was denied by a South Asian state were the Indian
emigrants who travelled abroad in the eighteenth and nineteenth
centuries to work as plantation labourers. All through the nationalist
period the fate of these labourers in their country of domicile was a
rallying point for Indian leaders to portray the dark side of foreign
rule. There was constant reiteration that the state was responsible for
all the people who were born in India. Yet during the legislative
assembly debates in 1944 the leaders came to a consensus that these émigrés
rightfully belonged to their country of domicile and not in India.
Unlike nationalists during the colonial period, the leaders of the
post-colonial State formation project no longer looked forward to the
return of the emigrants who were slowly being considered as foreigners.
South Asian independence was accompanied by a blood bath.
The partition of India and Pakistan resulted in two million
deaths and about 15 million people were displaced. Most of the refugees
were lucky enough to get domicile and often citizenship in their country
of domicile. Yet problem arose over the issue of return. In people’s
memory their Desh (country) was where they were born. But once displaced
they did not have the right to return even when they so desired.
South Asian states passed legislations whereby property of the
displaced were confiscated by the State and treated as enemy property.
So the home that they wanted to go back to remained only in their
own imagination. One often hears the argument that because partition
refugees got an alternate citizenship they lost the right to return. In
South Asia there are however, other groups of refugees who remain as
stateless people; yet they are denied the right to return. We have the
instances of two such groups of refugees: the Chakmas (Jumma people) and
the Bhutanese. This module has to discuss in the context of these
experiences as to how South Asia’s political history is predicated by
aliens, half-citizens, exiles, |
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refuge, temporary shelters where citizens pass
away their lives, illegal immigrants, - in short, the non-state persons
who are beyond the pale of citizenship rights, and who are not even the
proper subjects of the international law on non-state persons? The focus
in any discussion on the right to return of citizens expelled has to be
thus on the need to move away from the classical theories of
sovereignty, democracy, State, and citizenship, and take the exile, the
alien, the displaced (both internally and trans-border), and the
half-citizen as the central figure of the politics in South Asia, the
figure who is with us like the eternally accompanying shadow, so
normalised that we forget its existence which we have taken for granted.
In this physical milieu of expulsion, de-enfranchisement, and
nationalisation, the right to return is at once the most crucial
question and the most hallucinatory claim. The illusory nature in many
cases of the right to return shows the deep nature of the causes that
force displacement in the first place. The apparent reasons may go away,
while the root causes remain. Once the population groups leave, they are
reduced to extreme marginality wherefrom it becomes extremely difficult
for them to force back to their original position in their
“national” societies. Instead of durable solutions we have durable
vulnerabilities. The root causes spark off forced migration, but
marginal and vulnerable positions have a way of accumulating so that
even when causes are removed marginal positions or situations persist.
The last point that we shall discuss under this module is the relation
between refugee flow and immigration flow, and the way in which
immigration is controlled today impacts on refugee protection also. The
flow of (illegal) immigration has not only overwhelmed in some cases the
flow of refugees, it has got mixed with it also to such an extent that
we can say that aliens have appeared as a subject in the world today.
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