STRUCTURE
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The report is divided into three chapters, viz. status, detention
and socio-economic rights. the first chapter discusses the
status of precarious citizens in Assam and stateless persons in
the Indian territory. It highlights the legal requirement to
recognise their right to nationality and the ways in which it shall
be implemented. It highlights the duty of the state to prevent and
reduce statelessness. It argues that precarious citizens cannot be
subjected to arbitrary citizenship deprivation procedures and
threatened with statelessness. The chapter also specifically
focuses on the state obligation to prevent statelessness among
children.
Detention of precarious citizens and the stateless is one of the
most urgent issues. Yet the legal norms governing this remain
the least developed in the area. the second chapter on
detention covers the prohibition of arbitrary detention of
precarious citizens and stateless persons. In the light of ongoing
detention of precarious citizens in Assam, the chapter elaborates
the underlying prohibition of indefinite detention along with the
applicable procedural rights and remedies. It highlights the
paramount obligation to ensure the rights of child detainees. It
also suggests alternatives to detention for stateless persons in
India.
the third chapter focuses on the legal norms related to the
protection of basic rights such as the right to health, food and
nutrition, housing, education and employment of stateless
individuals and precarious citizens. It further develops the
applicable norms regarding children’s social, economic and
cultural rights given the higher protection of rights available to
them. It strongly suggests better access to documentation since
it is fundamental to access these rights.
M. Mohsin Alam Bhat and Aashish Yadav
New Delhi
September 2020
SECURING CITIZENSHIP