2021 STATELESSNESS AND THE CITIZENSHIP AMENDMENT ACT, 2019 193 In considering children born in camps who are presently stateless, it is imperative to note that their claims to birthright citizenship depends on their date of birth.263 First, those born on or after January 26, 1950, and before July 1, 1987, are Indian citizens.264 Second, those born after July 1, 1987, but before January 1, 2004 are Indian citizens if either parent was an Indian citizen at the time of their birth.265 Similarly, registration of minors as citizens is contingent on their parents being Indian citizens.266 Given that most parents of children born in camps are refugees or stateless persons, it is unlikely that many children will be able to seek citizenship under this route.267 Third, children born after the commencement of the 2004 Amendment must show that neither parent is an illegal immigrant at the time of their birth to claim citizenship.268 Similarly, camp children seeking citizenship through naturalisation or registration must show that they are not illegal migrants.269 As discussed above, Indian law conflates refugees with illegal migrants or foreigners, due to which Camp-Refugees continue to be categorised as foreigners or illegal migrants.270 Since the parents are illegal migrants, the children of these Camp-Refugees will be denied Indian citizenship by birth.271 Further, if the children continue to live as illegal migrants in India, they will be disqualified from Indian citizenship by naturalisation or registration.272 Thus, the jus sanguinis-based category of illegal migrants acts as a disqualification from Indian citizenship across the board for Camp-Refugees.273 In this way, citizenship determination based on jus sanguinis results in statelessness, particularly multigenerational statelessness.274 263 264 265 266 267 268 269 270 271 272 273 274 The 1955 Act, unlike the 1961 Convention, does not provide that individuals born in India who would otherwise be stateless are Indian citizens as in 1961 Convention, art 1. Further, neither the 1955 Act nor the 2019 Act provide that a foundling found in a state shall be deemed born in that territory as in 1961 Convention, art 2 as in Kakarala and others (n 8). 1955 Act, s 3 (1) (a); further, see infra Part IV (b). 1955 Act, s 3 (1) (b). Citizenship Rules 2009, r 2 (c), r 3, sch I Form I (7). Kakarala and others (n 8); Chandrachud (n 27). 1955 Act, s 3 (1)(c)(ii). 1955 Act, s 5, s 6. Acharya (n 111). 1955 Act, s 3 (1)(b), 3 (1)(c). Kakarala and others (n 8); United Nations High Commissioner for Refugees, The State of the World’s refugees: A Humanitarian Agenda (1997). Kakarala and others (n 8). Batchelor (n 189).