Statelessness Working Paper Series No. 2017/02 were made to resolve the land dispute; however, they were met with resistance from both sides.117 In 1974, India and Bangladesh signed the Agreement Concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters, 1974 (LBA); and in 2011 a Protocol to the 1974 LBA was adopted to pave the way for the outstanding border demarcations. The 100th Constitutional Amendment Act, 2015 ratified the 1974 LBA and its 2011 Protocol by which enclaves and inhabitants are to be swapped. Before the exchange of enclaves, a survey was conducted asking inhabitants their choice of citizenship: 14,863 inhabitants in 51 Bangladeshi enclaves in India and 989 inhabitants in 111 Indian enclaves in Bangladesh opted for Indian nationality, while the remainder opted Bangladeshi citizenship.118 4. Discussion The current framework of India’s nationality laws is inconclusive and ambiguous when assessed against international law’s standards on statelessness. One of the main obstacles is that the key Conventions on Statelessness have not yet been ratified. This raises many concerns, the first of which is the lack of legal recognition of stateless persons which is a prerequisite to access the rights to which they are entitled to under the 1954 and 1961 Conventions on Statelessness. India is not party to the Refugee Convention either, which ultimately puts many non-citizens (i.e. refugees, stateless persons, asylum seekers) in the same broad category of ‘foreigner’ as per the outdated Foreigners Act when their realities and needs are overlapping but categorically different.119 While the MHA Annual Report (2015-2016) 120 includes reports on refugees from Sri Lanka and Tibet, it does not provide any exclusive information or data on stateless persons overall. The term stateless is only used with reference to Sri Lankan refugees, but even then the report does not provide any definition or description of the term and who fits the category of stateless persons in India.121 Nevertheless, Article 51(c) of the Constitution provides that India “shall endeavour to foster respect for international law and treaty obligations in the dealings of organised peoples with another,” and thus the definition of a stateless person provided in the 1954 Convention, which has attained 117 Shewly, H. J., 'India and Bangladesh Swap Territory, Citizens in Landmark Enclave Exchange', Migration Policy Institute, March 9 2016, available at: http://www.migrationpolicy.org/article/india-and-bangladesh-swap-territory-citizens-landmark-enclaveexchange [accessed 19 September 2016] 118 MEA, Press release: “Exchange of enclaves between India and Bangladesh,” Government of India, 20 November 2015, available at: http://www.mea.gov.in/pressreleases.htm?dtl/26048/Exchange+of+enclaves+between+India+and+Bangladesh [accessed 19 September 2016] 119 Nair, A., ‘National Refugee Law for India: Benefits and Roadblocks’, Institute of Peace and Conflict Studies, New Delhi, 2007 120 MEA, Annual Report 2015-2016', Annual Report 2015-2016', Government of India, available at: http://www.mea.gov.in/pressreleases.htm?dtl/26048/Exchange_of_enclaves_between_India_and_Bangladesh 121 “Refugees are of the following two categories: (i) stateless persons who had not applied for Indian citizenship or those not yet conferred Sri Lankan citizenship; and (ii) Sri Lankan citizens.” Annual Report 20152016', Annual Report 2015-2016', Ministry of External Affairs, Government of India, pp. 269-270 available at: http://www.mea.gov.in/pressreleases.htm?dtl/26048/Exchange_of_enclaves_between_India_and_Bangladesh [accessed 20 September 2016] 14