Statelessness Working Paper Series No. 2017/02
assumption of nationality can be very dangerous, the Geneva Conclusions provide the mechanisms
for determining who is a stateless person, and the status and appropriate standards of treatment for
such persons.103
2.3.4 Passports Act, 1967
Under Article 28 of the 1954 Convention, States are required to “issue stateless persons lawfully
staying in their territory travel documents for the purpose of travel outside their territory [and] give
sympathetic consideration to the issue of such a travel document to stateless persons in their territory
who are unable to obtain a travel document from the country of their lawful residence.”104 The
Passports Act, 1967, issues three types of documents: passports, travel documents and certificates of
identity. Under Part II of the Passport Rules, 1980, “stateless persons residing in India, foreigners,
whose country is not represented in India, or whose national status is in doubt” may qualify for a
‘Certificate of Identity’.105 The Passports Act is by far the most advanced Indian legislation relating to
statelessness, as it is the only law so far that recognises such persons in their own category and
provides them with an identification document. Nevertheless, clarifications can be made to improve
the Act. For instance, a residential permit is required for the application for the issuance of Certificate
of Identity. The Rules do not clarify the procedure or criteria for obtaining such residential permit and
thus it remains unclear whether a stateless person would be qualified for it. Moreover, the form
requires the applicant to provide the information as to his/her “last permanent address abroad,” 106
which is based on the presumption that the individual is a migrant from abroad and fails to consider
individuals who may have been residing in India but do not have the necessary documents to prove it,
thus this section could be removed or altered.
3. Regional Agreements
3.1 Assam Accord, 1985
The Accord between AASU, AAGSP and the Central Government on the Foreign National Issue (Assam
Accord), 1985,107 was a memorandum of settlement signed between the Indian Government and the
Assam Movement, which marked the end of the anti-foreigner agitation. Attempts to mitigate
minority rights issues gave rise to arbitrary ex lege loss of citizenship in Assam.108 Thus, by virtue of
the accord persons who entered Assam: Before 1 January 1966 would be regularised and granted full
Indian citizenship rights; after 1 January 1966 but before 24 March 1971 would be detected and
registered as ‘foreigners’ and deleted from electoral rolls for at least 10 years; illegally after being
103
UNHCR, ‘Expert meeting: Stateless Determination Procedures and the Status of Stateless Persons: Summary
Conclusions.’ ("Geneva Conclusions"), 6-7 December 2010.
104
Article 28, UNGA, Convention Relating to the Status of Stateless Persons, 28 September 1954, UNTS, vol.
360.
105
Class 2, Schedule II, Part II, Passport Rules, 1980
106
Ibid.
107
Accord between AASU, AAGSP and the Central Government on the Foreign National Issue (Assam Accord),
1985
108
Ghosh, D.P.S., 'Migrants, Refugees and the Stateless in South Asia,’ SAGE Publications India Pvt. Ltd., New
Delhi, 2016, pp. 95-96
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