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Author	Asst Prof Dr. Amit Ghosh
Organisation/Institution	MAULANA ABDUL KALAM AZAD UNIVERSITY OF TECHNOLOGY, WEST BENGAL
Country	INDIA
Panel	Human Rights
Title	Tragedy of Justice - Migration, Statelessness, and Citizenship Questions in an Indian Perspective
Abstract	This abstract analyses the critical challenges of migration, statelessness, and citizenship determination in the Indian context, arguing that hyper-vigilant state mechanisms risk producing internal statelessness. The focus is on the impact of the Special Intensive Revision (SIR) mechanism—an Election Commission-led, comprehensive voter roll verification drive—which, in practice, operates as a de facto citizenship test, placing an undue burden of proof on historically marginalised individuals. These processes often fail to account for internal migration, lack of documentation, and institutionalised poverty, conflating legitimate citizens with ‘illegal migrants.’ The ensuing legal vulnerability and systematic exclusion from the electoral roll demonstrate a significant degradation of substantive citizenship rights. This tension is powerfully illuminated by the Bhodu Sekh v. Union of India judgment, where the Calcutta High Court intervened against the arbitrary detention and hasty deportation of Indian residents suspected of being foreign nationals. The ruling underscored the executive's disregard for due process (Articles 14 and 21) and the fundamental principle of non-refoulement, even in the absence of formal state recognition for refugees. The study concludes that India’s current, security-driven approach to citizenship verification, particularly through the SIR mechanism, prioritizes administrative exclusion over constitutional protection, leading to severe human rights violations and the manufactured crisis of statelessness.
Biography	Dr. Amit Ghosh is an accomplished Assistant Professor of Law at the Department of Law, MAKAUT, West Bengal, where he has also served as the Head of the Department since January 2023. He holds a Ph.D. in Law, awarded in 2022 by The West Bengal National University of Juridical Sciences (W.B. N.U.J.S.), Kolkata, with a thesis titled, "A Critical Study of Child Trafficking in the Border District of West Bengal". Dr. Ghosh is a qualified UGC NET-NTA (December 2018) and completed his LL.M. in Criminal Law and Corporate Law from The Indian Law Institute, New Delhi, in 2014. His prior professional roles include Teaching Associate and Assistant Professor of Law at The Neotia University, and State Aided College Teacher (SACT-I) in the Surendranath Law College. He has been involved in significant research projects, including one on "Judicial Activism and the Rights of the persons with Disabilities" at WBNUJS. His expertise is reflected in his numerous publications, including articles in SCOPUS and UGC CARE journals , an authored book, and an edited book. A recognized Resource Person for organizations like UNICEF India , Dr. Ghosh is a life member of the Indian Society of Victimology and the Indian Society of Criminology. He specialises in Constitutional Law, Criminal Law, Socio-Legal Research, and International Human Rights.