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VOL. 17
ought to be citizens if they would otherwise be rendered stateless.301 This
change will allow camp children born in India to acquire jus soli citizenship,
which will in turn prevent multigenerational statelessness.
Fourth, India must ratify the 1951 Convention, 1954 Convention, and the
1961 Convention, and also recognise and provide for stateless persons and refugees under domestic law.302 Such a move will provide stronger rights (like the
rights to reside or work) and safeguards for refugees and stateless persons, and
streamline the process for them to acquire Indian citizenship.303 In the meantime, the government must approve of applications from these groups under the
LTV Guidelines irrespective of, inter alia, religion.304
Fifth, the government must move away from its current stance of documentation-heavy determination of citizenship and contingent rights.305 While this
change is being effected through amendments, the government must conduct
nationwide camps for providing documentation to communities and regions
where they may be sparse, and raise awareness of the need for such documentation.306 Further, the State must provide legal aid to stateless persons and
refugees who are appearing before courts or FTs in lieu of immigration law
cases.307
V. CONCLUSION
This paper has attempted to study the currents of Indian citizenship law by
analysing various politico-legal developments in India and around the world,
particularly in the aftermath of World War II. In this regard, it has drawn upon
Arendt’s writings on citizenship, ethnicity and rights, and scrutinised the applicability of her idea of the ‘right to have rights’ for stateless Sri Lankan Tamil
refugees in India.
301
302
303
304
305
306
307
UNHCR, Good Practices in Nationality Laws for the Prevention and Reduction of
Statelessness: Handbook for Parliamentarians No. 29 (2018).
Kakarala and others (n 8); Centre for Public Interest Law: Jindal Global Law School (n 298);
Asha Bangar, ‘Statelessness in India’, Statelessness Working Paper Series No 2 (2017).
UNHCR, Establishing Statelessness: Determination Procedure for the Protection of Stateless
Persons: Good Practice Papers Action 6 (2020).
1951 Convention, art 1.
The UNHCR recommends reduction of documentation for stateless persons as in UNHCR
2018 (n 301); Mohsin Alam Bhat, ‘Stateless and Hyperlegalized’ (The Baffler 3 January 2020)
<https://thebaffler.com/logical-revolts/stateless-and-hyperlegalized-alam> accessed 28 July
2021.
Centre for Public Interest Law: Jindal Global Law School (n 298); 1945 Convention, art 25
provides that stateless persons shall have access to administrative access in acquiring documents or certification.
UNHCR 2020 (n 303); 1954 Convention, art 16 provides for stateless persons’ right to access
courts.
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