A.4 C ONCLUSION AND RECOMMENDATIONS
64
SECTION I.A.4
Every individual has the right to a nationality. This right along
with other human rights standards cements the obligation to
grant and recognise nationality of individuals with a genuine
link to the state. The fact that the individual has a genuine link to
that state and not to any other state translates into an obligation
on the former state. Hence, India is obligated under international
law to grant nationality to persons who have a genuine link to
India and to no other state. In addition, this obligation is informed
by the right against arbitrary deprivation of nationality. This right
has been argued in the light of due process protections, procedural
standards in international law on nationality, law against racial
and ethnic discrimination, and the duty to avoid and reduce
statelessness. Violations of these legal standards in Assam is
causing a threat of arbitrary deprivation of nationality.
The right to nationality with the duty to prevent and reduce
statelessness establishes that persons at the risk of arbitrary
deprivation of nationality must have their citizenship affirmed.
The arbitrary deprivation process must be immediately halted
and overhauled as per international law and Indian law.
Recommendations in this regard, include:
..
..
see Chapter III, pg 184
..
India must affirm the nationality of precarious citizens in
Assam immediately through a non-discretionary, nonbureaucratic process to avoid any discrimination or exclusion.
Precarious citizens must not be excluded from the set of socioeconomic rights and protections (from the right to adequate
nutrition, health, education and the ability to seek employment)
granted by the Indian state to Indian citizens [↘].
In citizenship determination cases where the individual
maintains that they are nationals of India by producing official
documents confirming the same, their burden of proof must
SECURING CITIZENSHIP
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