2021
Statelessness & Citizenship Review
3(1)
sovereign authority and national membership get produced through a
‘continuous exposure to death under the command of the sovereign’, 38 but also
(and simultaneously) through the expression of (selective) compassion towards
certain bodies who are deemed to be ‘deserving’ of protection. It is this dynamic
of exposure and protection that is pertinent to the making of the Indian crisis of
statelessness and citizenship and the emergence of what these articles would
suggest is a discourse of ‘moral citizenship’.
NORMATIVE HORIZONS?
Finally, I want to end this Introduction by briefly reflecting further on the piece in
this Symposium collection that is most concerned with the possible available
normative horizons as we grapple with this crisis — surely hope is a good register
to end on! Pragashini Immanuel’s piece offers a very persuasive progressive
interpretation of both the international human rights and Indian constitutional
fundamental rights jurisprudence to argue that the NRC, as a statelessness
generating exercise, stands in violation of both the Indian state’s obligations under
international law and the fundamental right to life guaranteed under art 21 of its
own Constitution.
Such clearly formulated calls that continually push the normative imagination
of our jurisprudence, as well as demand the responsiveness of our institutions to
their legal obligations, are no doubt necessary — now more than ever. Scholars of
statelessness studies ‘cannot not want’ (to paraphrase Gayatri Spivak, writing in a
different context) to do so. 39
That said, and on a more provocative register, I would add that while holding
onto this more critical register of hope, one might also consider questioning the
often-exclusive locus of this normative desire that we have as statelessness studies
scholars — ie, a status recognised by the nation-state. Much like Kapur, I would
like to do so by way of drawing our attention towards an(other) repressed ‘futures
past’, 40 one which only slightly historically preceded the historical moment of
uncertain postcolonial nation-state building that followed the Indian partition. As
Mira L Siegelberg observes in her recent book, Statelessness: A Modern History,
this preceding historical moment was one of grappling with the perceived crisis
and ‘decline of the nation-state’ form. In this moment, alternative political
associational forms to, and beyond, the particular European political form of the
nation-state, was a possibility. Most pertinently, these political forms appeared in
the normative horizons espoused by groups of stateless people themselves, as
authorities they would choose to be attached to. 41
Faced as we are now with a nation-state form once again in decline and
mobilising the modality of expulsion and dehumanisation, an exclusive normative
horizon that is tinged with nostalgia for the recovery and preservation of the
territorial nation-state (and its forms of membership and protection through
citizenship) cannot be our only alternative. 42 Other alternatives need to be
38
39
40
41
42
Chandran (n 20) pinpoint.
See Sara Danius and Stefan Jonsson, ‘An Interview with Gayatri Chakravorty Spivak’ (1993)
20(2) boundary 2 24.
Reinhart Koselleck, Futures Past: On the Semantics of Historical Time, tr Keith Tribe
(Columbia University Press 2004).
Mira L Siegelberg, Statelessness: A Modern History (Harvard University Press 2020) 4–6.
Let alone adopting a normative position that ‘hinges’ the very ‘human dignity’ of people so
fundamentally to its recognition by a nation-state.
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