Statelessness Working Paper Series No. 2017/02
renunciation of their foreign nationality. There is an implicit obligation in the 1961 Convention that
once issued, assurances should not be withdrawn on grounds that conditions of naturalisation are not
fulfilled, as this could result in statelessness. As an alternative to issuance of an assurance, some States
provide that naturalisation is granted against a pledge by the individual to renounce his/her foreign
nationality and set a fixed timeline for submitting the proof of the renunciation, which if not
submitted, renders the naturalisation application null and void.65 In light of this it can be said Indian
provisions on voluntary renunciation of nationality are not aligned with the international legal
standards.
Another consequence is that the renunciation of Indian citizenship as a parent would have a direct
effect on the nationality of his/her child. Section 8(2) of the Act provides that where a person ceases
to be an Indian citizen via renunciation, “every minor child of that person shall thereupon cease to be
an Indian citizen.”66 There is no clarification provided on the status of the child where one parent
renounces their Indian citizenship while the other does not. The lack of safeguards provided under
Section 8 have the potential to create childhood statelessness which is in contravention of Article 6 of
the 1961 Convention requiring states not to deprive children of their nationality until they possess or
acquire another nationality, and Article 8 of CRC which requests states to preserve the identity of the
child, including his/her nationality.67
2.2.6 Termination of Citizenship
The Tunis Conclusions clarified the distinction between the terms ‘loss’ and ‘deprivation’ of nationality
in the 1961 Convention. ‘Loss’ is used in Articles 5-7 of the Tunis Conclusions when referring to the
automatic withdrawal of nationality by operation of law (ex lege); while ‘deprivation’ is used in Article
8 referring to situations where the withdrawal is initiated by the authorities of the State.68 The UN
Human Rights Council has established that ‘deprivation’ in the UDHR also includes arbitrary ex lege
loss of nationality.69 The Indian Citizenship Act, 1955 considers both ‘loss’ and ‘deprivation’ of
nationality and addresses them in two provisions: Section 9 considers the ‘termination of citizenship’
or loss of citizenship by operation of law; while Section 10 considers the ‘deprivation of citizenship’
initiated by Governmental action.
Under Section 9 of the Citizenship Act, any Indian citizen who either by naturalisation, registration or
otherwise voluntarily acquires/acquired the nationality of another country, ceases to be an Indian
citizen.70 The Central Government may determine the issues as to whether, when or how any Indian
citizen acquires the citizenship of another country with due regard provided in Schedule III of the
65
Ibid, para 45
Section 8(2), The Citizenship Act, 1955
67
Article 8, UNGA, Convention on the Rights of the Child, 20 November 1989, United Nations, UNTS, vol. 1577,
p. 3
68
UNHCR, ‘Expert meeting: Interpreting the 1961 Statelessness Convention an Avoiding Statelessness resulting
from Loss and Deprivation of Nationality: Summary Conclusions.’ ("Tunis Conclusions"), November 2013, para 9
69
UN Human Rights Council, ‘Human Rights and Arbitrary Deprivation of Nationality’, A/HRC/RES/20/5, 19
December 2013, para 3
70
Section 9, The Citizenship Act, 1955
66
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