SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA Sub-Regional Overview: South Asia Countries Covered: Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, Sri Lanka Laws Citizenship Law Jus sanguinis and/or jus soli provisions The citizenship laws of six out of eight States (Afghanistan, Bhutan, India, the Maldives, Nepal and Sri Lanka) operate through jus sanguinis structures. While the laws of all of these States are underpinned by the same principle of citizenship by descent, there is great variance in the structure of their laws, with many containing complex limitations on the granting of citizenship. The laws of two States (Afghanistan and Bhutan) provide an automatic grant of citizenship where a child is born within or outside of the State to two citizen parents.1866 While the citizenship law of Afghanistan also provides avenues of acquisition for children born in the country to one citizen parent and for those born outside the country to one citizen parent with mutual consent from the parents, the law of Bhutan does not have any such provisions.1867 The citizenship laws of two States (India and Sri Lanka) provide some differential treatment between children born within or outside of the country. Indian citizenship also operates through a jus sanguinis structure, with children born in India only considered citizens by birth if both parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant.1868 Children born outside of India to at least one Indian parent are considered citizens by descent so long as their birth is registered, and they are not also considered citizens of another country.1869 Sri Lankan citizenship is provided through jus sanguinis provisions providing for automatic citizenship for children born in Sri Lanka to a Sri Lankan citizen parent.1870 For children born outside of Sri Lanka to a citizen parent, their birth must be registered for their citizenship to be recognised.1871 The citizenship laws of six out of eight States (Afghanistan, Bhutan, India, the Maldives, Nepal and Sri Lanka) operate through jus sanguinis structures. 170 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 171

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