30
was the Convention relating to the Status of Stateless Persons
(‘1954 Convention’). It sought to ‘regulate and improve the status
of stateless persons’ by guaranteeing a minimum set of rights
such as the right to identity, travel documents, education,
housing, and employment, among others.4 It also established the
right against expulsion. The Convention on the Reduction of
Statelessness (‘1961 Convention’) developed this framework with
the aim to prevent and reduce statelessness over time.5 It aimed
to ensure the right of every person to a nationality.
Hansa Mehta, the Indian representative at the UDHR drafting
sessions, termed Article 15 as ‘the fundamental right’.6 The Indian
Constitution – a document deeply engrained in human rights
and liberties – mandates respect for international law.7 Despite
this, the Indian state has not adequately appreciated the right to
nationality, and the broader discourse of international law on
citizenship. India is not a signatory to the two statelessness
conventions and has not actively participated in transnational
efforts to combat statelessness.8 There is no domestic legal
framework on the issue. Indian law bundles all non-nationals in
the category of ‘foreigners’. This is detrimental to protecting the
rights of different categories of people like refugees and the
stateless. This does not fully appreciate the needs and rights of
different classes of people who are subsumed within a single
category. Moreover, the contemporary debates on citizenship –
that may end up having a bearing on the status of millions of
4 Convention relating to the Status of Stateless Persons (adopted 28 September 1954, entered into force
6 June 1960) 360 UNTS 117 (1954 Convention), Preamble.
5 Convention on the Reduction of Statelessness (adopted 30 August 1961, entered into force 13
December 1975) 989 UNTS 175 (1961 Convention).
6 Morsink (n 1) 81.
7 Constitution of India 1950, art 51.
8 Several civil society organisations and activists along with the UNHCR are leading efforts to combat
statelessness. The UNHCR, as the UN mandate holder, is running the #IBelong campaign and the
Global Action Plan to End Statelessness by 2024. Several states, international and regional
organisations, and civil society organisations pledged concrete measures to combat statelessness in
the High-Level Segment on Statelessness. India did not participate in the summit. See UNHCR ‘Every
person has the right to say #IBelong’ (UNHCR) <https://www.unhcr.org/ibelong/> accessed 24 July
2020; UNHCR ‘Global Action Plan to End Statelessness 2014-2024’ <https://www.unhcr.org/protection/
statelessness/54621bf49/global-action-plan-end-statelessness-2014-2024.html> accessed 24 July
2020; UNHCR ‘Results of the High-Level Segment on Statelessness’ (UNHCR) <https://www.unhcr.
org/ibelong/results-of-the-high-level-segment-on-statelessness/> accessed 24 July 2020.
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