2020
Statelessness & Citizenship Review
2(1)
provide documentation about their lineage so those who are not able to prove their
citizenship will be deemed illegal foreigners in India and will be denied their
citizenship rights. Assamese residents subject to this citizenship determination
procedure can appeal to specially formed courts known as ‘Foreigner Tribunals’
(‘FT’) as well as, theoretically, the High Court and the Supreme Court of India. 88
However, the validity of the process by which these FT engage cases is a topic of
contemporary debate, and Assam residents face a potentially long and exhausting
appeals process. 89 Upon them weighs the consideration of whether they would be
able to bear the inherent charges of appeals in case they lose their case, the
possibility of being detained in detention centres located in prisons indefinitely or
even be deportation from the country. 90
While this unilateral act has not yet rendered millions of Muslim residents of
Assam stateless — it definitely has the potential to and also to inflame Hindu–
Muslim tensions in the region, which may cause regional instability and may even
lead to radicalisation. The arbitrary action of the Indian (Hindu) government is
often compared to the approach of the Buddhist campaign against the Rohingya
Muslims in Myanmar, forcing more than 700,000 to flee their homes and seek
refuge in neighbouring countries. 91 Likewise, in Hindu-majority India, Muslim
minorities have faced a series of attacks since the current government entered into
power. In the Indian context it must be noted that ethnic discrimination has a
historical background that indicates illegal migration as one of the key factors of
ethnic conflicts and political unrest in the State of Assam (neighbouring with
Bangladesh) for decades, as the Hindu–Assamese fear of being dominated by
‘foreigners’ is rooted very deeply. 92
Similar to the Myanmar scenario, high-ranking Indian government officials
began to publicly make hateful comments on Bengali and other (mostly Muslim)
minorities living in the State of Assam in India. As mentioned, in India illegal
migration has been a contributing factor to ethnic conflict and political unrest in
the State of Assam for decades, stemming from the Assamese fear of being
dominated by foreigners. 93 With the rise of the BJP currently in power, these
negative sentiments have been amplified. The situation of being left out of the
NRC has been affecting those concerned very heavily, also leading to the suicide
of some of those who have been excluded from the published list of citizens,
fearing indefinite detention, deportation from India and consequences of
statelessness. 94
88
89
90
91
92
93
94
Talha Abdul Rahman, ‘Identifying the “Outsider”: An Assessment of Foreigner Tribunals in
the Indian State of Assam’ (2020) 2(1) Statelessness & Citizenship Review 112.
ibid.
ibid.
Debasish Roy Chowdhury, ‘Abandoned in Assam: India Creates Its Own Rohingya, and Calls
Them “Bangladeshi”’, South China Morning Post (online, 23 August 2019)
<https://www.scmp.com/week-asia/society/article/3024155/assam-edge-indias-rohingyamoment-threatens-millions-modis-hindu>.
Sandhya Goswami, ‘Ethnic Conflict in Assam’ (2001) 62(1) The Indian Journal of Political
Science 123–37; Pranati Datta, ‘Push–Pull Factors of Undocumented Migration From
Bangladesh to West Bengal: A Perception Study’ [2004] (June) The Qualitative Report
<http://library.isical.ac.in:8080/jspui/bitstream/10263/2930/1/Binder1.pdf>.
ibid.
Subir Bhaumik, ‘Assam NRC: Are India’s ‘Unwanted People’ Being Driven to Suicide’, BBC
(online, 28 June 2019) <https://www.bbc.com/news/world-asia-india-48754802>; ‘Shoot the
Traitors’ — Discrimination against Muslims under India’s New Citizenship Policy (Report,
Human Rights Watch 9 April 2020) <https://www.hrw.org/report/2020/04/10/shoottraitors/discrimination-against-muslims-under-indias-new-citizenship-policy>.
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