Abstract
This paper analyzes the denial of citizenship rights to linguistic minorities in the Indian State of Assam through theoretical frameworks of domestic law, international human rights law, and global legal theory. Providing historical context on Assam, it outlines India’s National Register of Citizens process to identify « illegal immigrants », which resulted in exclusion of nearly 2 million individuals. It critically examines this citizenship review process and its quasi-judicial tribunals, arguing they violate procedural fairness and universal human rights principles. The paper also explores how India’s Supreme Court increasingly references jurisprudence of regional human rights courts in minority rights cases. Linking the Assam situation to emerging concepts of global law and transnational judicial dialogue, the paper advocates combining universal human rights norms with deep local contextualization to best understand contemporary citizenship deprivation in Assam. It concludes that resolving complex nationality issues requires consistent application of core human rights principles within specific local settings.
Translated title of the contribution | Local judicial practices and international human rights law: Assam, the Indian Union and the treatment of minorities. |
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Original language | French |
Title of host publication | Penser Global? Dix Variations Sur un Thème |
Editors | Jacques Revel, Antonnela Romano |
Place of Publication | Paris |
Publisher | School for Advanced Studies in the Social Sciences |
Pages | 77-100 |
Number of pages | 24 |
ISBN (Print) | 9782713233739 |
Publication status | Published - 2024 |
Keywords
- discrimination
- global
- human rights
- India
- law
- minority populations