C . EV ERY C HI LD’ S RIGH T TO A NAT IONALIT Y
Sri Lanka’s Approach to Reducing
Statelessness
Sri Lanka had enacted laws in 1986 and again in 1998 to
resolve the statelessness situation among the Hill Tamils
within its territory by conferring citizenship to the stateless
persons. However, this was unsuccessful due to the complex
and cumbersome procedures under the two legislations.
The state decided to enact another law in 2003 that sought
to automatically grant citizenship to these individuals. The
2003 law also had a provision for some other Hill Tamils
who would have been left otherwise stateless to obtain Sri
Lankan nationality through simple self-declarations.
C.2 Indian law on prevention and reduction of statelessness
among children
Indian citizenship law is yet to be modified to reflect the
treaty and customary law obligations on the nationality rights of
children. The 2003 Citizenship Amendment Act denies Indian
citizenship by birth to children born in India after 2004 if one
parent is deemed an ‘illegal migrant’ even if the other parent is
Indian. In the context of the Assam NRC, this effectively meant
that children born after 2004 – and with either parent designated
‘doubtful voter’ / ‘declared foreigner’ / ‘pending in FTs’ – were
excluded from the NRC, a status confirmed by the Supreme Court
itself.121
121
Assam Public Works v Union of India and Ors (2019) 9 SCC 70.
chapter i • status
77
SECTION I.C.2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents