C.3 C ONCLUSION AND RECOMMENDATIONS
80
SECTION I.C.3
There is a core obligation on the Indian state under international
law and domestic law to not create statelessness among children
and to grant citizenship to those children who would otherwise
be rendered stateless. Furthermore, India is obligated to ensure
that all children born in Indian territory are registered at birth.
Recommendations in this regard, include:
..
India should provide an automatic path to citizenship to all
the children born in India who would otherwise be rendered
stateless. The 1986 and the 2003 amendments to the Citizenship
Act must be done away with, keeping the pre-1986 amendment
jus soli principle intact. Good practices in this regard include:
–– The 2010 amendment to the Nationality Law of GuineaBissau provides – ‘A Guinean citizen is... anyone who is born
in the territory and who does not possess another nationality’.129
–– The Bulgarian Citizenship Act after recent amendments
states that a ‘Bulgarian citizen by place of birth is every person
born within the territory of the Republic of Bulgaria who has
not acquired another citizenship by origin’.130
–– By the new comprehensive Nationality Act adopted in 2003,
Finland stipulated that all children born in Finland who would
otherwise be stateless would automatically acquire Finnish
nationality at birth.131
–– The French Civil Code provides for the acquisition of
nationality of a child born in France who would otherwise be
stateless.132 It is important to note that the courts in the country
129 UNHCR ‘Good Practices in Nationality Laws for the Prevention and Reduction of Statelessness Handbook for Parliamentarians’ (2018) 22-23 <https://www.refworld.org/docid/5be41d524.html>
accessed 11 May 2020.
130 Bulgarian Citizenship Act 1999, art 10.
131 Nationality Act 2003 (Finland), s 9.
132 UNHCR, ‘Good Practices Paper: Action 2 - Ensuring that no child is born stateless’ (2017) 8-9 <https://
www.refworld.org/docid/58cfab014.html> accessed 3 August 2020.
SECURING CITIZENSHIP
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