Statelessness in India
To what extent have international standards concerning statelessness in the international human
rights law framework been implemented in the Indian legal system and how could they be
strengthened?1
Asha Bangar
Statelessness Working Paper Series No. 2017/02
Institute on Statelessness and Inclusion
June 2017
Author biography
Asha Bangar is a graduate of LL.M Globalisation and Law from Maastricht University, prior to which
she obtained a BA in Liberal Arts and Sciences (with a major in Law) at Tilburg University. She is
particularly interested in a Human Rights based approach in International Law and International
Relations. She is currently an intern at the Centre for European and International Affairs at the
University of Nicosia in Cyprus as a researcher.
Author email
asha.bangar92@gmail.com
Key words
India—nationality—statelessness—Asia—citizenship
Abstract
The right to nationality is essential to facilitating the actualisation of all other fundamental human
rights. While International law provides that all persons have the right to a nationality, State’s still
retain the right to determine how nationality is acquired. This article discusses the problem of
statelessness in the Indian context by examining its citizenship laws and how it actually produces
stateless persons in India. Although India is not a state party to the key Conventions on Statelessness,
it is bound to other international conventions which creates obligations for India to cooperate in its
prevention and reduction of the phenomenon. Thus, the article suggests ways in which India’s
nationality laws could be improved to bring it in line with the international legal framework on
statelessness.
1
Based on Master Thesis for LL.M Globalisation and Law at Maastricht University