Papers by Ishita Chakrabarty
T.M.C. Asser Press eBooks, Nov 26, 2022
The Transnational Human Rights Review, 2021
This essay explores the reasons behind describing India's Citizenship practices (now modified thr... more This essay explores the reasons behind describing India's Citizenship practices (now modified through the Citizenship Amendment Act 2019) as 'persecutory'. In doing so, the essay refers to the international law on citizenship conferment and withdrawal that has traditionally been viewed as exclusive to a state's sovereign domain. The essay also looks into the socio-political dynamics, past persecutory conduct exemplified by the Assam-NRC exercise and the lack of protection afforded by those entrusted with the legal duty of conferring and withdrawing citizenship. The essay further uses the Assam-NRC exercise as a case study to claim that there exist well-founded grounds for believing that a subsequent action of this nature will involve real risks for the country's 200 million Muslim population.
Indiana International & Comparative Law Review, 2021
This Article takes the example of Kashmir as a longstanding dispute, to illustrate the complexity... more This Article takes the example of Kashmir as a longstanding dispute, to illustrate the complexity that is self-determination. The Article shows that even massive human rights violations coupled with seizure of a sub-State group's right to autonomy may not be enough. The international community appears to be wary of taking a stand on a sub-State group's right to self-determination because of apprehensions that they may pass into norms, for it is in the interest of every state that their territorial integrity is not permanently altered through the exercise of external self-determination. The success of a sub-State group's legitimate claims has always been preceded either by coercive military (e.g., Kosovo, Bangladesh) or non-military interventions (e.g., East Timor). In invoking the Responsibility to Protect and the growing importance of the human rights framework, this Article attempts to show that the international community must reassess its stand. * Ishita Chakrabarty received her BA LL.B (Hons.) from Hidayatullah National Law University. She is currently engaged in the role of Research Officer at Quill Foundation, New Delhi, India, where she works over matters related to citizenship, counter-terrorism and minority rights. Her area of interests include refugee laws and international humanitarian law. The Author wishes to thank Ariel Lynn Anderson and the entire editorial team at Indiana International and Comparative Law Review for their support.
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Papers by Ishita Chakrabarty