The Statelessness and Citizenship Review 2021-11-09T10:43:24+11:00 Statelessness & Citizenship Review Open Journal Systems <p>The&nbsp;<a href="">Peter McMullin Centre on Statelessness</a>&nbsp;at Melbourne Law School and the&nbsp;<a href="" target="_blank" rel="noopener">Institute on Statelessness and Inclusion (ISI)</a>&nbsp;present the <em>Statelessness &amp; Citizenship Review</em>. This is the first journal to be entirely dedicated to advancing the understanding of statelessness and related citizenship phenomena and challenges, helping to meet the growing demand for the exchange of ideas and knowledge among scholars in the blossoming field of statelessness studies. The Editors-in-Chief are Prof. Michelle Foster (Peter McMullin Centre) and Dr. Laura van Waas (ISI).</p> Front Matter 2021-11-09T10:43:24+11:00 Statelessness & Citizenship Review <p>N/A</p> 2021-10-29T00:00:00+11:00 ##submission.copyrightStatement## India and Statelessness 2021-10-29T18:10:36+11:00 Adil Hasan Khan <p>N/A</p> 2021-10-29T00:00:00+11:00 ##submission.copyrightStatement## The Meaning of ‘Life’ under the Indian Constitution and the Obligation Not to Render Persons Stateless: With Reference to the NRC in Assam 2021-10-29T18:10:51+11:00 Andrea Marilyn Pragashini Immanuel <p><em>A person who has lost or who has been deprived of their nationality due to state action loses membership in the polity and is forced to live without human dignity. The right to nationality or the right to have rights obligates states to not render persons stateless and protects persons from a life without dignity. On the other hand, ‘life’ under art 21 of the Constitution of India is understood as dignified life and has been interpreted by the Indian courts as the right to rights. In this article, I examine how ‘life’ or the right to rights under art 21 of the Indian Constitution should include the right to have rights or the international obligation on the state not to render persons stateless. I apply these conclusions to examine India’s controversial exercise of updating the National Register of Citizens.</em></p> 2021-10-29T00:00:00+11:00 ##submission.copyrightStatement## India’s Citizenship (Amendment) Act 2021-10-29T18:11:04+11:00 Manav Kapur <p>My paper examines the prehistory of India’s controversial new Citizenship (Amendment) Act 2019 (‘CAA’), which expedites citizenship procedures for non-Muslim minorities from Afghanistan, Pakistan and Bangladesh. Through looking at a longue durée examination of British India's Partition, I argue that the Partition's dislocation conflated the otherwise oppositional categories of ‘citizen’ and ‘refugee’ in the formative years of the Republic. Through examining Constituent Assembly and parliamentary debates, judicial precedents and archival files and file notings between 1947–65, I demonstrate how taking responsibility for non-Muslims in Pakistan went hand in hand with ring fencing Muslims at a point where the relationship between the state, citizenship and nationality was abruptly prised open. Rather than an aberration, therefore, the CAA is the culmination of a strand of ideas and decisions that have informed Indian citizenship since Independence, which perhaps a refugee law could go some way to ameliorate.</p> 2021-10-29T00:00:00+11:00 ##submission.copyrightStatement## ‘Untrustworthy and Unbelievable’ 2021-10-29T18:10:40+11:00 Trisha Sabhapandit Padmini Baruah <p><em>Non-male people experience citizenship in ways that are not at par with those who are identified by the state as male. This gendered experience is replicated when it comes to establishing the existence of one’s citizenship before a hostile state that is invested in propagating statelessness among certain communities. This paper uses the Indian State of Assam and the surrounding legal-bureaucratic endeavour to identify ‘genuine’ citizens as a case to explore how the experience of becoming stateless is inherently disadvantageous to women. Using the tools of feminist methodology, the specific challenges of women have been highlighted through a combination of case law discourse analysis and fieldwork.</em></p> 2021-10-29T00:00:00+11:00 ##submission.copyrightStatement## Statelessness, Detention Centres and the Otherisation 2021-10-29T18:11:17+11:00 Aakash Chandran <p>N/A</p> 2021-10-29T00:00:00+11:00 ##submission.copyrightStatement##