Structure
This chapter addresses the legal status of stateless individuals
and precarious citizens in India. It extensively delves into the
right to nationality and draws attention to the stakes and
consequences of loss of nationality status on individual rights. It
situates Indian laws and procedures relating to nationality and
statelessness within the norms and frameworks of international
law. By doing so, the chapter highlights the gaps in Indian practice
and advocates for greater protections for persons on the brink of
statelessness. The first section of this chapter lays out two
intertwined standards in international law – the right to
nationality for every individual, and the duty on states to prevent
and reduce statelessness. These two standards, when combined
with India’s human rights obligations, affirm that under
international law, every individual has a right to nationality and
States are prohibited from arbitrarily depriving individuals of
this foundational right. Moreover, all those individuals who have
a genuine connection to India can only enforce this right through
India. This argument is particularly relevant but not limited to
persons excluded from the NRC in Assam, whose citizenship
status is on the slippery slope towards statelessness. It further
places a special emphasis on the right to nationality for children.
The second section asserts the need for legal recognition of all
stateless persons in Indian territory. Recognition of legal status
should operate as the first step towards the eventual naturalisation
of stateless persons, drawing from international best practices
towards the prevention and reduction of statelessness. The
chapter ends with recommendations to harmonise India’s
citizenship laws with the prevailing international law norms and
customs relating to statelessness.
chapter i • status
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SECTION