Contextualizing Statelessness in the Indian Legal Framework: Illegal Immigration in Assam

  • Anushka Sharma The West Bengal National Juridical Sciences, India

Abstract

With the publication of the National Register of Citizens (NRC) in Assam, the indispensable question regarding the legal status of individuals who would be excluded from the final version arises. This paper critically analyzes the legal framework that addresses and governs statelessness, by taking into consideration, both the domestic laws, and the international treaties which India is a party to, and argues that the contemporary legal system does not address the issue of statelessness effectively and requires an overhaul. The lack of a comprehensive legislative policy to address statelessness will prevent uniformity in the expulsion methods that is employed by the state. In the light of forced deportation and the subsequent expulsion, this paper highlights the significance of formulating a uniform policy that operates on established humanitarian principles that does not vary from one instance to another.

Published
2019-07-01