B.
C onclusion and Recommendations
This chapter examines a palpable and direct consequence of
precarious citizenship and statelessness – detention. Detention
constitutes an imminent and visceral threat to life and liberty,
and also affects all other political liberties. This chapter clarifies
the legal position and provides arguments, guidelines, and
recommendations to prevent arbitrary detention of persons who
are either stateless or at the verge of being rendered stateless,
with specific focus on the situation of precarious citizens in
Assam. This chapter argues that the detention of precarious
citizens in Assam is arbitrary and prohibited under law. It
specifically argues that indefinite detention is inherently
arbitrary and is prohibited. It delves into alternatives to detention
followed by substantive and procedural rights of detained
precarious citizens. Lastly, it focuses on the children in detention
in Assam.
The bleak and deplorable conditions found inside detention
camps in Assam leave much to be desired. The NHRC Report of
the Special Monitor on Minorities describes the bleak realities of
detention centres in Assam.152 It states that there are presently
no independent detention centres in Assam, though they are
under construction. Jail complexes in six districts have been
converted into detention facilities, of which one is an all-women
detention facility, where children below the age of six can reside
with their mothers. This becomes concerning as there is no
segregation of space inside these camps; detainees are kept along
with convicts and undertrials, which has resulted in
overcrowding.153 Each person has only 2-3 square feet of space,154
which is hardly enough to even move or turn around. This has
further implications, as the lack of distinction between detainees
152 National Human Rights Commission, ‘Report on NHRC Mission to Assam’s Detention Centres from
22 to 24 January, 2018’ (CJP, 2018) <https://cjp.org.in/wp-content/uploads/2018/11/NHRC-ReportAssam-Detention-Centres-26-3-2018-1.pdf> accessed 27 May 2020.
153 Amnesty International, ‘Between Fear and Hatred: Surviving Migration Detention in Assam’
(Amnesty International 2018) <https://amnesty.org.in/assam-detention-centres/> accessed 16 June
2020.
154 LiveLaw News Network, ‘COVID-19: Plea in SC Seeks Release of Persons from Foreigners Detention
Centres in Assam [Read Application]’ LiveLaw.in (1 April 2020) 8 <https://www.livelaw.in/top-stories/
covid-19-plea-in-sc-seeks-release-of-persons-from-foreigners-detention-centres-in-assam-154652>
accessed 1 April 2020.
chapter ii • detention
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SECTION III.
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