Statelessness Working Paper Series No. 2017/02
Article 253 of the Constitution gives the Parliament “power to make any law for the whole or any part
of the territory of India for implementing any treaty, agreement or convention with any other country
or countries or any decision made at any international conference, association or other body,” which
shows that India is in favour of international law however in practice it has not been fulfilling its human
rights obligations under international law on matters relating to statelessness. In the context of
inadequate consensus on international standards which do not consider the geopolitical complexities
of statelessness, India has favoured to enter into regional agreements to address statelessness
instead.128
However, the existing ad hoc measures taken to deal with stateless persons appear to be founded on
selective political conveniences rather than fostering respect for the rights of stateless persons under
international law. Such methods will not adequately address issues of statelessness in the long-term
until a uniform law on the protection of stateless persons is enacted as it would create a framework
by which the status of stateless persons would be accorded based on the principle of equality and
agreed standards of determination and treatment. Such a framework has the potential to reduce
frictions in India’s bilateral relations, as the act would be understood as a humanitarian and legal
action, rather than a political calculation. Even if there is a regional agreement in place to handle
stateless persons between India and other parties, it is advisable that India either accedes to the
Conventions on Statelessness or enacts its own laws with the view of ensuring mechanisms catering
to and preserving the rights of existing stateless persons but also preventing future statelessness.
5. Conclusion
This article aimed to analyse India’s nationality laws in light of the current international legal
framework surrounding statelessness. Statelessness in India, much like the rest of the world, is caused
by a variety of factors. The continuing difficulties of decolonisation paired with new socio-political
trends have heavily had an influence on the restrictive citizenship laws. The possible avenues open to
stateless persons to acquire citizenship would be through registration or naturalisation, however
there are certain provisions in the Citizenship Act in conjunction with the Citizenship Rules that create
obstacles for stateless persons to acquire citizenship. Moreover, there are no safeguards against
statelessness arising from renunciation, termination or deprivation of nationality, in fact they seem
rather punitive. Without positive action by the State to change the discriminatory nationality laws,
statelessness will continue being passed on from one generation to the next. Thus it should be in the
interest of India to accede to the Stateless Conventions and change its Citizenship laws as provided.
In order to address current issues of statelessness efficiently and secure a results based method of
preventing future statelessness, it is imperative that India accede to the 1954 and 1961 Conventions
on Statelessness and implement them into domestic law. Acceding to the Conventions would create
positive obligations on India’s part by requiring it to make the necessary changes in its national
framework. By acceding to the Conventions, India would be obliged to incorporate the internationally
accepted standards relating to nationality into its corresponding legislative provisions. This is desirable
not only for stateless persons as such a move would strengthen national frameworks on nationality
laws and allow such persons to access their rights and privileges as per the Conventions, but would
128
See Sen, S., “Paradoxes of the International Regime of Care,” Refugees and the State: Practices of Asylum
and Care in India, 1947-2000, SAGE Publications Pvt. Ltd., New Delhi, 2003, pp. 404-405.
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