the recognition of a legal status for stateless persons in India.
The section concludes by elucidating the core obligation on the
Indian state to grant nationality to stateless individuals within its
territory using the arguments made in the first section itself.
Among other key recommendations made throughout this
chapter, it is argued that India should first sign and ratify the two
statelessness conventions and the CRMW.
the second chapter concerns the protection of civil and
political liberties of individuals who have been deprived of their
citizenship. The rampant reliance on detention for deportation
in India poses a grave threat to the life and liberty of individuals.
In view of the same, it extends a four-pronged argument. Firstly,
the chapter argues that arbitrary detention of precarious citizens
and stateless persons is prohibited since deportation does not
serve as a legitimate purpose for them and is disproportionate.
Despite this prohibition, there is evidence to show that precarious
citizens in Assam are being indefinitely detained. This section
further argues for the prohibition of indefinite detention as it is
inherently arbitrary. Secondly, there are numerous alternatives
to detention available in situations requiring determination of
nationality of precarious persons where the state often argues
that detention is warranted. These principles must be cautiously
resorted to while ensuring that they never become alternative
forms of detention. They are endorsed by international law,
various national best practices and by the jurisprudence of the
Supreme Court of India, and are in line with the principle of
minimum intervention. Thirdly, detention for deportation
cannot be devoid of procedural and substantive rights which are
generally available to all incarcerated persons. These rights
involve, among others, the right to legal aid, the right to review,
the right to information and notice, and the right to release.
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