Statelessness Working Paper Series No. 2017/02 1. Introduction 1.1 Statelessness Article 1 of the 1954 Convention relating to the Status of Stateless Persons (1954 Convention) defines a ‘stateless person’ as someone “not considered as a national by any state under the operation of its law.”2 The bond of nationality, a legal bond between an individual and a State, denotes membership which results in reciprocal rights and duties. There are two main doctrines for granting nationality at birth: jus soli, which is conferred on the basis of birth in the country; and jus sanguinis, which is conferred based on parents’ nationality. The implications of lack of (effective) nationality leaves stateless persons disenfranchised, making them victims of ineffective governance and discrimination, and other violations of fundamental human rights.3 Despite advances in international law regarding the protection of stateless persons, India has been reluctant to incorporate them into national legislation. Thus, it is not surprising that there is a gap in the literature and data regarding statelessness in India4. In fact, Indian nationality5 laws have become even more restrictive since independence in 1947. Decolonisation led to partition of British India and creation of two sovereign States: India and Pakistan. This caused a large mass migration of approximately 14 million people who became displaced, moving either to Pakistan (mostly Muslims) or to India (mostly Hindus and Sikhs).6 Grounds for granting Indian citizenship were based on legal status, depending on when they entered India. Decolonisation also affected the legal status of many Indians who were sent to Sri Lanka during colonial times, and were rendered stateless upon Independence.7 To this day, many individuals and communities are still recovering from the legal implications of decolonisation, especially stateless persons.8 Furthermore, over recent years, thousands of refugees—including stateless refugees— fleeing persecution such as Rohingyas9 and Tibetans10 have sought shelter in India.11 While India has a long-standing history of hosting a large number of refugees and stateless persons, it does not legally recognise them, which creates problems of integration. This article will examine to what extent relevant international human rights provisions and international standards for the identification and 2 Article 1, UNGA, Convention Relating to the Status of Stateless Persons, 28 September 1954, UNTS, vol. 360. Blitz, B. K., Lynch, M., 'Statelessness and the deprivation of nationality', Statelessness and Citizenship: A Comparative Study on the Benefits of Nationality, Edward Elgar Publishing Limited, Glos, 2011, pp. 4-5 4 While India is not state party to the Statelessness Conventions, it is party to the ICCPR, ICESCR, CERD, CRC, and CEDAW. 5 The terms 'Citizenship' and 'Nationality' will be used interchangeably 6 Cutts, M., 'The State of the World's Refugees, 2000: Fifty Years of Humanitarian Action'. UNHCR, Geneva, 2000, p. 59 7 Pillai, R.S., ‘Indo-Sri Lankan Pact of 1964 and the Problem of Statelessness- A Critique’, Afro Asian Journal of Social Sciences Vol. 3, No. 3.1. Quarter, 2012, pp. 1-14 8 See Mohanty, R., Tandon, R., 'Participatory Citizenship: Identity, Exclusion, Inclusion.' Sage Publications, New Delhi, 2006, p. 15 9 Murshid, N., ‘Stateless and left out at sea’, The Hindu, 3 June 2015, available at: http://www.thehindu.com/opinion/lead/rohingya-migrants-and-ethnicitybased/article7275533.ece [accessed 28 October 2016] 10 Tibet Justice Center, ´Tibets Stateless Nationals II: Tibetan Refuges in India.’ 2011, p.32 available at http://www.tibetjustice.org/reports/stateless-nationals-ii/stateless-nationals-ii.pdf [accessed 8 August 2016] 11 It must be noted that the term refugee is a political not legal term in India. 3 1