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India

Registering minorities and stateless persons as foreigners

In early 2026, the CERD expressed concern that Bengali-speaking Muslims living in the State of Assam, particularly women and their children, are subject to unreasonable challenges in trying to obtain birth registration records and other citizenship documents. The 2019 update to the National Register of Citizens (NRC) classified Bengali Muslims as “non-original inhabitants,” a term which lacks clear definition and imposes stricter standards for obtaining citizenship. The 2019 NRC excludes around 1.9 million inhabitants of Assam. Inclusion in the NRC is often only possible with a birth certificate, which poses financial and administrative challenges for parents. Even with a birth certificate, rejection and reference to the Foreigners’ Tribunal is common, where women in particular are often seen as untrustworthy and unbelievable. These provisions in the NRC complicate India’s constitutional provision of jus soli citizenship for Bengali Muslims in Assam, contributing to their continued social and political discrimination.

Additional Documentation

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Bordering Practice

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Region

Asia and the Pacific

Local Organizations