Statelessness Working Paper Series No. 2017/02
elaborates upon this that the person or family shall be given the opportunity to be heard by the Subdistrict or Taluk Registrar of Citizen Registration94 before a final decision is made,95 while Rule no.7
provides for the opportunity of an appeal to be made.96 Still, there is no remark on the status of
individuals whose citizenship remains doubtful even after the verification process is over. While
Section 13 provides that in cases of doubt, the Central Government if it thinks appropriate may issue
a certificate of citizenship. However for this to be possible, it still requires that citizenship was not
obtained by means of fraud, false representation or concealment of any material fact. Thus, it remains
unclear which degree of discretion would be given to authorities in respect of stateless persons with
regards to Section 13.
2.3.2 Aadhaar
While the abovementioned registrar is a database for Indian citizens only, the National Population
Register (NPR) and Unique Identification Number of India (UIDAI) are in currently in progress to collect
and store the demographic data of residents into a centralised database while issuing an Aadhaar, a
unique 12-digit identity number to each resident. Although this is a great step in storing an identity
database for residents in the country, it is still unclear what the potential implications of this would
be on stateless persons. It is likely it will be just another system in which stateless persons do not exist
and thus there would be no data providing how many of them there are.
2.3.3 Foreigners Act, 1946
The Foreigners Act (1946) is the primary law regarding non-nationals in India.97 This Act gives the
Central Government the authority to prohibit, regulate or restrict entry of foreigners into and out of
India.98 The act defines a ‘foreigner’ as someone who is “not a citizen of India.”99 Section 8 of the
Foreigners Act on the determination of nationality considers the situation of a foreigner recognized as
a national by the law of more than one foreign country or a foreigner whose nationality is uncertain.100
Such a foreigner “may be treated as the national of the country with which he appears to the
prescribed authority to be most closely connected for the time being in interest or sympathy or if he
is of uncertain nationality, of the country with which he was last so connected.”101 If the foreigner has
a nationality by birth, (s)he shall be deemed to retain that nationality unless the Central Government
directs otherwise or where the individual proves that (s)he has acquired by naturalisation or otherwise
the nationality of another country.102 Section 8 does not clarify the status or treatment of foreigners
who appear to have no nationality upon the completion of the determination procedure, which again
leaves stateless people in a legal grey zone and thus result in further human rights violations. The
94
See Section 2(o) of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003
Rule 5, ibid.
96
Rule 7, ibid.
97
The Foreigners Act, 1946, supplemented by the Registration of Foreigners Act, 1939; the Foreigners
(Internment) Order, 1962; the Foreigners (Tribunal) Order, 1964; and the Registration of Foreigners Rules,
1992
98
Section 3, The Foreigners Act, 1946
99
Section 2, ibid.
100
Section 8(1), The Foreigners Act, 1946
101
Section 8(1), ibid.
102
Section 8(1), ibid.
95
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