LOCATING THE 'RIGHT TO HAVE RIGHTS' IN THE POSTCOLONIAL CONSTITUTION OF INDIA IN LIGHT OF NRC/CAA DEBATE
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Abstract
“The right to have rights” is a phrase that summed up Hannah Arendt's incredulity with the ‘inalienable’ concept of human rights. Her concern was that the Universal Declaration of Human Rights would remain an assertion as these rights were not formally guaranteed to everyone. She viewed citizenship as being the fundamental aspect for the recognition and achievement of social, political and economic rights. Therefore, refugees and stateless individuals would be unable to enjoy these rights. The concerns Arendt had back in the day, hold true in the Indian context of the National Register of Citizens (NRC) that seeks to leave several individuals in India stateless. Coupled with the Citizenship (Amendment) Act 2019, this right to citizenship is not being accorded to a certain group of citizens and is being limited to certain groups with no justification for why the others are left out.
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