4. Violations of Natural Justice and the Right of Due Process While the Gauhati High Court has sometimes directed the State to provide copies of Lower Court Records (LCRs) and inquiry reports to defendants, these directives have not translated into a consistent or accessible process. The ad hoc nature of these orders highlights the absence of a systematic mechanism to ensure compliance, leaving defendants at a severe disadvantage. Obtaining documents often incurs significant financial burdens, which are prohibitive for many impoverished individuals. A lawyer shared the struggles of his client, who lost daily wages as a labourer every time he travelled to the Election Commission’s office to obtain certified voter rolls. Similarly, another lawyer estimated that his client spent ₹700 on obtaining voter rolls and land documents—an insurmountable expense for someone struggling to make ends meet. A litigant recounted spending ₹6000 to obtain voter rolls and other documents, further underscoring the economic barriers in accessing documents. Additionally, many individuals lack critical documents, such as birth certificates, due to the absence of mandatory registration requirements before the 1970s.308 School records are also often unavailable, particularly for those with little or no formal education.309 Further, internal displacement caused by natural calamities, such as floods or the shifting course of the Brahmaputra River, has resulted in the loss or destruction of essential documents.310 The process of obtaining documents is acutely gendered. Women often face additional challenges, including the need to gather documents from multiple locations due to marriage or migration.311 A lawyer highlighted the case of Pariskar Begum, who had to collect documents from both Kamrup and Nalbari, incurring double the costs and logistical challenges. Women also tend to rely heavily 102 on male family members to navigate the complex legal process. Many lack access to education or legal awareness, and familial dynamics often limit their ability to manage non-domestic affairs independently.312 In the absence of male support, their claims to citizenship are severely weakened, as exemplified by Sandhya Rani Biswas’ case. Her brother, who held her documents, neglected to assist her, resulting in her being declared a foreigner through an ex parte order.313 The procedural and logistical barriers to obtaining documents in FT proceedings place an unjust and often insurmountable burden on defendants. The economic, logistical, and gendered challenges they face are exacerbated by the lack of a transparent, accessible system for document provision. These systemic shortcomings undermine the principles of natural justice and fair trial, rendering the FT process inequitable and ineffective. 308 Registration of Births and Deaths Act 1969; Assam Registration of Births and Deaths Rules 1978. Kalantry and Tarafder (n 21) 20-22; Baruah (n 21) 25. Recorded as a submission in Md. Moksed Ali v. State of Assam WP(C) 6262/2015 (Gauhati High Court). See also Jharna Gogoi and Nazimuddin Siddique, ‘Flood, Displacement and Politics: The Assam Chapter’ (EPW Engage, 6 January 2023) <https://www.epw.in/engage/ article/flood-displacement-and-politics-assam-chapter> accessed 24 June 2025; Anindita Chakrabarty, ‘The Double Jeopardy of Climate Change and Citizenship: Envisioning Resilience in the Chars of Assam’, Oxford Migration Conference (2024) <https://www.routedmagazine. com/post/the-double-jeopardy-of-climate-change-and-citizenship-envisioning-resilience-in-the-chars-of-assam> accessed 24 June 2025. 311 Sabhapandit and Baruah (n 22); Choudhury (n 24); Amnesty International India (n 21). 312 Sandhya Rani Biswas @ Sandhya Biswas v. Union of India WP(C) 2740/2010 (Gauhati High Court, 19 August 2015); Kalpana Das and Ors. v. Union of India WP(C) 5611/2015 (Gauhati High Court, 18 September 2015); Rina Bala Karmakar @ Rina Karmakar v. Union of India WP(C) 6084/2011 (Gauhati High Court, 29 September 2015); Basanti Saha @ Basana Saha v. Union of India WP(C) 5353/2018 (Gauhati High Court, 13 August 2018). 313 Sandhya Rani Biswas (n 312). 309 310