Executive Summary
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Citizenship is fundamental to realise the full extent of human
rights. Stateless persons suffer from a lack of access to their
rights since they are not citizens of any state. Precarious citizens
– whose nationality status is in a limbo – stand at the risk of
statelessness and erosion of rights. This report aims to comment
on and review existing law and policy on statelessness in India. It
is divided into three chapters – Status, Detention and SocioEconomic Rights. Each chapter provides a framework of law and
policy by examining Indian law, international law and global best
practices that India should follow to fulfil its obligations towards
precarious citizens in Assam and stateless persons in Indian
territory. Each chapter concludes with recommendations to
strengthen the existing law and policy.
the first chapter of this report employs international and
Indian jurisprudence to discuss the legal status of precarious
citizens in Assam and stateless individuals in India. It is divided
into three sections. The first two sections address the issue of the
legal status of the two groups, respectively, while the third section
summarises the arguments and the key recommendations made
throughout the chapter. The first section argues that there exists
a right to nationality for every individual and that an individual
who has a ‘genuine link’ to India must have Indian nationality.
This obligation upon the Indian state has been qualified by
elaborating upon the right of an individual not to be arbitrarily
deprived of their Indian nationality. This section further develops
another ancillary obligation upon the Indian state to prevent
statelessness within its territory. It argues that precarious citizens
in Assam are Indian citizens facing arbitrary deprivation of
nationality and their Indian citizenship must be automatically
affirmed. The section ends with a special focus on the right to
nationality of children. The second section stresses the need for
SECURING CITIZENSHIP