Introduction
of the stateless in the region.19 Yet, conditions leading to statelessness
are apparent in all countries with instances of ‘statelessness or
virtual statelessness’ continuing in the case of Indian Tamils of
Sri Lanka, Indians in Myanmar, Urdu-speaking minorities (often
referred to as ‘Biharis’) of Bangladesh, and Chakmas of Arunachal
Pradesh.20 There also exists a large group of people in Nepal without
citizenship papers,21 which does not render them stateless per se
but given the paramount importance of the citizenship certificate
to establish one’s identity and access almost any and every public
service, it makes them virtually stateless. Recent developments in
India are more troubling. With the NRC complete in Assam,22 the
central government is now planning a country-wide exercise to be
followed by the application of the CAA. With plans already afoot to
set up mammoth detention centres in Assam to house those who did
not make it to the NRC, and the intention behind the NRC extension
to the entire country being a thinly veiled attempt to declare all
Muslims without the required papers as foreigners,23 the possibility
An Overview and Analysis of Global Statistics’, 2018, https://files.institutesi.org/
ISI_statistics_analysis_2018.pdf.
19 United Nations High Commissioner for Refugees, UNHCR: Statistical
Yearbook 2016 (Geneva: United Nations High Commissioner for Refugees,
2017), accessed February 25, 2020, https://www.unhcr.org/en-lk/statistics/
country/5a8ee0387/unhcr-statistical-yearbook-2016-16th-edition.html
20 Partha S. Ghosh, Migrants, Refugees, and the Stateless in South Asia (New
Delhi: SAGE, 2016). Ghosh also includes the enclave people in Indian and
Bangladeshi enclaves but this issue has been resolved since his book was
published.
21 A 2013 study put that number to be 4.6 million, or 23 per cent of the total
national population. Sabin Shrestha and Subin Mulmi, Acquisition of Citizenship
Certificate in Nepal: Estimation and Projection (Kathmandu: Forum for Women,
Law and Development, 2015).
22 The NRC, however, did not turn out the way the BJP wanted it to in terms
of identifying Bangladeshi Muslims as non-citizens. Of the 1.9 million Assam
residents left out, half were Hindus and many others belonging to tribal groups
indigenous to the state. See Kaushik Deka, ‘Why the nationwide NRC proposed
by Amit Shah is being criticised,’ India Today, November 22, 2019, https://www.
indiatoday.in/india-today-insight/story/why-the-nationwide-nrc-proposed-byamit-shah-is-being-criticised-1621483-2019-11-22.
23 Home Minister Amit Shah is on record stating: ‘All the Hindu, Sikh,
Buddhist, Christians…will get citizenship,…We want to walk up to them and
give them citizenship. They wouldn’t be asked for any documents.’ See Rohan
Venkataramakrishnan, ‘Who is linking Citizenship Act to NRC? Here are five times
Amit Shah did so,’ Scroll.in, December 20, 2019, https://scroll.in/article/947436/whois-linking-citizenship-act-to-nrc-here-are-five-times-amit-shah-did-so.
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