VALIDITY OF CAA AND NRC IN HUMAN RIGHTS REGIME- A CASE STUDY ON ASSAM CRISIS

Abstract

With the CAB getting tabled at the centre, advent of outbreaks and protests took place especially in the state of Assam for it is the most affected state due to its geographical location and demographic conditions with respect to the ethnic communities. As due to its geographical location, the influx of refugees in this state has been the most and that it has been recognised as the treasure trove of ethnic communities giving rise to the fear of loss of their identities due to adulteration. The bill has also been controversial here for it violates the provisions of the Assam accord, 1985 concluded between the central government, state government and the indigenous people of Assam. However, the protection of the rights of refugees is very important with respect to the Human Rights regime. Any state cannot deny fulfilling its responsibilities towards the refugees for protection of their rights, as under the principle of non-refoulement, have taken the status of customary international law or a peremptory norm from which no derogation is allowed. Nevertheless, a state has to keep in mind its national security and the rights of its indigenous people which also form a part of the international law. Due to this conflict, this bill has become a matter of debate especially with respect to the human rights regime and that it has lead to the development of two different schools of thought. One out of which supports the protection of rights of the refugees while the other one supports the protection of rights of the indigenous people and national security.