SUB-REGIONAL OVERVIEW: SOUTH ASIA
SUB-REGIONAL OVERVIEW: SOUTH ASIA
Sub-Regional Overview:
South Asia
Countries Covered: Afghanistan, Bangladesh, Bhutan,
India, the Maldives, Nepal, Pakistan, Sri Lanka
Laws
Citizenship Law
Jus sanguinis and/or jus soli provisions
The citizenship laws of six out of eight States (Afghanistan,
Bhutan, India, the Maldives, Nepal and Sri Lanka) operate
through jus sanguinis structures. While the laws of all of these
States are underpinned by the same principle of citizenship by
descent, there is great variance in the structure of their laws,
with many containing complex limitations on the granting of
citizenship. The laws of two States (Afghanistan and Bhutan)
provide an automatic grant of citizenship where a child is born
within or outside of the State to two citizen parents.1866 While
the citizenship law of Afghanistan also provides avenues of
acquisition for children born in the country to one citizen parent
and for those born outside the country to one citizen parent
with mutual consent from the parents, the law of Bhutan does
not have any such provisions.1867 The citizenship laws of two
States (India and Sri Lanka) provide some differential treatment
between children born within or outside of the country. Indian
citizenship also operates through a jus sanguinis structure, with
children born in India only considered citizens by birth if both
parents are citizens of India or if one parent is a citizen of India
and the other is not an illegal migrant.1868 Children born outside
of India to at least one Indian parent are considered citizens
by descent so long as their birth is registered, and they are
not also considered citizens of another country.1869 Sri Lankan
citizenship is provided through jus sanguinis provisions providing
for automatic citizenship for children born in Sri Lanka to a Sri
Lankan citizen parent.1870 For children born outside of Sri Lanka
to a citizen parent, their birth must be registered for their
citizenship to be recognised.1871
The citizenship laws of six out of eight States (Afghanistan, Bhutan,
India, the Maldives, Nepal and Sri Lanka) operate through jus
sanguinis structures.
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
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