Statelessness Working Paper Series No. 2017/02 (derived from the person’s membership to territories that were incorporated into India, i.e. Goa, Daman and Diu,26 Dadar and Nagar Haveli,27 Pondicherry,28 and Sikkim.)29 The Citizenship (Amendment) Act, 1986 transformed the system from a jus soli regime to a system largely based on jus sanguinis. Thus anyone born after the commencement of the Constitution on 26 January 1950 but before 1 July 1987 would be a citizen; however anyone born on or after 1 July 1987 would only be a citizen by birth if either parent is an Indian citizen.30 This was in response to the large influx of migrants and refugees that were coming into India and raising concerns of national interest, particularly in the state of Assam.31 This led the Government to become more stringent on the provisions of its nationality laws by introducing the Citizenship (Amendment) Act, 1986. The Act also inserted Article 6(A) which created special provisions as per the Assam Accord.32 Anyone of Indian origin33 entering Assam before 1 January 1966 from a “specified territory”34, and resided in India since were deemed Indian citizens.35 On the other hand, those entering Assam on or after 1 January 1966 but before 25 March 1971 from the specified territory, were ordinarily resident in Assam and identified as a foreigners36 could register for citizenship.37 The second category of persons would have the same rights as citizens except for voting rights.38 Persons who did not qualify for either of the two were considered illegal migrants and rendered stateless. The Citizenship (Amendment) Act of 1992 brought a positive change in relation to gender discrimination in India’s citizenship law. Section 4 of the Principal Act provided that a person born after 26 January 1955 but before the commencement of the Act is an Indian citizen by descent if the father is Indian at the time of birth. This provision was amended by the Citizenship (Amendment) Act of 1992 which provided that persons shall be Indian citizens if either of his/her parents is Indian. It further replaced all references made to "male persons" with "persons" thus bringing India in line with Article 9(2) of the Women’s Convention which requires States to grant women equal rights regarding the nationality of their children. The Citizenship (Amendment) Act, 2003 (6 of 2004) made major changes to the Principal Act. The Act originally required residency in India or service of a Government in India for twelve years for periods amounting in the aggregate of a minimum of nine years to be eligible for naturalisation; this was 26 Goa, Daman and Diu Citizenship Order, 1962 Dadar and Nagar Haveli (Citizenship) Order, 1962 28 Pondicherry Citizenship Order, 1962 29 Sikkim (Citizenship) Order, 1975 30 Section 3 (1), The Citizenship (Amendment) Act, 1955 31 See Chandra, B., Mukherjee, M., Mukherjee, A., ‘India since independence’, Penguin Books India Pvt. Ltd., New Delhi, 2008, p. 403 32 See Chapter 4.1 33 If either of his/her parent or grandparent was born in undivided India 34 Territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1986 35 Section 6A (2), Citizenship (Amendment) Act, 1985 36 As per the Foreigners (Tribunal) Order 1964 37 Section 6A (3), Citizenship (Amendment) Act, 1985 38 Section 6A (4), ibid. 27 3

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