II. Legal Recognition of
Statelessness in India
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SECTION II.A
A.
RECOGNITION OF STATUS
Statelessness poses a moral and normative challenge to the
legitimacy of the international state system. In simpler terms,
since the world is comprehensively divided between nation
states, then every person should be able to claim citizenship and
its attendant rights somewhere135 Yet, thousands of people around
the world face barriers in claiming citizenship rights in any
nation because of several aggravating factors.
There are several stateless groups in India who either arrived or
were born in India as stateless persons, such as the Tibetans and
the Rohingyas. This section pertains to these stateless persons in
Indian territory whose citizenship was not deprived as a result of
any action of the Indian state. They have no avenues of return to
their country of nationality as a result of their statelessness i.e.
their state does not accept them as nationals. Thus, they are
prohibited from exercising their right to return.136 In this
situation, they cannot be deported and continue to reside in
India as subjects of a legal framework which does not formally
recognise their status.
A close reading of the Indian domestic law framework governing
the status of non-citizens reveals that the definitional categories
determining the legal status of an individual are inadequate for
135 Matthew Gibney, ‘Statelessness and Citizenship in Ethical and Political Perspective’ in Alice Edwards
and Laura van Waas eds., Nationality and Statelessness under International Law (CUP 2014) ch 2, 45.
136 Article 13(2) UDHR.
SECURING CITIZENSHIP
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