CRISIS OF CITIZENSHIP The world is witnessing a crisis of citizenship. Security of citizenship was meant to be a settled debate. But there has been a resurfacing of statelessness and other instances of loss of citizenship across the world.2 States in some cases have resorted to revocation of citizenship. They have also taken measures that dilute the security of citizenship status.3 India is no exception. Particularly over the last few years, the Indian state has proposed or implemented policy measures that have a bearing on the citizenship of many of its residents. The country also has numerous communities that are stateless. Yet it does not have a legally informed policy on the issue. This context demands a clear statement on the content of the Indian state’s legal obligations under international law vis-à-vis citizenship both towards its own citizens and the individuals who are stateless. The foundation of these obligations is Article 15 of the Universal Declaration of Human Rights (‘UDHR’) that proclaims every individual’s right to a nationality. The right mandates that individuals shall not be deprived of their nationality nor denied the right to change nationality. It recognises the fundamental character of political belonging. It is – in Hannah Arendt’s oftquoted and iconic characterisation – the right to have rights. As Arendt had pointed out, membership in political communities is indispensable for respecting and preserving human dignity and agency. Individuals without protected political membership are bound to be rendered voiceless and seriously vulnerable to violence. International law has appreciated this over the last many decades. The first international convention on statelessness 2 Guy S Goodwin-Gill, ‘Statelessness is back (not that it ever went away…)’ (EJIL: Talk!, 12 September 2019) <https://www.ejiltalk.org/statelessness-is-back-not-that-it-ever-went-away/> accessed 24 May 2020. See also Michelle Foster and Hélène Lambert, ‘Statelessness as a Human Rights Issue: A Concept Whose Time Has Come’ (2016) 28(4) International Journal of Refugee Law 564. 3 See Open Society Justice Initiative, ‘Unmaking Americans’ <https://www.justiceinitiative.org/ publications/unmaking-americans> accessed 16 May 2020; Émilien Fargues and Elke Winter, ‘Conditional membership: what revocation does to citizenship’ (2019) 23(4) Citizenship Studies 295; Laura van Waas, ‘Foreign Fighters and the Deprivation of Nationality: National Practices and International Law Implications’ in Andrea de Guttry, Francesca Capone and Christophe Paulussen (eds), Foreign Fighters under International Law and Beyond (T.M.C. Asser Press 2016).  introduction 29

Select target paragraph3