Statelessness Working Paper Series No. 2017/02
shall be directed to “the development of respect for the child’s parents, his or her own cultural
identity, language and values”59 and that children belonging to “States in which ethnic, religious or
linguistic minorities or persons of indigenous origin exist” shall not be denied to practice their
language. For a socio-linguistically diverse country like India, Rule No.10 adopts an exclusionist
approach to naturalisation. Moreover, those who are stateless most likely have no formal education
or documents to prove their qualifications and thus such requirement could be an impediment if they
fulfil all other requirements.
Naturalisation may be the only alternative for stateless persons who are not eligible for other avenues
to Indian citizenship. Article 32 of the 1954 Convention requires States to “as far as possible facilitate
the assimilation and naturalisation of stateless persons […] in particular make every effort to expedite
naturalisation proceedings and to reduce as far as possible the charges and costs of such
proceedings.”60 Instead of facilitating naturalisations of stateless persons, the criteria laid out in the
Citizenship Act concerning naturalisation are simply too rigid to consider stateless persons. Although
the provisions in the Citizenship Act concerning naturalisation do not create statelessness per se, they
do sustain the problem as they bar stateless persons from obtaining Indian citizenship through
naturalisation.
2.2.5 Renunciation of Citizenship
Section 8 of the Indian Citizenship Act provides for the renunciation of Indian Citizenship. This is
aligned with Article 15 (2) of the UDHR which states that everyone has the “right to change their
nationality.”61 However the procedure does not at any point request authoritative proof or assurance
of the subsequent nationality that the person has acquired or intends to acquire; the declaration form
merely requires the applicant to mention ‘(second) nationality’.62 In circumstances where citizenship
renunciation is registered before the person has successfully acquired the nationality of another State,
the person is vulnerable to the risk of statelessness. This is not in line with Article 7(1)(a) of the 1961
Convention which requires States to not permit the renunciation of nationality unless the individual
possesses or acquires another nationality.63
According to the Tunis Conclusions, States must ensure that renunciation of citizenship would not
result in statelessness by “providing for a lapse of the renunciation if the individual concerned fails to
acquire the foreign nationality within a fixed period of time.”64 As a result the renunciation should be
considered void, thus preventing the risk of statelessness. The Conclusions noted that some
Contracting States require applicants intending to naturalise to have renounced their former
nationality and give assurance that the naturalisation would be granted followed by proof of
59
Article 29(c), UNGA, Convention on the Rights of the Child, 20 November 1989, United Nations, UNTS, vol.
1577, p. 3
60
Article 32, Article 1, UNGA, Convention Relating to the Status of Stateless Persons, 28 September
1954, UNTS, vol. 360.
61
Article 15(2), Universal Declaration of Human Rights, 10 December 1948, 217 A (III)
62
Rule 23 (in conjunction with Form XXII), The Citizenship Rules, 2009
63
Article 7 (1)(a), UNGA, Convention on the Reduction of Statelessness, 30 August 1961, UNTS, vol. 989
64
UNHCR, ‘Expert meeting: Interpreting the 1961 Statelessness Convention and Avoiding Statelessness
resulting from Loss and Deprivation of Nationality: Summary Conclusions.’ ("Tunis Conclusions"), November
2013, para 42
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