96
SECTION III.
4. India should amend its citizenship laws to
implement more flexible naturalisation routes
India is obligated under international law on statelessness to
naturalise stateless persons in Indian territory. This applies to
persons who were stateless when they arrived in India and have
been residing in the country since then. Naturalisation would
fulfil the obligation to prevent and reduce statelessness by
operationalising their right to nationality. The present practice
of examining elements such as the length of the stay in the
territory, place of birth, family situation, establishment of
permanent residence in the country, integration within society,
share of a common culture, knowledge of the language and
history would prove ineffective as a blanket solution to the issue.
Given the socio-economic deprivation of stateless persons, they
may be left out if the authorities exercise their discretion on the
above-mentioned elements. The 2003 Sri Lankan law on grant of
nationality shall be followed as the best practice. NGOs and legal
aid organisations could play a role in enumerating the potential
beneficiaries and assist them in accessing the resultant citizenship
documents.
SECURING CITIZENSHIP
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents