48
SECTION I.A.1
see Section I.A.3 (Chapter I),
pg 50
state in their formal legal status alone are clear, as can be seen
with the aforementioned situation in Assam. The expanded test
ensures that the limitations of Nottebohm do not invalidate the
rights vested in individual personhood, which form the basis of
an individual’s claim to effective nationality.30 Thus, the right to
nationality along with prevention and reduction of statelessness
in international law, supplemented with international human
rights law, results in a concrete obligation on the state to grant
and recognise (as well as not arbitrarily deprive) nationality of
individuals with a genuine link to the state.
Hence, precarious citizens in Assam have a genuine link
to India and are living in their ‘own country’ by the virtue of their
long-term residence, family relations, and intentions to remain.
They also do not have any such ties to another country, specifically
the alleged country of nationality – Bangladesh. The government
of Bangladesh has maintained that none of its citizens are in
Assam.31 Their right to nationality must be recognised in India
and the state cannot arbitrarily deprive them of their nationality
[↘]. The nationality of stateless persons residing in India shall
also be recognised based on their residence and assimilation in
India. It will operationalise their right to nationality as per
Nottebohm and expansive account of nationality in international
human rights law.
30 Audrey Macklin, ‘Is It Time to Retire Nottebohm?’ (2017) 111 AJIL Unbound 496.
31 ANI, ‘No Relation To Us, Says Bangladesh On Illegal Immigration Amid Assam Row’ (NDTV 1 August
2018) <https://www.ndtv.com/india-news/no-relation-with-us-bangladesh-on-illegal-immigrants-inassam-1893131> accessed 21 July 2020. See also PTI, ‘CAA, NRC ‘internal matters’ of India: Bangladesh
PM’ The Economic Times (19 January 2020) <https://economictimes.indiatimes.com/news/politicsand-nation/caa-nrc-internal-matters-of-india-bangladesh-pm/articleshow/73374451.cms> accessed
21 July 2020.
SECURING CITIZENSHIP