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Citizens (NRC) process. The present report titled Securing
Citizenship: India’s legal obligations towards precarious citizens and
stateless persons, however, goes beyond and considers the
existential and legal condition of both precarious citizens and
stateless persons in India. It is produced by students of Jindal
Global Law School, India in collaboration with students of
University Catholique de Lille, France. The report undertakes
rigorous legal analysis of the subject without entering the domain
of politics. It examines in detail the rights available to precarious
citizens and stateless persons under the Constitution of India
and international conventions to which India is a party. More
specifically, the report looks at the evolving national and
international jurisprudence of Indian courts, the courts of other
nations, and international tribunals in the light of India’s
international legal obligations.
The report makes some crucial recommendations that include
urging India to become a party to the two conventions on
statelessness. It also calls for the adoption of an explicit policy on
the question of statelessness addressing key questions such as how
the problem of statelessness is to be addressed, what are the
measures, if any, already in place, and the policy on granting
nationality to children born on the territory of India. In this regard,
the report underlines the need for identifying an alternative policy
to detention in the case of both precarious citizens and stateless
persons. In fact the report goes on to explore human rights compliant
alternatives. It also stresses the need for the government to grant as
an interim measure formal recognition to stateless persons and
issuing them identity certificates.
It deserves mention here that there are ongoing efforts in many
parts of the world to address the problem of statelessness. For
instance, at least six States have amended their laws to grant
nationality to children born in their territory who would
otherwise be stateless – Armenia, Cuba, Estonia, Iceland,
SECURING CITIZENSHIP