People's Tribunal on Contested Citizenship in Assam
A two day People’s
Tribunal on Contested Citizenship in Assam: Constitutional Processes
and Human Cost, was held on September 7 & 8 at the Indian Society of International Law, Delhi. The tribunal
witnessed presentations from exerts including academics, senior advocates and
activists as well as extensive testimonies from the affected people of Assam.
The key issues that were discussed at the tribunal were land culture and
migration, the evolution of citizenship in India, NRC in Assam and
Constitutional Processes, Foreigners Tribunals in Assam, Detention centres inAssam and the consequences of Extension of NRC to other parts of India.
Thousands In Lawyer Fees, Debts: A Nightmare Awaits Assam’s Poor Left Out NRC // Assams new detention centres
The key
themes that that were examined after each session were the role of the
judiciary, the human costs and the consequences of the process extending to the
rest of the country. The second day also had a panel discussion among senior
advocates and activists sharing their reflection on contested citizenship in
Assam. The Tribunal was co organized by the Campaign for Judicial
Accountability and Reforms, Aman Biradari, Common Cause, Mazdoor Kisan Shakti
Sangathan, National Dalit Movement of Justice, Citizens for Justice and Peace,
Satark Nagrik Sangathan, Delhi Solidarity Group, National Alliance of People’s
Movements, Swaraj Abhiyaan, Citizens Against Hate and Human Rights Law Network.
The members of the
Jury for the Tribunal were Justice (Rt) Madan Lokur, Justice (Rt) Kurien
Joseph, Justice (Rt) AP Shah, Ambassador Deb Mukharji, Ms. Githa Hariharan, Dr.
Syeda Hameed, Prof. Monirul Hussain and Dr. Faizan Mustafa. The jury presented
their individual observations and an interim jury report was read out on behalf
of the Jury by Justice AP Shah.
Prof. Faizan Mustafa
stated how he was moved by disturbing stories of human suffering. The colonial
law should not be determining people’s citizenship. In terms of human costs he
stated that we should uphold international conventions and the rights of people
to nationality under international law.
Dr. Syeda Hameed too,
talking about the human cost implications of the NRC process, stated how it
revealed multiple layers of suffering which is not visible to the outsider.
Referring to the testimonies of the affected people from Assam, Dr Hameed
stated that it was difficult to comprehend the enormity of the human costs.
Every single moment of the testimonies was like a stab in the heart.
Ambassador Deb
Mukharji observed how our citizenship has evolved from civic to ethnic. He
stated how we are today faced with a brutal definition of ethnic citizenship
and a step away from an ethnic democracy. He expressed the hope that in the
future the court will keep at the forefront the constitution of India and the
welfare of the people of India.
Justice Lokur observed
that what struck him as odd about the exercise was that if a person from Assam
does not apply to be included in the NRC, he becomes a non citizen or stateless
person so far as the state of Assam is concerned but he may be a citizen of
India resident in another state. He questioned why detention or jail has become
one of the first options and people have been detained for several years
together. Why should people be detained in such a manner. It is a question of
human rights for a person not be deprived of liberty and put in custody.
Tribunals, he observed, are functioning in an arbitrary manner whereby they
devise their own procedure for functioning. This requires some uniformity. The
poor and illiterate cannot understand the complicated processes and are excluded
for minor spelling mistakes, etc.
Justice Kurian Joseph
stated that lakhs of people of Assam are not in a position to feel the human
and constitutional dignity to be called brothers and sisters of this country.
The right to proper legal assistance is a fundamental right of every person
including the right to dignity. Those not included in the NRC if they are not
allowed to live with dignity, their article 21 rights are affected.
Ms. Githa Hariharan
stated how large number of those excluded lead precarious lives in terms of
livelihood, most of them being women and children. Being put through a “maze”
of an ill conceived and poorly executed process which is arbitrary and random
which does not see the real difficulties of people, of finances, of families
need to stay together, it is reducing people to non people. She stated that if
we divide people what would happens to the principle and reality of diversity
whether of language, within the language, of caste, community, etc? Linking
migration with external aggression, makes the fundamental principle of equality
baseless.
Prof Monirul Hussain
Assam stated that Assamese citizenship needs to be seen constitutionally,
legally and more importantly from a secular perspective protecting the rights
of each individuals.
Thousands In Lawyer Fees, Debts: A Nightmare Awaits Assam’s Poor Left Out NRC // Assams new detention centres
