STATELESSNESS IN INDIA
from the evidence presented in this report, it is imperative that the OHCHR continues to
urge all branches of the UN to work with the Indian government to:
(1) consider a comprehensive refugee policy, conforming with international legal
standards and obligation, including through ratifying related conventions and
protocols;
(2) extend the CAA’s humanitarian clause of preferential grant of citizenship to
persecuted minorities of all faiths from all neighbouring States;
(3) cease NPR and NRIC exercise, including the NRC in Assam;
(4) restore the burden of proof on the State or entity or individual casting doubt on
the citizenship of any person for any legal process;
(5) discontinue the Foreigners Tribunals and resolve citizenship challenges
through regular civil courts;
(6) ensure release of detainees and reinstatement of all rights pending final
adjudication of citizenship
(7) refrain from detention of persons declared foreigners pending a determination
of their country of origin and deportation order;
(8) hold to account persons engaging in hate speech; and
(9) ensure respect for freedom of expression and assembly of dissenters,
protestors, civil society organisers, and others.
Finally, we respectfully request that:
(10)
The Special Rapporteur work with the Government of India to organize a
Country Visit as part of his mandate to, inter alia, be able to visit immigration
detention centers, attend a hearing of the Foreigners Tribunal and other
relevant Courts, directly engage with activists on the ground, and to gather a
personal in-depth appreciation for the specific context of the nexus between
religion and citizenship in India;
(11) In addition, efforts should be made to use the latest available technology to
engage with activists; and
(12) The Special Rapporteurs incorporate the situation in India in his reports to the
UN Human Rights Council and General Assembly.
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