CRITICAL ASIAN STUDIES
175
government of Assam to update the NRC. This process began in February 2015, when
every person in Assam who claimed Indian citizenship was required to submit proof
of their ancestry (or birth) in the country prior to 1971:164
Various processes, flawed in varying degrees, were put in motion—from the “family tree
verification” process to the initial rejection of gram panchayat certificates that mostly
affected women who had married and changed residence … “illegal” migrants were more
likely to be in possession of “documentary citizenship”—papers like ration cards and
voter cards—certifying their citizenship, while natives and their descendants might well
have no documentation at all. In a society in which the poor typically have few if any documents, this inversion is not surprising.165
In the final NRC list published on August 31, 2019, 1.9 million Assam residents were
excluded from voting lists, potentially rendering them stateless.166 Women were particularly impacted, and many families had some members excluded. A significant proportion
of those excluded were Hindus, which somewhat dented the BJP’s championing of the
NRC.167 Those not on the list were given 120 days to appear before Foreigner Tribunals
which would either ascertain or deny their claims to citizenship. Those whose claims
were rejected were to be detained and deported. Calling the entire exercise “the
biggest mass-disenfranchisement of the twenty-first century,” Amnesty International
and 124 other civil society organizations condemned this policy:
… requiring individuals to prove their citizenship by providing documentary evidence
dating back over fifty years, and excluding applicants on the basis of not being able to
fulfil this evidentiary burden that sits solely on them, is an act of mass-arbitrary deprivation
of nationality … 168
In Myanmar, extensive documentary evidence has been required since independence,
and increased with the 1982 Citizenship Law. Non-taingyintha applicants are required
to submit both their parents’ and all four grandparents’ citizenship documentation, or
otherwise prove that they and/or their ancestors had settled in Myanmar prior to independence in 1948. However, by 1960, only slightly over 20,000 citizenship certificates had
been issued, with an estimated 80,000 to 90,000 applications pending in 1982.169 In other
words, to receive documentation under the 1982 Law, non-taingyintha were expected to
produce documents that the state rarely issued and never required most citizens to hold.
Those who are unable to prove that their parents were fully documented citizens are only
eligible for associate or naturalized citizenship.
Lack of documentation remains one of the most significant barriers to accessing any of
the citizenship categories in Myanmar. Citizenship scrutiny card applicants can claim citizenship based on birth by documenting that their parents were taingyintha, but this can be
complicated for people who follow a minority religion like Islam. Alternatively, applicants
can document that their parents or grandparents possessed a Union Citizenship Certificate
164
Arraiza et al, 2020.
Jayal, 2019:39.
166
Approximately 33 million Assam residents were included on voter lists. See India Today 2019. Article 1 of the 1954
Convention relating to the Status of Stateless Persons defines a “stateless person” as someone “not considered as a
national by any state under the operation of its law.” UNHCR 1954.
167
Hindustan Times 2020.
168
Minority Rights Group 2019.
169
Rhoads 2023b; UKNA 1982.
165