A. R EC O G NIT ION OF STATUS
argued at length above, the state’s sovereign prerogative in
citizenship matters is implicitly circumscribed by international
law and human rights standards. Therefore, it is the state’s
obligation to establish whether they are recognised nationals of
any other country. If the state fails in establishing that, they must
be naturalised i.e. granted Indian nationality.
It is also important to note that statelessness should not operate
as an impediment to an eventual path to Indian citizenship. The
naturalisation of stateless persons within the ambit of India’s
existing citizenship laws has precedent: the Delhi High Court in
Namgyal Dolkar ordered the MEA to issue an Indian passport to
the petitioner who, despite holding a stateless identity certificate
and being born to two Tibetan refugees, was eligible for Indian
citizenship by birth under Section 3 (1)(a) of the Citizenship
Act.142
The significance of naturalising stateless persons residing in a
State was recently followed by the ECtHR as well. In Sudita Keita,
the applicant had arrived in Hungary in 2002.143 He was
subsequently recognised as a stateless person after the local
courts recognised that the burden on the applicant to prove
lawful stay was contrary to Hungary’s international law
obligations relating to statelessness. Furthermore, in the case at
hand, the ECtHR held that the stateless applicant had been left in
a vulnerable position for 15 years without access to an effective
and accessible naturalisation procedure. With reference to
international law on statelessness, the Court highlighted that his
situation had resulted in grave difficulties in access to healthcare
and employment, and violated his right to private and family life.
This report further argues that stateless persons should be
automatically naturalised (i.e. grant of nationality) since any
formal requirements in this regard would place an undue burden
upon them. Such a process would fail to recognise the underlying
discrimination and lack of access to documents. This is visible in
142
Namgyal Dolkar v Govt. of India, Ministry of External Affairs (2010) (120) DRJ 749 (Delhi High Court).
143
Sudita Keita v Hungary App No 42321/15 (ECtHR, 12 May 2020).
chapter i • status
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SECTION II.A
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