being competent and independent bodies deciding individuals’
citizenship status.
56
SECTION I.A.3.2
Persons excluded from the NRC must be considered
Indian citizens until all avenues of appeals are exhausted.
However, as they must file their appeals before FTs, they face the
very real risk of deprivation of nationality, because of the
arbitrary functioning of FTs as explained above. It is clear that
the NRC and FT process in Assam lack any due process safeguards.
They unlawfully and arbitrarily threaten to deprive persons of
their Indian nationality.
A.3.2 Procedural standards in international law on nationality
Even if the due process requirements are fulfilled,
deprivation of nationality will be ‘arbitrary’ if it does not have a
legitimate purpose.56 It will also be ‘arbitrary’ if it fails to either
respect the interrelated international legal standard of
proportionality or if it is not in accordance with the law.57 This
section elaborates upon these three prerequisites. It is important
to note that all of these pre-conditions need to be satisfied, and
failure to do so on any one count renders the entire deprivation
procedure unlawful.
see Section I (Chapter II), pg 103
Firstly, a deprivation process must serve a legitimate
purpose that is consistent with international law, which
necessarily includes international human rights law. Article 8 of
the Draft Articles on the Expulsion of Aliens explicitly mandates
that deprivation of nationality in order to convert nationals into
aliens and for the sole purpose of expelling them would not
qualify as a legitimate purpose.58 Precarious citizens in Assam
are being detained under the pretext of deportation to their
alleged country of nationality i.e. Bangladesh [↘]. They are facing
a threat of deprivation of Indian nationality to facilitate their
56
Shamima Begum (n 34). See ‘Skeleton Argument of the UN Special Rapporteur on the Promotion and
Protection of Human Rights and Fundamental Freedoms while Combating Terrorism’ (n 34).
57 ibid.
58 UNGA ‘Report of the International Law Commission: Sixty-sixth session’ (5 May-6 June and 7 July-8
August 2014) UN Doc A/69/10, 32.
SECURING CITIZENSHIP