-to-door
exercise of NPR to cull out a shorter list of citizens (NRC).158 The pilot project was to commence
earlier in 2020, despite there being no further instructions passed since 2019 – virtually leaving it
to officials to decide how it is implemented; thereby renewing fears amongst the community over
well-founded grounds of sustaining a nation-wide persecution where the only options are
between deportation, mass incarceration or survival as second-class citizens.
V
Conclusion
The international community’s response to the Indian citizenship practices has either been
restricted to the overt exclusion of Muslim refugees from naturalization, or have been described
as persecutory, without any preceding legal assessment. But legal assessments too, must not
completely skirt questions of politics and the fact that lawfully enacted neutral-appearing laws
can also possess adverse consequences. Prima facie, the Legislation appears to only exclude all
Muslim ‘refugees’ from naturalization – but Ministerial statements and practices, have actively
linked the Legislation with the preparation of a National Register of Citizens (NRC) to exclude
158
Registrar General Citizenship Registration Notification, SO 2753 (E) (31 July 2019), online:
<http://dnh.nic.in/eGazette/13Sep2019/ESeries1SrNo11Dated12Sep2019.pdf>.
https://digitalcommons.osgoode.yorku.ca/thr/vol8/iss1/1
DOI: 10.60082/2563-4631.1096
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