50 SECTION I.A.3 leave her stateless. The Court used two instruments to bolster its argument – Article 15 of the UDHR and Section 8 of the Foreigners Act, 1946. Both taken in combination clearly established that doubting the petitioner’s nationality at such a stage was manifestly unjust, and that she could be ascribed only Indian nationality. A.3 Right against arbitrary deprivation of nationality All individuals have a right against arbitrary deprivation of nationality. This right is an important safeguard especially in situations where the deprivation of nationality leads to statelessness. Article 15(2) of the UDHR prohibits arbitrary deprivation of nationality. It is interesting to note that at the time of the drafting of the UDHR, India and UK played an instrumental role in the introduction of this right into the draft Article 15.34 The UN General Assembly has also termed this right as one of the ‘fundamental principles of international law’.35 It is crucial to understand what ‘arbitrary’ and ‘deprivation of nationality’ mean in this context. It has been established by the Human Rights Committee that the ‘notion of “arbitrariness” must not be equated with “against the law” but be interpreted more broadly to include such elements as inappropriateness and injustice’.36 This broad interpretation includes human rights protections which ensure that even ‘lawful’ interference must be in accordance with provisions, aims and objectives of the law and must also be reasonable.37 Deprivation of nationality, on the other hand ‘refers to any loss, withdrawal or denial of nationality 34  Shamima Begum v Special Immigration Appeals Division [2020] EWCA Civ 918. See ‘Skeleton Argument of the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Combating Terrorism’ (Intervenor in the case) <https://www.ohchr.org/Documents/ Issues/Terrorism/SR/2020_05_29_FINAL_Begum_Intervention.pdf> accessed 21 July 2020. 35 UNGA Res 50/152 (9 February 1996) UN Doc A/RES/50/152. See also Institute on Statelessness and Inclusion, ‘Draft Commentary to the Principles on Deprivation of Nationality as a National Security Measure’ (2020) <https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf?mc_ cid=8f33a5dc1c&mc_eid=570b60c7a9> accessed 19 July 2020. 36  A v Australia Comm no 560/1993 (UN Human Rights Committee, 30 April 1997). 37 UN Human Rights Committee ‘CCPR General Comment No. 16: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation (Article 17)’ (1988), para 4 <https://www.refworld.org/docid/453883f922.html> accessed 20 July 2020. SECURING CITIZENSHIP