people – have rarely reflected the country’s obligations under
international law. This is a severe limitation. International law is
relevant to these debates as it brings clarity on norm and policy.
It is a window to the wisdom that the global community has
accumulated across time and space. It brings to focus what rule
of law demands of India.
FRAMING
Securing Citizenship seeks to highlight India’s obligations under
international law in relation to citizenship. The report notes the
country’s obligations towards two different categories of persons.
The first category is that of stateless persons in the territory of
India. Under the 1954 Convention, stateless persons are those
who are ‘not considered as a national by any State under the
operation of its law’.9 This definition has gained the status of
customary international law. The second category – that the
report calls ‘precarious citizens’ – are those Indian nationals who
face the threat of arbitrary deprivation of nationality. Their
condition is vulnerable and their citizenship insecure since they
are facing the risk of statelessness. Precariousness indicates that
their situation is marked by uncertainty, danger and contingency.10
This precariousness may be the result of the legally instituted
citizenship determination procedures that are not fully
transparent or respect due process. These procedures may either
fail to properly appreciate evidence of nationality, or place
unduly burdensome evidentiary requirements. Precarious
citizens consequently face threat of detention, deportation and
erosion of their fundamental rights.
9 1954 Convention art 1.
10 M. Mohsin Alam Bhat, ‘Twilight Citizenship’ (2020) 729 Seminar <https://www.india-seminar.
com/2020/729/729_m_mohsin_alam_bhat.htm> accessed 5 August 2020.
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