SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA Sub-Regional Overview: South Asia Countries Covered: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka Laws Citizenship Law The citizenship laws of six states (Afghanistan, Bhutan, India, the Maldives, Nepal and Sri Lanka) operate through a jus sanguinis structures. While the laws of all of these states are underpinned by the same principle of citizenship by descent, there is a great variance in the structure of their laws, with many containing complex limitations on the grant of citizenship. Two states (Bangladesh and Pakistan) have combined jus soli and jus sanguinis structures to their citizenship laws. The jus soli provisions of both of these countries on paper provide citizenship to all children born in their territory, except those whose fathers have diplomatic immunity, or are enemy aliens.223 In practice, the jus soli laws of Pakistan remain largely unimplemented and that of Bangladesh appear to only be provided when a child is born in Bangladesh to two Bangladeshi citizen parents.224 Further, Pakistan’s jus sanguinis provisions provide that a child born outside of Pakistan to a Pakistani citizen by birth automatically acquire Pakistani citizenship while those born to a citizen by descent must register the birth.225 The jus sanguinis provision of the Bangladeshi citizenship law provides that a child born either within or outside of Bangladesh to a Bangladeshi citizen automatically acquires citizenship by descent.226 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.227 While the citizenship law of Afghanistan also provides avenues for children born to one citizen parent and a foreign national, Bhutan’s jus sanguinis provisions require both parents to be Bhutanese citizens.228 India and Sri Lanka’s citizenship laws operate through jus sanguinis structures but provide some differential treatment between children born within or outside of the country. Children 44 45 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC REPORT 2023