Rights of Non-citizens: A Legal Perspective

with special reference to stateless persons in Assam

Submitted by:
SAMIRAH KHAN
20187515
FACULTY OF LAW
JAMIA MILLIA ISLAMIA

ON
21ST OF JANUARY, 2019

Submitted to
Dr. NUZHAT PARVEEN KHAN

1
 CERTIFICATE OF DECLARATION

The I hereby declare that the project work entitled “Rights of Non-Citizens: A legal
Perspective with special reference to Stateless persons in Assam” as a part of seminar paper
is a record of an original work done by me under the guidance of A M Khan Sir , of Jamia Millia
Islamia University, New Delhi, and this project work has not been submitted elsewhere for award
of any degree.
The material borrowed from other sources and incorporated in the research has been duly
acknowledged.

Samirah Khan
Date: 21/01/2019

2
 ACKNOWLEDGEMENT

Firstly, I would like to express my profound sense of gratitude towards the almighty for
providing me with the authentic circumstances which were mandatory for the completion of my
project.
Secondly, I am highly indebted to A M Khan Sir and my supervisor Dr. Ghulam Yazdani and
also to the Dean, faculty of Law , for providing me with constant encouragement and guidance
throughout the preparation of this project.
My cardinal thanks are also for my parents, friends and all teachers of law department in our
college who have always been the source of my inspiration and motivation without which I would
have never been able to unabridged my project.

Samirah Khan

3
 LIST OF ABBREVIATIONS

AAGSP: Assam Gana Sangram Parishad

AASU: All Assam Students Union
AASU: All Assam Students' Union
CEDAW: Convention on the Elimination of all Forms of Discrimination against Women
CRC: The Convention on the Rights of Child
CRPD: Convention on the Rights of Persons with Disabilities
ICCPR: International Covenant on Civil and Political Rights
ICESCR: International Covenant on Economic, Social and Cultural Rights
NRC: National Register of Citizens
UDHR: U.N. Declaration on the Human Rights
UN: United Nations
UNHCR: UN High Commissioner for Refugees

4
 TABLE OF CONTENTS
CHAPTER 1 Introduction and Research Methodology………………………………….1.1
INTRODUCTION.............................................................................................................................1
1.2 Research Methodology.............................................................................................................................1
1.2.1 Title of the Study....................................................................................................................................2
1.2.2 Problem of the Study............. ...............................................................................................................2
1.2.3 objectives...................................................................................................................................................2
1.2.4 Review of Literature........... ...............................................................................................................2-3
1.2.5 Hypothesis......................... ......................................................................................................................3
1.2.6 Concepts of the study....... .....................................................................................................................4
1.2.7 Research Design..................... ................................................................................................................4
a. Nature of Study................. ...........................................................................................................................4
b. Sources of the Data............. ............................................................. ..........................................................4
1.2.8 Chapterisation............... ......................................................................................................................4-5
1.2.9 Limitation................... .............................................. ..............................................................................5
1.2.1o Contribution of the Study......... ........................................................................................................5
CHAPTER 2: NON-CITIZENS AND STATELESS PERSONS: DEFINITION, MEANING
AND CLASSIFICATION... ....................................... ....................................... ...............6
2.1 Citizen.................................. ....................................... ...............................................................................6
2.1.1 Definition and meaning............... ....................................... ...............................................................6
2.1.2 Citizenship in the Indian Legal Framework...................................................................................6
2.2 Non-Citizens............................ ....................................... .........................................................................7
2.2.1 Definition and Meaning……….........................................................................................................7
2.2.2 Non-citizen in the Indian Legal Framework..................................................................................7
2.3 Stateless persons.................. ....................................... ............................................................................8
2.3.1 Definition................... ....................................... ....................................... .............................................8
2.3.2 Meaning.......................... ..................................... ....................................... ..........................................8
2.3.3 Statelessness—de jure and de facto Statelessness........... ..............................................................8
2.3.4 Stateless person in Indian legal framework............. ......................................................................9
CHAPTER 3 RIGHTS OF THE STATELESS PERSONS....................................................10-11
3.1 International Instruments relevant to Stateless Persons..............................................................11
3.1.1 1954 Convention relating to the Status of Stateless Persons............... ....................................11

5
3.1.2 Issuance of Identity Paper................ ....................................... .........................................................11
3.1.3 Issuance of Travel documents.................... ....................................... ........................................11-12
3.1.4 1961 Convention on the Reduction of Statelessness.......... ...................................................12-13
3.2 International Legal Framework Applicable To India............ ........................................................13
3.2.1 Universal Declaration of Human Rights, 1948.............. ........................................................13-14
3.2.2 International Covenant on Civil and Political Rights (ICCPR), 1966......... ......................... 14
3.2.3 International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966....14-15
3.2.4 The Convention on the Rights of Child (CRC), 1990.................................................................15
3.2.5 Convention on the Elimination of all Forms of Discrimination against Women (CEDAW),
1979.............. ....................................... ....................................... .......................................15-16
3.2.6 Convention on the Nationality of Married Women, 1957.................. ......................................16
3.2.7 International Convention on the Protection of the Rights of all Migrant Workers and
Members of their Families, 1990................. ....................................... ................................................16-17
3.2.8 Convention on the Rights of Persons with Disabilities (CRPD), 2006.............. ...................17
CHAPTER 4 STATELESSNESS AND NRC: PRESENT SCENARIO IN ASSAM............
....................................... ....................................... .............................................................................................18
4.1 Assam and Citizenship Issue.................................................................................................................19
4.2 Citizenship Act, 1955................... ..........................................................................................................19
4.3 Historical Background of Statelessness in Assam and NRC. ................................................19-21
4.4 NRC: ‘Just, Reasonable and fair’?............... ..................................................................................22-24
4.5 NRC: Solution to Humanitarian Crisis in Assam?....................................................................25-26
CHAPTER 5 STATELESSNESS AND ITS AWARENESS: AN EMPIRICAL STUDY
5.1 Questionnaire on Statelessness and its Awareness.........................................................................27
5.2 Analysis of Responses To Questionnaire....................................................................................28-31
CONCLUSION AND SUGGESTIONS...............................................................................................32
BIBLIOGRAPHY.............. ...................................................................................................................33-35.

6
 CHAPTER 1
INTRODUCTION AND RESEARCH METHODOLOGY

1.1 INTRODUCTION

“Statelessness is the total destruction of an individual’s status in organised society”

-Justice Earl Warren1

The present reality expects us to 'have a place' to some country. The connection between a State
and an individual has developed over years, which has acquired an intense change by getting
more rights and obligations to individuals having a nationality. On the other hand, it has
additionally brought about individuals becoming lost despite a general sense of vigilance between
household nationality laws that States institute, consequently abandoning them deprived of any
nation's citizenship. They are, without uncertainty, one of the world's most undetectable and
under-spoke to communities economically, socially, socially and politically. Human rights law in
the International domain has assumed a critical job in spanning this hole by making a system of
traditions that State gatherings may allude to so as to secure the privileges of such individuals.
It is very hard to measure what number of stateless people are there the world, notwithstanding,
as indicated by the most recent UNHCR report , at any rate 10 million individuals are stateless
around the world. Because of the absence of deliberate endeavours to enhance their conditions,
stateless individuals in numerous nations have restricted access to birth enrolment, personality
documentation, training, social insurance, lawful work, property possession, political support and
opportunity of development.
Statelessness influences the happiness regarding practically every one of the rights which the
greater part of us underestimate, for example the directly to work, the directly to cast a ballot,
the directly to welfare advantages or welfare and a kid's entitlement to training. It confines
individuals from moving, and builds their odds of self-assertive capture or detainment with no
satisfactory cures. Generally speaking it very well may be said that, it minimizes and makes
individuals feel useless with no prospect of their circumstance consistently enhancing, no
expectation for a superior future for themselves or their kids.
India is being talked about as of late the whole way across the outskirts because of late production
of a National Register of Citizens, an activity of unlawful migrants. NRC is National Registration
of Citizens, it is a procedure to record the citizenship. Furthermore, this is the first occasion when
it is occurring in India, explicitly in the territory of Assam. It is vital to comprehend that there
has been an issue of unlawful migration that is being raised, therefore it is an activity to enlist,
who are the certified Indian Citizens. The issue talked about is whether, the general population
forgotten in the NRC list, are in certainty Infiltrators? Thus, in this study, the Researcher will
explain the above issue and all the important aspects related to it.

1
. Helene Lambert, Statelessness is an evil that has been hidden for too long, the guardian(Nov. 5, 2014), available
athttps://www.theguardian.com/commentisfree/2014/nov/o5/statelessness-evil-hidden-long-un-refugee-agency,
visited on 08/01/19.

1
2 Review of Literature

a) The 1954 Convention relating to the Status of Stateless Persons: It’s a major Convention
which gives the definition of stateless persons and give details about their rights .
b) The Convention of 1961on the Reduction of Statelessness deals with ways in which issue
of Statelessness can be reduced and methods of resolving the same.
c) India and the Challenge of Stateless-A Review of the Legal Framework relating to
Nationality: This Research Report explains the importance of nationality and elaborately
defines various aspects related to it, specifically the aspect of its absence, that is,
Statelessness.
d) Stateless in Assam: Precursors to genocide and Crimes Against Humanity?: It explains
the present issue of Statelessness in Assam in chronological order.
e) The Handbook on Protection of Stateless Persons (2o14): Briefly gives summary of
International Law with respect to Statelessness.
f) Statelessness in India to what extent have international standards concerning
statelessness in the international human rights law framework been implemented in the
Indian legal system and how could they be strengthened. It gives an insight into the
Indian Legal Framework on the issue of Statelessness.
g) The Universal Declaration of Human Rights, 1948: It provides for International
obligation of States not depriving Individuals of their right to Nationality.
h) International Covenant on Civil and Political Rights (ICCPR),1966: It provides for
International Obligation of giving rights to Stateless Persons without any kind of
discrimination.
i) International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966: It
provides for International Obligation to secure Economic and cultural rights of Stateless
persons.
j) The Convention on the Rights of Child (CRC)1990, provides for International Obligation
for protecting children’s right to nationality.
k) Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
1979, provides for prevention of gender discrimination in all forms & manifestation
including that of statelessness.
l) The Convention on the Nationality of Married Women, 1957, provides for advocating
rights of women in matter of obtaining, retaining and passing on Nationality.
m) The International Convention on the Protection of the Rights of all Migrant Workers
and Members of their Families, 1990, provides for protection of people working in any
other country, that is, not of their origin.
n) The Convention on the Rights of Persons with Disabilities (CRPD), 2006, provides for
protection of such persons from discrimination in matter of nationality.

3 Research Methodology
3.1 Title of the Study- Rights of Non-citizens: A legal perspective with special reference to the
Stateless Persons in Assam.
3.2 Problem of the Study

2
On 25th July, 2o18, the complete draft of National Register of Citizens (NRC) was published, in
which more than 40 lakh of the 3.29 crore applicants in Assam were left out. This list is being
prepared to identify infiltrators or illegal migrants and the final list of which is to be published
in December 2o18. The issues which have arisen are as follows:
First was that people among these above mentioned 40 lakh weren’t included in the final list,
then how the situation would be dealt in India, since India neither signed the 1954 Convention
relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of
Statelessness nor it has any specific legislation to deal with the issue of statelessness therein.
Secondly, many discrepancies have been stated in the complete draft of National Register of
Citizens (NRC).
Lastly, The issue of clash of opinion regarding NRC is also been dealt in. Those favouring NRC
have argued that NRC is important to preserve the culture of Assam and the others opposing
have argued on the basis of Humanitarian Law.

3.3 Rationale of the Study: The draft published on 25th July, 2o18, has left out 40 lakhs people
of the 3.29 crore applicants in NRC. NRC has said they have given time to file claims and
objections. Let us say these claims and objections are filed, and reach their logical conclusion.
Despite that, some people are left stateless. We don’t know the exact number yet, but there will
be a number. The question which needs to be addressed ‘where will these people go?’ Bangladesh
doesn’t accept them as citizens.
Thus, it is pertinent to discuss the future course of action in relation to this issue, since the life
of so many people is in oblivion.

4 Hypothesis
Indian Legal Framework is not sufficient to deal with the present situation in Assam. Thus, there
is need of special legal framework to be placed to deal with the issue of Stateless persons in Assam.
5 Objectives:
a) To find out the meaning of Non-citizens and Stateless Persons under International Law
and Indian legal framework?
b) To find out the rights of the Stateless persons under various International Convention?
c) To find out International Legal Framework with respect to stateless person applicable on
India?
d) To find out the Historical Background of issue of ‘Statelessness in Assam’ and NRC?
e) To examine whether NRC is just, fair and reasonable?
f) To examine whether NRC would be solution to humanitarian crisis in Assam?
g) To examine awareness regarding issue of Statelessness?

5.1 Concepts of the study

Citizen, for the purpose of this study, means ‘a member of a state’ as per Merriam-Webster Online
Dictionary.

3
Non-citizen, means as ‘any individual who is not a national of a State in which he or she is
present.’ as defined in U.N. Declaration on the Human Rights of Individuals who are not
Nationals of the Country in which They Live.
Stateless Persons defined in 1954 Convention relating to the Status of Stateless Persons, means
‘a person who is not considered as a national by any State under the operation of its law’
Illegal Immigrants: means ‘someone who lives or works in another country when they do not
have the legal right to do this’, as defined in Cambridge Dictionary.

1.2.7 Research Design

a. Nature of Study
For this Study, the Researcher has followed both Doctrinal and Empirical Research Methodology
to analyse the efficiency of present legal framework at International Level and at National Level
pertaining to deal with the issue of Statelessness and to analyse the awareness of this issue among
law students.
b. Sources of the Data
Primary Sources includes Constitution of India, The Foreigners Act, 1946, The Citizenship Act,
1955, 1954 Convention relating to the Status of Stateless Persons, 1961 Convention on the
Reduction of Statelessness, Universal Declaration of Human Rights (1948), International
Covenant on Civil and Political Rights (ICCPR), 1966, International Covenant on Economic,
Social and Cultural Rights (ICESCR), 1966 etc, that is, various other statutes and International
Conventions which deal with the issue of Statelessness.
Secondary Sources includes various research reports and newspaper articles available on Internet
which are related to Stateless persons.
For Empirical Research, the Researcher selected Faculty of Law, Jamia Millia Islamia as the
universe, Students enrolled in course of LLM were the Population and the Researcher selected
Samples for this study by Simple Random Sampling method.
1.2.8Chapterisation
This Research Study comprises of four Chapters, namely, Chapter 1 Introduction and Research
Methodology; Chapter 2: Non-Citizens and Stateless Persons: Definition, Meaning And
Classification; Chapter 3 Rights of the Stateless Persons, Chapter 4 Statelessness and Nrc:
Present Scenario in Assam and Chapter 5 Statelessness and its Awareness: An Empirical Study.
Chapter 1 Introduction and Research Methodology deals with brief explanation of the issue of
Statelessness and includes the methodology used for the purpose of this Study.
Chapter 2: Non-Citizens and Stateless Persons: Definition, Meaning And Classification deals
with brief definition and meaning of these terms.
Chapter 3 Rights of the Stateless Persons deals with the various rights given to Stateless persons
under International Law and also including those International Conventions which are applicable
to India.
Chapter 4 Statelessness and NRC: Present Scenario in Assam deals with present ongoing conflict
in Assam regarding Citizenship. It includes history behind the present issue, present factual
situation and also debate over the issue of NRC.

4
Chapter 5 Statelessness and its Awareness: An Empirical Study deals with awareness regarding
issue of statelessness and analysis of the data collected through Questionnaire method.
2.9 Limitation
This Study is limited only to the issue of Statelessness in Assam and does not discuss stateless in
toto.

1.2.10 Contribution of the Study

This Study will give an insight on the issue of Statelessness and will also help in finding ways to
resolve this present situation of Statelessness in Assam.

5
 CHAPTER 2
NON-CITIZENS and STATELESS PERSONS: DEFINITION, MEANING
AND CLASSIFICATION

“Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied
the right to change his nationality.”
-Article 15 of the 1948 Universal Declaration of Human Rights
Every person has the Human Right to Nationality. It is a legal bond between a person and a
state. Each state determines who their nationals are. Nationality Today, if we analyse is
something without which one can’t have access to basic services from various governmental or
private entities, unless s/he provides her/his identification document. Hence, a Person is stateless
when he or she is not considered as a national by any state according to its law. If a migrant has
a nationality and just lacks documentation and. Regular migratory status in the country where
he or she is not a stateless. In present Scenario, one can’t even imagine his or her life without any
nationality, because one of the bases of present Globalised and Digitalised Society is Nationality
only. The basic services, like issuance of Sim Card, opening of bank account, travelling within
the county or outside etc, can only be enjoyed if one is National (or Citizen) of that particular
State.
Thus, the Researcher has firstly dealt with the Concept of Citizenship (given below), and the next
two concepts, ‘Non-citizens’ and ‘Stateless Persons’ are discussed in brief after this topic.

2.1 Citizen
2.1.1 Definition and meaning
The term Citizen is defined as ‘a member of a state’2. Citizenship can be defined as "the status of
having the right to participate in and to be represented in politics."3T.H. Marshall, who has
prominently contributed by his work in the field of social citizenship, considered citizenship as "a
status bestowed on those who are full members of a community.
All who possess the status are equal with respect to the rights and duties with which the status
is endowed." 4 Thus, it can be simply defined as an identity, which is formal juridical in nature,
enjoyed by an individual by virtue of bundleof rights and obligations.
2.1.2 Citizenship in the Indian Legal Framework
According to Indian Constitution, the following can be citizens of India: persons born and
resident in India;5 persons resident in India and whose parents were born in India,6 persons

2
"Citizen." Merriam-Webster Online Dictionary. 2018. https://www.merriam-webster.com/dictionary/citizen (Aug.
20, 2018).
3
United Nations, Econ. & Soc. Council, Citizenship (Aug. 20, 2018), available at
http://www.unesco.org/new/en/social-and-human-sciences/themes/international-migration/glossary/citizenship/.
4
Citizenship, supra note 1.
5
INDIA CONST. art. 5, cl. a.
6
id at art. 5, cl. b.

6
resident in India for more than five years since the start of the Constitution,7 persons resettling
to India from Pakistan after 1 March 1947, persons who migrated to India from Pakistan before
19 July 1948 or those who came afterwards and have been resident in India since immigration,8
persons resident outside India but if either parent or grandparent was born in India.9
The Constitution left future matters of citizenship to be regulated by the Parliament.10
Accordingly, the Parliament enacted the Citizenship Act (‘Principal Act’) in 1955. As per the Act,
Citizenship could be acquired by birth11, descent12, registration13, naturalisation14 and by
incorporation of territory15
2.2 Non-Citizens

2.2.1 Definition and Meaning

Article 1 of the UN Declaration on the Human Rights of Individuals who are not Nationals of
the Country in which They Live (1985) defines the term ‘non-citizen’ as ‘any individual who is
not a national of a State in which he or she is present.’16

2.2.2 Non-citizen in the Indian Legal Framework

The Foreigners Act, 1946 is the primary law regarding non-nationals in India.17 This Act gives
the Central Government the authority to prohibit, regulate or restrict entry of foreigners into
and out of India.18 The Act defines a ‘foreigner’ as someone who is “not a citizen of India.”19. 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.”20

If the foreigner has a nationality by birth, she or he shall be deemed to retain that nationality
unless the Central Government directs otherwise or where the individual proves that she or he
has acquired by naturalisation or otherwise the nationality of another country.21

7
id at art. 5, cl. c.
8
id at art. 6, cl. b.
9
id at art. 8.
10
id at art. 11.
11
The Citizenship Act, 1955, No. 57, Act of Parliament, 1955(India).
12
id at § 11.
13
id at § 5.
14
id at § 6.
15
id at § 7.
16
U.N. Declaration on the Human Rights of Individuals who are not Nationals of the Country in which They Live
(Aug 21, 2018), available at http://hrlibrary.umn.edu/instree/w4dhri.htm, visited on 10/o1/19.
17
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
18
The Foreigners Act, 1946, No. 31, Act of Parliament, 1946(India).
19
id at § 2.
20
id at § 8, .
21
id at § 8, cl. 1.

7
2.3 Stateless persons
2.3.1 Definition
Article 1(1) of 1954 Convention relating to the Status of Stateless Persons defines the term
‘stateless persons’ as given below:
‘The term “stateless person” means ‘a person who is not considered as a national by any State
under the operation of its law’.22This definition, according to the International Law Commission,
is now part of customary international law.
2.3.2 Meaning
The concept and protection of a 'stateless person' is different from that of a 'refugee', who is
covered under the Convention Relating to the Status of Refugees, 1951. If a stateless person is
also a refugee, then s/he will be protected primarily under the Refugee convention.
This provision entails that being a national of a country depends on the laws of the nation
concerned. However, for ascertaining citizenship or statelessness, it is usually sufficient to look
at whether the individual concerned has legal links with a particular state, such being the country
of her/his birth, country of nationality of parents, country of habitual residence, or country of
nationality of the person's spouse.23 If, after examination by the competent state authority, it is
found that the person has no nationality, then s/he should be considered to satisfy the definition
of a stateless person under Article 1(1) of the 1954 Convention.
2.3.3 Statelessness—de jure and de facto Statelessness
Statelessness is caused either by the denial, loss or arbitrary deprivation of nationality or due to
a conflict in the Nationality Laws. Discrimination is often the root of the problem. The 1954
Convention relating to the Status of Stateless Persons defines who is stateless. This definition is
considered Customary International Law and binds all states. To determine if a person is
stateless, the following must be assessed- First is the link with relevant states i.e., the country
where he or she was born, the country of nationality of his/her father or mother. Second is the
legislation and practice about nationality, which includes the laws, decrees, Regulations, Orders
and Administrative and Judicial Jurisprudence. A stateless can be a migrant or have never crossed
international border remaining in his or her own Country or can also be a refugee, according to
the 1951 Convention relating to the Status of Refugees. Statelessness is generally divided into 2
types—de jure and de facto. Article 1(1) of the 1954 Convention establishes the generally
accepted definition of a 'stateless person'. The Convention regulates who does not deserve
protection, and they include Persons who have committed War Crimes, Crimes against peace
and Humanity, and Serious non-political crimes.This definition is internationally understood to
mean de jure statelessness, though the term has not per se been mentioned in both the 1954 and
1961 Conventions.
The term de facto, on the other hand, has been referred to in the Final Act of the 1961
Convention. It was agreed upon by the participants of the Expert Meeting at Prato that the term
refers to persons who are outside the country of their nationality and are unable or unwilling to

22
U.N., High Commissioner for Refugees, 1954 Convention relating to the Status of Stateless Persons (Sept. 28, 1954),
available at http://www.unhcr.org/ibelong/wp-content/uploads/1954-Convention-relating-to-the-Status-of-Stateless-
Persons_ENG.pdf, visited on o9/o1/19
23
UNHCR, Handbook on Protection of Stateless Persons, June 30, 2014,available at
http://www.refworld.org/docid/53b676aa4.html, visited on o9/o1/19

8
avail themselves of the protection of that country.24 By the term 'unable to avail oneself of
protection', it implies circumstances that are beyond the will control of the person concerned.
Such inability according to the participants of the Expert Meeting, may be caused either by the
country of nationality refusing its protection, or by the country of nationality being unable to
provide such protection because, for example, it is in a state of war and/or does not have
diplomatic or consular relations with the host country. Such persons do not qualify for protection
under the 1954 Statelessness Convention. No regimes exist at the moment with regard to de
facto stateless persons, who are, therefore, covered under general international human rights law.
Furthermore a person ceases to be stateless when he or she acquires or reacquires a nationality

2.3.4 Stateless person in Indian legal framework

Under Part II of the Passport Rules, 1980, “Stateless Persons residing in India, foreigners, whose
country is not represented in India, or whose national status is in doubt” may qualify for a
‘Certificate of Identity’.25 The Passports Act is by far the most advanced Indian legislation
relating to statelessness, as it is the only law so far that recognises such persons in their own
category and provides them with an identification document.
In this Chapter, the Researcher has briefly defined the term ‘stateless persons’, and now in the
next Chapter titled ‘Rights of the Stateless Person’, the Researcher will deal with some of the
Fundamental ‘Rights of Stateless Persons’, along with various other important aspects related
to it.

24
UNHCR. (2010). Expert Meeting - The Concept of Stateless Persons under International Law, available at
http://www.refworld.org/docid/4ca1aeoo2.html, visited on 11/o1/19)
25
Class 2, Schedule II, Part II, Passport Rules, 1980

9
 CHAPTER 3
RIGHTS OF THE STATELESS PERSONS

Statelessness is a serious human rights Problem that affects the effective enjoyment of
fundamental rights of fundamental rights such as- Health, Identity, and Work. The state must
ensure the full enjoyment of these rights to stateless persons without any discrimination.
Nationality acts as a legal bond between the State and an individual. It brings with itself a sense
of identity and also bundle of rights. The significance of nationality is that in absence of it, people
don’t get opportunity to participate in the political process, specifically, the right to vote.
Statelessness bars people from achieving their potential and may have dangerous impact on social
cohesion and stability; it may even result into communal tension and displacement.26 The
Universal Declaration of Human Rights (1948), in its Article 15 states that 'everyone has the
right to a nationality'.27 These words show the commitment of the International Community to
secure a legal bond of nationality with a specific State to each and every person. This commitment
also shows that statelessness must be always avoided, in all cases, through the possession of
nationality. All sovereign states have their own established procedure to grant nationality at the
domestic level. To determine whether a person is a citizen is discretion of State and part of State
Sovereignty. Therefore, to prevent and reduce cases of statelessness across the world, a collective
effort from all states is required.
Generally, States have in place a mixture of automatic and non-automatic modes for the
acquisition of nationality.28 Automatic acquisition refers to nationality that is automatically
acquired at birth, based on jus sanguinis (i.e. birth to a national) or jus soli (i.e. birth on the
territory). Automatic modes are those where a change in nationality status takes place by
operation of law (ex lege). In contrast, non-automatic acquisition of nationality is one wherein an
act of an individual or a State authority is required before a change in nationality status can take
place, such as obtaining nationality through the process of naturalization.
The cornerstone for combating statelessness in International Law is two conventions i.e. the
Convention on Status of Stateless Persons, 1954 and the Convention on Reduction of
Statelessness, 1961. Till date about eighty States are party to the 1954 Convention, with number
of accessions in the past three years prompted by UNHCR's Statelessness Campaign.29 India has
not acceded to either of the Conventions till date. Along with the two conventions, there are
many other international instruments which have played a vital role in removing the inequality
and marginalization of the stateless men, women as well as children, some of which India has

26
UNHCR., Preventing and Reducing Statelessness, Jan. 2014, available at
.http://unhcr.org/cgibin/texis/vtx/home/opendocPDFViewer.html?docid=519e210a9&query=preventing%20and%
20reducing%20statelessness, visited on 10/o1/19
27
U.N. Declaration of Human of Human Rights, available at
http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf, visited on 10/o1/19
28
UNHCR. Handbook on Protection of Stateless Persons, June 2014, available at
http://www.refworld.org/docid/53b676aa4.html, visited on 11/o1/19
29
UNHCR. (2014)Handbook on Protection of Stateless Persons. Retrieved from
http://www.refworld.org/docid/53b676aa4.html

10
acceded to. The International human rights law has been working rigorously in the prevention
of Statelessness through various provisions in international instruments, which have dealt with
the right to nationality like Convention on the Rights of Child and International Covenant on
Civil and Political Rights, etc.

3.1 International Instruments relevant to Stateless Persons

3.1.1 1954 Convention relating to the Status of Stateless Persons

The Convention relating to the Status of Stateless Persons was adopted on 28 September 1954
and came into force on 6 June 1960. It is the most comprehensive codification of the rights of
Stateless Persons which establishes a framework for the international protection of Stateless
Persons.In the long term, it seeks to improve and regulate the status of stateless persons through
International Agreements. The Convention defines Stateless as a person who is not considered
as a national by any state under the operation of its law. The Convention, after defining who
'stateless persons' are, then further explains that those who qualify under the Convention are
providedcertain minimum rights and treatments such as:
 Right to non-discrimination (Article 3)30,
 Right to religion (Article 4)31,
 Right to acquisition of movable and immovable property (Article 13)32,
 Artistic rights (Article 14)33,

30
. Art 3-The Contracting States shall apply the provisions of this Convention to stateless persons without
discrimination as to race, religion or country of origin.

31
. Art 4- The Contracting States shall accord to stateless persons within their territories treatment at least as favourable
as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious
education of their children.

32
.Art 13- The Contracting States shall accord to a stateless person treatment as favour- able as possible and, in any
event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition
of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to
movable and immovable property.

33
. Art 14- In respect of the protection of industrial property, such as inventions, designs or models, trade marks,
trade names, and of rights in literary, artistic and scientific works, a stateless person shall be accorded in the country
in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory
of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of
the country in which he has his habitual residence.

11
  Right of association with non-political and non-profit making organizations
(Article 15)34.
 Right to have gainful employment (Articles 1735, 1836 and 1937), and
 Freedom of movement, subject to any regulations that are applicable to aliens
generally. They are also entitled to certain welfare rights by the contracting states
on par with those enjoyed by nationals of that state, such as rations, housing,
public education, and public relief and assistance (Articles 2o-23).

3.1.2 Issuance of Identity Paper

Under Article 27 of the Convention, Contracting States shall issue identity papers to any stateless
person who is within their territory and does not have a valid travel document. Thus, the stateless
person will be able to enjoy freedom of movement.

3.1.3 Issuance of Travel documents

Under Article 2838, Contracting States shall issue to stateless persons lawfully staying in their
territory travel documents for the purposes of travel outside their territory, unless compelling

34
. Art 15- As regards non-political and non-profit-making associations and trade unions the Contracting States shall
accord to stateless persons lawfully staying in their territory treatment as favourable as possible, and in any event, not
less favourable than that accorded to aliens generally in the same circumstances.

35
. Art 17- 1. The Contracting States shall accord to stateless persons lawfully staying in their territory treatment as
favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circum-
stances, as regards the right to engage in wage-earning employment.

2. TheContractingStatesshallgivesympatheticconsiderationtoassimilating the rights of all stateless persons with

regard to wage-earning employment to those of nationals, and in particular of those stateless persons who have
entered their territory pursuant to programmes of labour recruitment or under immigration schemes.

36
. Art 18- The Contracting States shall accord to a stateless person lawfully in their territory treatment as favourable
as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as
regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish
commercial and industrial companies.

37
. Art 19- Each Contracting State shall accord to stateless persons lawfully staying in their territory who hold
diplomas recognized by the competent authorities of that State, and who are desirous of practising a liberal profession,
treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the
same circumstances.

38
. Art 28- The Contracting States shall issue to stateless persons lawfully staying in their territory travel documents
for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise
require, and the provisions of the Schedule to this Convention shall apply with respect to such documents. The
Contracting States may issue such a travel document to any other stateless person in their territory; they shall in
particular give sympathetic consideration to the issue of such a travel document to stateless persons in their territory
who are unable to obtain a travel document from the country of their lawful residence.

12
reasons of national security or public order otherwise require. The provisions of this Schedule to
the Convention shall apply with respect to such documents.
Contracting States may issue such a travel document to any other stateless person in their
territory; they shall, in particular, give sympathetic consideration to the issue of such a travel
document to stateless persons in their territory who are unable to obtain a travel document from
the country of their lawful residence. The Convention also has a Schedule attached giving further
details regarding issuance of identity cards and travel documents. The Convention comes up with
a positive obligation on the part of contracting States to not expel a stateless person from their
territory save on certain grounds such as national security and public order (Article 31)39.The
Convention further lays down provisions regarding assimilation and naturalization of stateless
persons with the mainstream nationals of the contracting States under Article 3240. The
Contracting States as per this Article shall make every effort to expedite naturalization
proceedings and to reduce, as far as possible, the charges/costs associated with such proceedings.
Hence, this Article is of immense importance for facilitating reduction of statelessness.
In short, the Convention has played a pivotal role in providing member states a framework within
which stateless persons can be regularized as nationals entitled to basic human rights.
Considering the benefits it brings, ratification to the Convention must be encouraged in the long
run in order to strengthen states' commitments towards identifying, preventing, and reducing
the injustice of statelessness.

3.1.4 1961 Convention on the Reduction of Statelessness

The Convention on Reduction of Statelessness was adopted by the United Nations General
Assembly on August 30, 1961. The Convention was being adopted on 30 August 1961 by a
Conference of Plenipotentiaries which met in 1959 and reconvened in 1961 in pursuance of
General Assembly resolution 896 (IX) of 4 December 1954 and it came into forceon : 13
December 1975, in accordance with article 18

This was the second international instrument that directly deals with the issue of statelessness.
While the 1954 Convention provides for acknowledgment of stateless persons as a category in

39
. Art 31- 1. The Contracting States shall not expel a stateless person lawfully in their territory save on grounds of
national security or public order.

2. The expulsion of such as stateless person shall be only in pursuance of a decision reached in accordance with due
process of law. Except where compel- ling reasons of national security otherwise require, the stateless person shall
be allowed to submit evidence to clear himself, and to appeal to and be rep- resented for the purpose before
competent authority or a person or persons specially designated by the competent authority.

3. The Contracting States shall allow such a stateless person a reasonable period within which to seek legal
admission into another country. The Contracting States reserve the right to apply during that period such internal
measures as they may deem necessary.

40
. Art 32- The Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless
persons. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as
possible the charges and costs of such proceedings.

13
itself, the Convention of 1961 provides a directive to countries for preventing 14 and reducing
statelessness itself.41
The important provisions of the Convention are discussed below:
 Article 1 of the Convention states that the contracting state shall grant its
nationality to a person born on its territory, either at birth or on registration, who
would otherwise be stateless. The conditions stipulated for such grant of
nationality, if not automatic, is that the person must have applied for such
nationality within the stipulated age limit and to the concerned authority42.

41
United Nation, International Convention on Reduction of Statelessness, Dec. 13 1975, available on
http://www.unhcr.org/protection/statelessness/3bbb286d8/convention-reduction-statelessness.html, visited on
o8/o1/19

42
. Art 1- 1. A Contracting State shall grant its nationality to a person born in its territory who would otherwise be
stateless. Such nationality shall be granted:

( a ) At birth, by operation of law, or

( b ) Upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the
manner prescribed by the national law. Subject to the provisions of paragraph 2 of this article, no such application
may be rejected.

A Contracting State which provides for the grant of its nationality in accordance with subparagraph ( b ) of this
paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such
conditions as may be prescribed by the national law.

2. A Contracting State may make the grant of its nationality in accordance with subparagraph ( b ) of paragraph 1 of
this article subject to one or more of the following conditions:

( a ) That the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age
of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned
shall be allowed at least one year during which he may himself make the application without having to obtain legal
authorization to do so;

( b ) That the person concerned has habitually resided in the territory of the Contracting State for such period as may
be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in
all;

( c ) That the person concerned has neither been convicted of an offence against national security nor has been
sentenced to imprisonment for a term of five years or more on a criminal charge;

( d ) That the person concerned has always been stateless.

3. Notwithstanding the provisions of paragraphs 1 ( b ) and 2 of this article, a child born in wedlock in the territory
of a Contracting State, whose mother has the nationality of that State, shall acquire at birth that nationality if it
otherwise would be stateless.

4. A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to
acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for
lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at

14
  Article 243 of the Convention stipulates that children of unknown parentage found
in the territory of a Contracting State shall be deemed to be born in that nation
itself and to parents having the nationality thereof, if there is no proof to the
contrary.
 Article 344 states that in case of a child being born aboard a ship or aircraft, the
birth shall be deemed to have taken place in the territory of the nation whose flag
the ship flies or in which the aircraft is registered.
 Article 4 45obligates a state party to grant its nationality in case a person, who is
otherwise stateless, is not born on the territory of that State but one of whose
parents possesses nationality of that State.

the time of the person's birth was that of the Contracting Statefirst above-mentioned. If his parents did not possess the
same nationality at the time of his birth, the question whether the nationality of the person concerned should follow
that of the father or that of the mother shall be determined by the national law of such Contracting State. If application
for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the
applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 5 of this article, such
application shall not be refused.

5. The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 4 of
this article subject to one or more of the following conditions:

( a ) That the application is lodged before the applicant reaches an age, being not less than twenty- three years, fixed
by the Contracting State;

( b ) That the person concerned has habitually resided in the territory of the Contracting State for such period
immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State;

( c ) That the person concerned has always been stateless.

43
. Art 2- A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be
considered to have been born within that territory of parents possessing the nationality of that State.

44
. Art 3- For the purpose of determining the obligations of Contracting States under this Convention, birth on a ship
or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the
territory of the State in which the aircraft is registered, as the case may be.

45
. Art 4- 1. A Contracting State shall grant its nationality to a person, not born in the territory of a Contracting State,
who would otherwise be stateless, if the nationality of one of his parents at the time of the person's birth was that of
that State. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality
of the person concerned should follow that of the father or that of the mother shall be determined by the national law
of such Contracting State. Nationality granted in accordance with the provisions of this paragraph shall be granted:

( a ) At birth, by operation of law, or

( b ) Upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the
manner prescribed by the national law. Subject to the provisions of paragraph 2 of this article, no such application
may be rejected.

15
  Article 546 states that where the law of a Contracting State may lead to loss of
nationality, such termination must be approved only if an alternate nationality is
available to the person. Thus, the loss of nationality must be conditional upon
possession or acquisition of another nationality.
 Article 647 states that where the law of a Contracting State facilitates loss of
nationality to a person's spouse or children as a result of loss of nationality of that
person, then such loss of nationality must be conditional upon possession or
acquisition of another nationality.
 Article 748 states that where a person renounces nationality of a Contracting State,
such renunciation must be facilitated on the condition that the person possesses
or shall acquire another nationality.

2. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this
article subject to one or more of the following conditions:

( a ) That the application is lodged before the applicant reaches an age, being not less than twenty- three years, fixed
by the Contracting State;

( b ) That the person concerned has habitually resided in the territory of the Contracting State for such period
immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State;

( c ) That the person concerned has not been convicted of an offence against national security; ( d ) That the person
concerned has always been stateless.

46
. Art 5- 1. If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal
status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be
conditional upon possession or acquisition of another nationality.

2. If, under the law of a Contracting State, a child born out of wedlock loses the nationality of that State in consequence
of a recognition of affiliation, he shall be given an opportunity to recover thatnationality by written application to the
appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down
in paragraph 2 of article 1 of this Convention.

47
. Art 6- If the law of a Contracting State provides for loss of its nationality by a person's spouse or children as a
consequence of that person losing or being deprived of that nationality, such loss shall be conditional upon their
possession or acquisition of another nationality.

48
. Art 7- 1. ( a ) If the law of a Contracting State entails loss or renunciation of nationality, such renunciation shall
not result in loss of nationality unless the person concerned possesses or acquires another nationality;

( b ) The provisions of subparagraph ( a ) of this paragraph shall not apply where their application would be
inconsistent with the principles stated in articles 13 and 14 of the Universal Declaration of Human Rights approved
on 10 December 1948 by the General Assembly of the United Nations.

2. A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless
he acquires or has been accorded assurance of acquiring the nationality of that foreign country.

16
  Article 849 prohibits a nation-State, except according to the conditions mentioned
in this Article, to deprive a person of his/her nationality if such deprivation would
render him/her stateless.

3. Subject to the provisions of paragraphs 4 and 5 of this article, a national of a Contracting State shall not lose his
nationality, so as to become stateless, on the ground of departure, residence abroad, failure to register or on any
similar ground.

4. A naturalized person may lose his nationality on account of residence abroad for a period, not less than seven
consecutive years, specified by the law of the Contracting State concerned if he fails to declare to the appropriate
authority his intention to retain his nationality.

5. In the case of a national of a Contracting State, born outside its territory, the law of that State may make the
retention of its nationality after the expiry of one year from his attaining his majority conditional upon residence at
that time in the territory of the State or registration with the appropriate authority.

6. Except in the circumstances mentioned in this article, a person shall not lose the nationality of a Contracting State,
if such loss would render him stateless, notwithstanding that such loss is not expressly prohibited by any other
provision of this Convention.

49
. Art 8-1. A Contracting State shall not deprive a person of his nationality if such deprivation would render him
stateless.

2. Notwithstanding the provisions of paragraph 1 of this article, a person may be deprived of the nationality of a
Contracting State:

( a ) In the circumstances in which, under paragraphs 4 and 5 of article 7, it is permissible that a person should lose
his nationality;

( b ) Where the nationality has been obtained by misrepresentation or fraud.

3. Notwithstanding the provisions of paragraph 1 of this article, a Contracting State may retain the right to deprive a
person of his nationality, if at the time of signature, ratification or accession it specifies its retention of such right on
one or more of the following grounds, being grounds existing in its national law at that time:

( a ) That, inconsistently with his duty of loyalty to the Contracting State, the person:

(i) Has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to,
or received or continued to receive emoluments from, another State, or

(ii) Has conducted himself in a manner seriously prejudicial to the vital interests of the State;

( b ) That the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite
evidence of his determination to repudiate his allegiance to the Contracting State.

4. A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this article except
in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other
independent body.

17
  Article 950 prohibits a nation-State to deprive a person of nationality specifically
on racial, ethnic, religious or political grounds.
 Article 1o51 deals with cases where persons may become stateless owing to
transfer or acquisition of territory, wherein it states that such treaty providing for
transfer or acquisition of territory must include provision whereby no person is
left stateless in that transfer.
These Conventions form a significant set of legal mechanisms which work towards identifying
and reducing statelessness. They also aim at regularizing the status of stateless persons, which
contributes not only to the economic and social development of the member states, but also to
garner broader respect for 18 the rule of law in all societies.52

3.2 International Legal Framework Applicable to India

3.2.1 Universal Declaration of Human Rights, 1948

The Universal Declaration of Human Rights (UDHR) remains the cornerstone of international
human rights law. It was adopted by the UN General Assembly on December 1o, 1948 as a
'common standard of achievement for all peoples and all nations'.53 The UDHR comprises 30
Articles that contain a comprehensive listing of key civil, political, economic, social, and cultural
rights. The Convention is non-binding in status, thus making it an inherently flexible document.
It offers ample room for new strategies to promote human rights, and served as a springboard
for the development of numerous legislative initiatives in international human rights law,
including the International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR), both of which were adopted in
1966. Over the years, it has become part of customary international law.

50
. Art 9- A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic,
religious or political grounds.

51
. Art 10-1. Every treaty between Contracting States providing for the transfer of territory shall include provisions
designed to secure that no person shall become stateless as a result of the transfer. A Contracting State shall use its
best endeavours to secure that any such treaty made by it with a State which is not a Party to this Convention includes
such provisions.

2. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires
territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or
acquisition.

52
UNHCR Rule of Law Unit. (2011). Panel in the Context of Dialogue with Member States on Rule of Law at the
International Level . Retrieved from
http://unhcr.org/cgibin/texis/vtx/home/opendocPDFViewer.html?docid=4ddd1a3c9&query=preventing%20and%
20reducing%20statelessness

18
From the perspective of statelessness, the most relevant article of the UDHR is Article 15, which
states that:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.
This Article, however, does not make clear as to upon whom the right to grant nationality rests.
Nor does it state categorically that the positive duty of granting nationality lies with States. Yet
the Article goes on to create a 'negative duty on the state to not create statelessness', so that any
deprivation must be accompanied by strict rules of procedure and should not result in
statelessness.

3.2.2 International Covenant on Civil and Political Rights (ICCPR), 1966

The ICCPR was adopted by the UN General Assembly on December 16, 1966 and was came into
force on 23 March, 1976. It states the commitment of state parties to uphold civil and political
rights, and has 52 Articles that form part of the core International Bill of Human Rights. India
acceded to the Convention on 1o April, 1979.
Articles 2 and 24 of the Covenant are of importance while dealing the issue of stateless persons.
Both the Articles oblige the State parties to legislate on the matters which give effect to the
rights under the Covenant without any form of discrimination based on race, color, sex, language,
religion etc. Article 24 further highlights the commitment of the International Community
towards guaranteeing right to nationality to a child. Those rendered stateless, especially
children, within nations not yet signatory to the Stateless Conventions of 1954 and 1961 may
find a way out through this Covenant.

3.2.3 International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
The ICESCR was adopted by the UN General Assembly on December 16, 1966. It seeks 'the
ideal of free human beings enjoying freedom from fear and want'54by laying down conditions
'whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and
political rights'. The Covenant does not touch upon the issue of statelessness, the importance of
this Covenant to statelessness lies in the fact that:
1. India has acceded to the Covenant (1979).
2. The framework of the Covenant seeks to secure, amongst the State parties, economic, social
and cultural rights to all persons.
3. By being denied citizenship or nationality, these rights are effectively denied to a stateless
person, thus excluding him from the loop of human rights itself.
Though the provisions of the ICESCR are not directly obligating India to address statelessness,
efforts on part of India to prevent and reduce statelessness will pave a way for realization of
India's commitment towards the Covenant.

54
United Nations, International Covenant on Economic, Social and Cultural Rights (Preamble), Dec. 16, 1966,
http://www.ohchr.org/en/professionalinterest/pages/cescr.aspx.

19
3.2.4 The Convention on the Rights of Child (CRC), 1990
The CRC is important when it comes to the particular protection of children's right to nationality
and also because nearly every country has ratified it. India acceded to this convention on
December 11, 1992. The major provisions of CRC to consider from the perspective of
statelessness are discussed below:
Under Article 7, the state parties should ensure that:
1. The child shall be registered immediately after birth and shall have the right from birth to a
name, the right to acquire a nationality and, as far as possible, the right to know and be cared for
by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national
law and their obligations under the relevant international instruments in this field, in particular
where the child would otherwise be stateless.
Article 8 states:
1. States Parties undertake to respect the right of the child to preserve his or her identity,
including nationality, name and family relations as recognized by law without unlawful
interference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States
Parties shall provide appropriate assistance and protection, with a view to re-establishing
speedily his or her identity.

3.2.5 Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), 1979
The Convention on the Elimination of Discrimination against Women aims at
reducing/preventing gender discrimination in all its forms and manifestations. The CEDAW
provisions relating to the issue of statelessness are discussed as follows.
Article 9 of the Convention reads:
1. State Parties shall grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of the
wife, render her stateless or force upon her the nationality of the husband.
2. State Parties shall grant women equal rights with men with respect to the nationality of their
children.
Furthermore, Article 15 of the Convention states: 'State Parties shall accord to women equality
with men before the law.'55 This Convention is an all-encompassing instrument that seeks to
strike at every form and manifestation of discrimination against women. The Committee on the
Elimination of Discrimination against Women has, in particula15r, recognized that human rights
are binding upon states parties in respect of all women within their jurisdictions, including
displaced and stateless persons.56

55
United Nations Convention on the Elimination of All Forms of Discrimination
against Women, Sept. 3 1981, https://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf.
56
Committee on Elimination of All forms of Discrimination against Women. (2008). General Recommendation No.
26: Women Migrant Workers CEDAW/C/2009/WP.1/R.,

20
3.2.6 Convention on the Nationality of Married Women, 1957
The Preamble to the 1957 Convention on the Nationality of Married Women echoes the UDHR
by stipulating the right to a nationality and the right to not be deprived of a nationality. It also
upholds the beacon of equality in matters of enjoyment of human rights since it promotes
observance of human rights without discrimination as to sex. This Convention holds the
foreground in advocating the rights of women in matters of obtaining, retaining and passing on
nationality.
Article 1 of the Convention enunciates that neither marriage nor its dissolution between two
people having different nationalities, nor the change of nationality by the husband during
marriage, shall automatically affect the nationality of the wife. Thus, marriage or its dissolution
or change of nationality by the husband shall not be the reason for change or deprivation of
nationality of the wife.
Article 2 of the Convention prohibits the loss of nationality of the wife of a person who voluntarily
acquires nationality of another nation, or renounces his nationality. This provision puts forth
that voluntary acquisition of nationality of another State or renunciation of nationality of a State
by one of its nationals shall not affect the retention of its nationality by the wife of such a national.
Article 3 creates obligation on the State parties to ensure that their nationality laws give rights
to an alien wife of a national of that State, to apply for privileged naturalization being the wife of
such national, if the wife cannot become naturalized as a matter of right otherwise under the legal
framework of that State.
India has been party to the Convention since 1957. Coupled with CEDAW, this Convention is
certainly a cornerstone in preventing statelessness as a direct result of gender-based
discrimination in bestowal of nationality.

3.2.7 International Convention on the Protection of the Rights of all Migrant Workers and Members of
their Families, 199057
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families was adopted by the UN General Assembly (Resolution 45/158) on
December 18, 1990. The objectives of this Convention are to protect the interests of workers
who are employed in countries other than their own, bearing in mind the expertise and experience
of that organization in matters related to migrant workers and members of their families. India
has not, as yet, acceded to this Convention.
From the viewpoint of statelessness, the following articles of the Convention are given below:
Article 3 of the Convention states the conditions in which it does not apply. Under clause (d), the
Convention does not apply to refugees and stateless persons unless such application is provided
for in the relevant national legislation of or in the international instrument in force for, the state
party concerned. Hence, the Convention states clearly that it does not apply to refugees and
stateless persons unless the concerned state has signed or enacted a specific legislation or
instrument regarding their treatment.

http://www2.ohchr.org/english/bodies/cedaw/docs/GR_26_on_women_migrant_workers_en.pdf.
57
Ibid.

21
In view of a migrant worker's child, Article 29 states that each child of a migrant worker shall
have the right to a name, to registration of birth, and to a nationality. The Convention does not
apply to refugees and stateless unless the State has put in place legislation at the domestic level
regarding the same, or is party to an international instrument on this issue.

3.2.8 Convention on the Rights of Persons with Disabilities (CRPD), 2006

Recognizing disability as an evolving concept of attitudinal and environmental barriers that
hinders the full and effective participation in society of persons with disabilities on an equal basis
with others, the UN adopted the Convention on the Rights of Persons with Disabilities in 2006.
This Convention highlights the need for promoting respect for, and protecting the human rights
of, all persons with disabilities. India acceded to the Convention on October 1, 2007.
Article 18 of the Convention underlines prohibition of discrimination against persons with
disabilities in matters related to nationality and the freedom of movement that is entailed
therewith.58

58
United Nations Convention on the Rights of Persons with Disabilities, Dec. 13, 2006,
http://www.un.org/disabilities/documents/COP/cosp9_infographic.pdf .

22
 CHAPTER 4
STATELESSNESS AND NRC: PRESENT SCENARIO IN ASSAM

In India, the state of Assam is considered to have diverse cultural and political landscape. It has
a population of around 30 million.59 Agriculture and the production of Tea is a primary source of
income for Assam's economy.60
The challenge in achieving the desired results regarding its territorial and ethnic problems is
one issue which Assam continues to face. In the past, some solutions to these issues have been
resolved by the government, but many issues remain unresolved.61
Mahatma Gandhi visited the conflicted region of Assam some four times, with the final visit
occurring in 1946.62 He assisted the Assam Congress in their recognition and integration into
Independent India. Gandhi was determined for the people of Assam’s’ right to inclusion, despite
forces coalescing for the partial apportionment of the Assam region to Pakistan.63
Following mutual savagery, in 1950 both the free legislatures of India and Pakistan went into
the "Nehru - Liaquat Ali Khan Agreement" which guaranteed uniformity of citizenship among
minorities paying little heed to religion. India explicitly underlined that this privilege was
ensured under its Constitution. The Agreement likewise had an arrangement that permitted
outcasts who fled to return to Assam.
Since the 1950s, because of the ethnic and religious make-up of the district, there has been
changing endeavors to diminish the Muslim populace by creating reports and displaying the
certifiable Muslim inhabitants of Assam as "illicit Muslim outsiders" from Bangladesh.

59
office of the Registrar General & Census Commissioner, India, Ministry of Home Affairs, Government of India
http://censusindia.gov.in/2011-Common/CensusData2011.html
60
Mohammad Iqbal, Migration Crisis Deepens in the Indian State of Assam: Is another Myanmar Style ‘Ethnic
Cleansing’ Imminent?, School of Global, Urban and Social Studies RMIT University Melbourne, Australia, pp 1, June
18, 2018.
61
Stateless in Assam: Precursors to Genocide And Crimes Against Humanity? Familiar Good Foundation (Jul. 15,
2018) http://www.d.dccam.org/Projects/Affinity/pdf/Common_Good_Foundation_Assam.pdf
62
Natwar Thakkar, Mahatma Gandhi and the Ghandians in the North- East Dialogue, Astha bharti (october –
December 2010), Volume 12, No. 2, http://www.asthabharati.org/Dia_oct%20010/nat.htm
63
Sangeeta Barooah Pisharoty, Revisiting Partition: Gandhi’s role in Integrating the Northeast with Independent
India, The Wire (Aug. 9, 2017), https://thewire.in/history/partition-gandhi-northeast-independence

23
Lawmakers have likewise contended that Bangladesh is leading a "statistic attack" into India and
that political gatherings might help unlawful movement so as to assemble "vote banks." There
is no proof to help any of these hypotheses pushed forward by political powers in India.64
4.1 Assam And Citizenship Issue
Citizenship issues since the partition of India stay convoluted and politically charged, especially
in Assam. In this way, it is vital to comprehend these issues as two separate yet parallel tracks.65
There are two aspects of discussions on Citizenship issue in Assam: firstly, the laws on acquiring
and granting of citizenship in India, such as the 1955 Citizenship Act and the second one, the
laws that revoke citizenship through mechanisms such as the Foreigners Act and the NRC. It is
this second track which is the prime focus of this Research Project.

4.2 Citizenship Act, 1955

In 1955, India passed the Citizenship Act which had a specific provision regarding Assam. Section
6A of the Citizenship Act 1955 provides that Bangladeshi immigrants who entered between 1966
and 1971 have to register with the Regional Registration officer to be added to the NRC.
On July 15, 2016, the Citizenship (Amendment) Bill introduced by Shri Rajnath Singh, Minister
of Home Affairs amid a session of the Lok Sabha. The intention was to change the Citizenship
Act 1955. This current demonstration accommodates the securing and assurance of Indian
Citizenship.

The Citizenship Bill expects to change the meaning of unlawful vagrants and modify the
prerequisite of "constant remain" from 11 years to 6 years. It gives citizenship to minority
networks, to be specific Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan,
Bangladesh, and Pakistan who were recently considered as illicit vagrants under the Citizenship
Act 1955.
In any case, the Citizenship Bill forgot certain minority gatherings, explicitly Muslim groups
like the Shias and the Ahmediyas who additionally face mistreatment in different parts of
Southeast Asia. The Citizenship Bill has not right now turned out to be powerful and is petulant.
4.3 Historical Background of Statelessness in Assam and NRC
In 1946, India passed the "foreigners Act" which reached out to all of India and designated to
every Central Government the specialist to deal with remote transients. As per the Act, an
outsider is "an individual who isn't a resident of India." If an outsider has more than one
nationality or an unsure nationality, they might be dealt with "as the national of the nation with
which he appears to the recommended expert to be most firmly associated until further notice in
intrigue or compassion or in the event that he is of questionable nationality, of the nation with
which he was last so associated." The Act portrays a system for the assurance of nationality of
outsiders who are perceived as a national by the law of more than one remote nation, or who is

64
Stateless in Assam: Precursors to Genocide And Crimes Against Humanity? Common Good Foundation (Jul. 15,
2018) http://www.d.dccam.org/Projects/Affinity/pdf/Common_Good_Foundation_Assam.pdf
65
Ibid.

24
dubious about his/her nationality. 66 The Act was amended in 2004 to include a penalty for
contravention of its’ provisions.
In 1950 Assam passed the Immigrants (Expulsion from Assam) Act which allows for the removal
of persons if the person(s) are deemed "detrimental" to the "interests of the general public of
India." 67
Subsequently, the NRC was created after the 1951 census to document the names of Indian
citizens from the region of Assam. It was updated to include new names from electoral roll up to
March 24, 1971 (as agreed in the Assam Accord, discussed below). The data relied on is known
as Legacy Data which forms the basis for a claim to be recognized as a citizen. The government
claims that it is to be used to identify and remove “illegal immigrants” from Bangladesh.68 These
records were eventually transferred to the police.69
In the 1970s, illegal immigration came to be perceived as a burning issue in India once again due
to a considerable number of immigrants obtaining voting rights despite not being able to prove
their Indian identity. In response to this turn of events, a movement which would later be known
as the Assam Movement or the Assam Agitation was launched by The All Assam Students Union
(AASU) working alongside Assam Gana Sangram Parishad (AAGSP) in 1979.70
The Assam Movement lasted six years during which period the state apparatus failed, and the
area became ungovernable. These events eventually led up to the "Nellie Massacre" where
reports indicate close to three thousand people, mostly Muslim, were brutally massacred on the
day of local elections in 1983. The ethnic clashes resulted from continuous discontent with the
presence of "illegal immigrants" and by the controversial state elections where 4 - 6 million
perceived "foreigners” were given voting rights.71 Negotiations between the AASU and AAGSP
with the Indian government brought calm to the area, which resulted in the creation of the Assam
Accord.72
The Assam Accord was marked in New Delhi on August 15, 1985, between the agents of the
administration and those of AASU and AAGSP. Remote nationals who had entered India from
1951-1961 were to be given full citizenship, which included the directly to cast a ballot, while the
individuals who entered from 1961-1971 were rejected from voting in favour of ten years
however appreciated all other citizenship rights. The outsiders who came to India after 1971
were to be extradited.

Besides, the Assam Accord stipulated a monetary advancement bundle for the Assam individuals
and guaranteed authoritative and regulatory shields to ensure their social, social and
etymological personality, and legacy. Notwithstanding the Accord conveying some harmony to

66
Foreigners Act, 1946, No. 31, Act of Parliament, 1946(India).
67
The Immigrants (Expulsion from Assam) Act, 1950.
68
FE online, In-brief: What is Assam’s National Register of Citizens updation and how it will impact illegal
immigrants, Financial Express, (1 January 2018), https://www.financialexpress.com/india-news/explained-in-brief-
what-is-assams-national-register-of-citizens-updation-and-how-it-will-impact-illegal-immigrants/997223/.
69
Ibid.
70
Stateless in Assam: Precursors to Genocide And Crimes Against Humanity? Common Good Foundation (Jul. 15,
2018) http://www.d.dccam.org/Projects/Affinity/pdf/Common_Good_Foundation_Assam.pdf
71
Ibid.
72
Ibid.

25
the zone, the absence of usage by the administration with respect to imperative issues rendered
an enduring help from the pressure inconceivable.

There have been instruments made to offer teeth to the Foreigners Act and ensuing requests.
The first of these systems was the Illegal Migrants Determination by Tribunals Act in 1983
(IMDT Act). The IMDT Act which made IMDTs across the nation was struck somewhere
around India's Supreme Court as illicit and illegal on account of Sarbananda Sonowal v.
Association of India. The Court held, "The IMDT Act which contradicts Article 355 of the
Constitution is, along these lines, completely unlawful and must be struck down." The Court
coordinated "all cases pending before the Tribunals under the Illegal Migrants (Determination
by Tribunals ) Act, 1983 will stand exchanged to the Tribunals established under the Foreigners
(Tribunals) request, 1964 and will be chosen in the way gave in the Foreigners Act, the Rules
made thereunder and the technique recommended under the Foreigners (Tribunals) request,
1964."

Outsiders Tribunals are the successors to the IMD. The Foreigners Tribunals should be
progressively defensive of the interests of the state and worked under a lower standard
concerning "reasonable, just and sensible" preliminary methodology as embraced by the Supreme
Court. The Government of Assam set up Foreigners Tribunals in 2005, with the Foreigners
Tribunal Amendment request and the Foreigners (Tribunals for Assam). In any case, a legitimate
test was made to the 2005 request that it was subjective and not lined up with the Sonowal choice.
The Supreme Court concurred with the applicants and struck down the request.

The Supreme Court at that point requested for councils to be set up by what was arranged in
Sonowal choice. The present quantities of Tribunals working are required to increment,
according to a Supreme Court request in 2o14, in addition, current measurements venture that
90,ooo individuals in Assam have been announced to be outsiders.73
Since then, The Court is now overseeing the documentation process relating to the NRC and had
then requested that the final register to be published by July 30, 2o18.74 Documents used to prove
citizenship include land and tenancy records, citizenship certificates, permanent residential
certificates, and passports.
The full list is to be completed by December 2o18. If applicants are born after 1971, they can use
documents connected to their ancestors.75
4.4 NRC: ‘Just, Reasonable and fair’?

73
Michael Safi, Assam's list: Indian state preparing to deport tens of thousands of 'foreigners'" the guardian,
(February 25, 2018), https://www.theguardian.com/world/2018/feb/26/assams-list-indian-state-preparing-to-
deporttens-of-thousands-of-foreigners
74
PTI, SC extends the deadline for Assam NRC final draft to July 30, Times of India, (July 2, 2018),
https://timesofindia.indiatimes.com/india/sc-extends-deadline-for-assam-nrc-final-draft-to-
july30/articleshow/64833043.cms
75
Ganesan Seetharaman, National Register of Citizens in Assam: Issue of illegal foreigners continues to be a major
political one, Economic Times, (14 June 2015).

26
on 25th July, 2o18, the complete draft of National Register of Citizens (NRC) the , in which more
than 40 lakh of the 3.29 crore applicants in Assam were left out.76 Those excluded in the NRC
will get the chance to record objections the procedure for which has started. Be that as it may,
the greater inquiry is, the end result for those whose interests are turned down? Will they be
extradited? The Union government has not made its position clearand India does not have
repatriation concurrences with Bangladesh and Nepal for the equivalent. It will be a long battle
for those esteemed unlawful.77
There is a fear that the National Register of Citizens draft in Assam may render a significant
number of people stateless and arbitrarily deprive people of their nationality, according to human
rights watchdog Amnesty International India.78
Many questions are being raised on the credibility of the exercise of NRC because of instances
like few people from a single family being left out of the NRC etc. Below, the Researcher is citing
excerpts, which raises apprehension of the exercise of NRC being arbitrary and faulty process,
from various major daily Newspapers:
a. Gautam Soren, individual from Foreigners Tribunal 3 (FT3) in Morigaon, featured
"unfair practices" in the process in his August 27 request while expelling a body of
evidence against Amina Khatun and three others (named inverse gatherings or oPs) of
the region's Madhya Kalikajari town. He saw that outsiders' cases "at this point had
accepted the type of an industry as each individual required" with such cases have been
"attempting to mint cash using any and all means"79
b. According to lawyer activist Aman Wadud, the Morigaon case is only a glimpse of a
larger problem. "Assam Border police and Election Commission have damaged more
major privileges of nationals than every single other organization set up together. They
blame Indian subjects for being unlawful settlers with no examination at all. These two
associations have annihilated lakhs of families," he claimed. This happens in light of the
fact that the Border Police are offered focuses to give outsiders' cases, he said. A Border
Police officer, declining to be cited, conceded that stations in the locale are required to
give 2o cases a month while the objective for each urban police headquarters is five or six.
"Motivations and advancements dependent on the quantity of cases gave are a factor in
fieldworkers serving notification to individuals arbitrarily," the officer said.80
c. The difficulties can be particularly overwhelming for needy individuals with restricted
education. The Assamese realistic writer Parismita Singh, the writer of The Hotel toward
the End of the World (Penguin, 2009), has composed touchingly of the experience of
residents close Biswanath Chariali, a region where she grew up. Numerous around there

76
a Rahul Karmakar, over 40 lakh left out of draft NRC in Assam, The Hindu (Jul. 31, 2018),
https://www.thehindu.com/news/national/other-states/over-40-lakh-people-left-out-in-new-draft-
nrc/article24550576.ece over 40 lakh left out of draft NRC in Assam
77
G Seetharaman, NRC row: Where does India stand on refugees, Economic Times (oct. 6, 2018 11:oo PM),
https://economictimes.indiatimes.com/news/politics-and-nation/nrc-row-where-does-india-stand-on-
refugees/articleshow/66102150.cms
78
PTI, Assam NRC process might render people stateless, deprive Indian residents of their nationality, says Amnesty
International, Firstpost (Jul. 30, 2018), https://www.firstpost.com/india/assam-nrc-process-might-render-people-
stateless-deprive-indian-residents-of-their-nationality-says-amnesty-international-4853431.html
79
Rahul Karmakar, NRC: Tribunal questions process of identifying foreigners, The Hindu (Sept. 19, 2018),
https://www.thehindu.com/news/national/other-states/nrc-tribunal-questions-process-of-identifying-
foreigners/article24980471.ece
80
Ibid.

27
 addressed her about a great deal of kheli-meli, perplexity. An alternate spelling of a name
of a grandparent in a voters rundown of decades past was now and then the wellspring of
the peculiarity. Ladies were especially powerless since "their names never show up ashore
records, or family trees, or school enrolment records". A dad and a tyke don't generally
have a similar surname: a lady with the original name Khatun might be Bibi after
marriage. Additionally, for a few people in the zone "records have dissipated in the
changes of removal through floods and political unsettling influences, ethnic conflicts,
shared mobs, brutality.81
d. Zahiruddin Ahmed found that his name did not make it to the list, though the names of
all his 11 siblings did, as did the names of two daughters. “I, along with my brothers and
sisters, have shown as legacy my father’s documents in Assam dating back to 1951,” he
said.82
e. Md Kuddus Ali was bewildered by his exclusion. He had won a trial in the Foreigners
Tribunal in 1993 where it was established that “Md. Kuddus Ali, his parents, his wife and
his children as mentioned in the reference are not from East Pakistan to Assam”. His
younger son, Md Tamar, was also excluded, though his elder one, Jehrul Islam, was not.
The two brothers had submitted almost identical documents with the same “legacy data”
of their father.83
f. Anwara Begum, 60, of Major top village in Chaygaon was listed as a D-voter before she
challenged it in the Foreigners Tribunal at Uluberi in Guwahati, nearly 1oo km away
from Chaygaon. She won a decision in her favour in February this year. However, in June
she received notice that she was a D-voter. She and her husband have been running from
pillar to post in order to establish her Indian citizenship. Her father, Mohoruddin, and
her husband, Abdur Rehman, are both Indian citizens.84
g. Abdur, a landless agricultural worker, has already spent Rs.60,ooo on lawyers to fight her
case at the tribunal and has no more money left to pursue the matter. "on August 3, I was
supposed to go and present myself with my wife at the tribunal, but I could not, as we
have nothing left," he said. There are several similar cases in Major top, all of them stories
of hopelessness. "Whatever happens to the others will also happen to us," said a defeated
and despairing Abdur. In a few cases, children who are not old enough to vote have been
listed as D-voters. Eight-year-old Monuwar Hussein of Hojai district has no idea what it
all means, but he has had to travel over 200 km with his father, Babur Ali, to Guwahati,
to meet with lawyers.85
h. Mahibur Rahman, vice president, AAMSU, said: “This kind of deliberate harassment is
ruining the poor people financially and destroying their health. They have lost their peace
of mind, as they know to be a D-voter, they are not eligible to enjoy the basic rights of a
citizen. They can neither open a bank account nor get a driver's licence."86
i. Riyazul Islam says he had to produce family documents going back to 1951 to prove he
was an Indian and not an illegal Bangladeshi immigrant. However, a draft list of citizens
released in July excluded him and his mother, among a total of about 4 million people left
off. "If my father is an Indian citizen how come I am not?" said Islam in an interview in

81
Sanjib Baruah, Non-citizens and history, Frontline (Aug. 31, 2018),
https://www.frontline.in/the-nation/article24702054.ece.
82
Ibid.
83
Ibid.
84
Ibid.
85
Ibid.
86
Ibid.

28
 the small Assam town of Dhubri, close to the border with Muslim-majority Bangladesh.
"What more proof do they need?"87
j. The NRC nodal office had sent near six lakh applications to different states for
confirmation. out of them, just 30 percent responded back. In its oath to the preeminent
court, the NRC says 11,4971 cases alone were sent to the Mamata Banerjee government
to confirm uses of occupants professing to have their underlying foundations in West
Bengal. In any case, Assam, the sworn statement says, got reactions for just 7,438 cases.
The rest of checked at the particular appointee official dimension in different regions of
Assam, Hajela said. Without a doubt, huge numbers of them couldn't be verified and were
forgotten.88
k. Eshani Choudhury, 26, is a social specialist from Tinsukia now situated in New Delhi.
Her folks — a Bengali-Muslim dad and a Bengali-Hindu mother — have isolated.
Choudhury's mom and maternal grandma are in the draft however she and her sister, who
utilized the heritage information of her mom, are most certainly not. Her dad and his
predecessors are additionally in the draft. "For me, to head out back to Assam and fill the
cases structure and after that take an interest in the ensuing procedures may mean various
treks via air from Delhi at short notice. I have certain monetary limitations, and this will
add to that," said Choudhury.89
l. Masuma Begum, 25, is a Bengali-speaking Muslim from Lakhimpur region who did her
Masters in Assamese language and is as of now seeking after a B. Ed under Gauhati
University. Her name isn't in the refreshed draft in spite of the fact that those of her three
more youthful kin and guardians are. Begum, a focal panel pioneer of the All Assam
Minority Students' Union (AAMSU) and previous collaborator general secretary of the
Cotton University association, says she is befuddled. "My kin additionally drew their
inheritance from similar archives that I did — this is ridiculous," she said90
These were few instances which clearly show that the process of NRC is not just, fair and
reasonable because the given amount of faults in this process indicates that there is a need of
greater accountability and transparency. Now there is another set of debate over NRC, that is,
whether NRC would help in solving humanitarian crisis in Assam. The researcher will now
(below) deal with this latter set of debate.

4.5 NRC: Solution to Humanitarian Crisis in Assam?

one set of argument is based on linguistic and cultural reasoning. For some, it is a process which
fulfils long-term demand of identifying illegal Bangladeshi immigrants in the state. They argue
that large scale illegal migration from East Pakistan/Bangladesh over several decades has been

87
Reuters, In India’s Citizenship test, a selling error can ruin a family, Economic Times(Aug. 17, 2018),
https://economictimes.indiatimes.com/news/politics-and-nation/in-indias-citizenship-test-a-spelling-error-can-ruin-
a-family/articleshow/65434885.cms.
88
Anand Patel, Fact Check: The mystery behind 40-lakh omissions in Assam's NRC, India today (Aug. 3, 2018),
https://www.indiatoday.in/fact-check/story/fact-check-the-mystery-behind-40-lakh-omissions-in-assam-s-nrc-
1303941-2018-o8-o3.
89
Abhishek Saha, Uncounted in Assam NRC final draft: School teacher, one of twins, MLA, B.Ed student, a social
worker in Delhi Indian Express (Aug. 1, 2018, 12:37:26 pm), https://indianexpress.com/article/north-east-
india/assam/assam-citizenship-nrc-final-draft-names-missing-rajnath-singh-sarbananda-sonowal-5285568/.
90
Ibid.

29
altering the demographic complexion of this state. It poses a grave threat both to the identity of
the Assamese people and to their national security.
They also argue that compelling Assam to share the burden of refugees after the formation of
East Pakistan, to denying its economic growth while using its abundant oil and coal reserves and
tea plantations, laid the foundation for conflict. The grievances peaked after the formation of
Bangladesh in the 1970s, as the Indian Government failed to stop the influx of ‘illegal
Bangladeshi' immigrants into the state. Thus, for them, NRC surely seems to be the first step
towards a plausible solution by legally determining who these illegal immigrants are.91
In ‘NRC is what Will Allow Assam to Escape from the Cauldron of Hate’, the respected
Guwahati-based professor Hiren Gohain has said the National Register of Citizens “is the only
sane and tangible instrument which will restore peace and goodwill in the communities”.92
The other set of view is based on humanitarian principles. They contend that the NRC was made
under strain of the tumult in Assam driven by the All Assam Students Union coming full circle
in the 1985 Assam Accord. The agreement – and the related NRC – visualizes tolerating the
outside nationals who moved into Assam prior to March 24, 1971, as Indian natives, yet not the
individuals who came after that. They question that in the case of executing this arrangement
will re-establish harmony and generosity? To look at this, let us take a theoretical case. Assume
somebody from Bangladesh had entered India in 1972 when he was 2o-years-old. Today, he
would be 67, and in this manner most likely a granddad. Will he be ousted? Where will he go if
Bangladesh does not acknowledge him? In addition, with regards to the posterity of such
vagrants, the image turns out to be considerably progressively muddled93
The Atal Bihari Vajpayee government introduced another amendment to the Citizenship Act in
2003, which specified that persons born in India after December 3, 2003, become Indian citizens
by birth either if both parents are citizens, or if one parent was a citizen and the other was not an
illegal immigrant.
They argue, given these successive amendments, what will be the legal status of children of
"illegal" immigrants who were born in Assam? Children born in India before 1987 would
automatically be considered Indian citizens even if their parents are considered "illegal". The
children of an "illegal" migrant who married an Indian would also be considered Indian if they
were born between 1987 and December 2003. However, any children born of an "illegal" migrant
parent after December 3, 2003, would be denied Indian citizenship. Where will they go?
Bangladesh will not accept them, and even if it did, they might have no home there. If, on the
other hand, they are allowed to stay in Assam without being granted citizenship they will be in
limbo, with the Damocles’ sword of deportation always hanging over their head.
Former Supreme Court Judge, Justice Markandey Katju, supported this view. He said:
"This legal approach to the matter reminds me of a case which came before my bench when I was
a judge of the Supreme Court. It related to illegal squatters in jhuggi shops in Mumbai. My
colleague on the bench shouted "You have no legal right to live there. Just get out". I said "But

91
Amlan Das, I am Assamese & Here's Why NRC is Critical to our Identity, The Quint (Aug. 3, 2018),
https://www.thequint.com/voices/blogs/assam-nrc-identity-politics-bangladeshi-immigrants.
92
Markandey Katju, Debate: The NRC Will Not Resolve Assam's Humanitarian Crisis, The Wire (Aug. 16, 2018),
https://thewire.in/politics/nrc-final-draft-citizenship-assam-violence.
93
Ibid.

30
where are they to go? Should they be dumped into the sea? It is a humanitarian, not just a legal,
problem ".
Almost certainly squatters in Mumbai are for the most part Indians who originated from different
parts of India and not from a remote nation like Bangladesh. Notwithstanding, everywhere
throughout the world, individuals move to remote nations without appropriate papers to escape
from degraded neediness or a battle area or some other reason. It is assessed that there are 11
million undocumented Mexican vagrants living in the US. When even the American specialists,
having the most recent innovation, can't oust them, how do our experts propose to do as such?
The outskirt is long and permeable, by what method can a divider be worked, as boss pastor
Sarbananda Sonowal had guaranteed in his decision battle?"94
Further, he said: "I see no solution to the imbroglio, only more tension, insecurity, anxiety and
possibly worse.95”

94
Ibid.
95
Ibid.

31
 CHAPTER 5
STATELESSNESS AND ITS AWARENESS: AN EMPIRICAL STUDY
This Empirical Research is directed towards collecting the data regarding the awareness of the
issue of Statelessness among Law Students. For Empirical Research, the Researcher selected
Faculty of Law, Jamia Millia Islamia as the universe; Students enrolled in the course of LLM and
PhD were the Population, and the Researcher selected Samples for this study by Simple Random
Sampling method.

5.1 ANALYSIS OF RESPONSES TO QUESTIONNAIRE

Q1. Who are stateless persons?

According to 10% of the total Respondents, stateless persons are Non-citizens or foreigners, and
20% responded that stateless persons are Refugees. 70% of the Respondents responded that
stateless persons are not recognised by any State or disowned by any state. It depicts that the
majority of the Respondents had an idea about what is statelessness.

32
Q2. Is there any problem of statelessness in India?
According to 75% of the Respondents, ‘yes' there exists such problem, and 25% responded that
such a problem does not exist. It depicts that many Respondents knew that such a problem exists
in our Country.

25%
Yes(75%)
No(25%)
75%

Q3. Which State is in the news regarding the problem of Statelessness?

According to 15% of the Respondents, Manipur is in the news regarding the problem of
Statelessness, 25% responded that it is West Bengal and 65% said that it is Assam. It depicts that
many Respondents knew about the current situation in Assam.

15%

Manipur(15%)

25% West Bengal(25%)

65% Assam(65%)

Q4. Where is National Register of Citizens being maintained?

33
According to 15% of the Respondents, National Register of Citizens is being maintained in
Manipur, 25% responded that it is being maintained in West Bengal and 65% said that it is being
maintained in Assam. It depicts that many Respondents knew about the current situation in
Assam.

15%

Manipur(15%)

25% West Bengal(25%)

Assam(65%)
65%

Q5.
Q5. Is there any Indian Legislation which deals with Stateless persons?
According to 70%, there is Indian Legislation in place which deals with Statelessness, and 30%
responded in negative. It depicts that many people do not know that India doesn't have any
Legislation which deals with it.

30%

Yes(70%)
No(30%)

70%

.
Q6. Is there any Indian Legislation which deals with Stateless persons?
34
According to 70%, there is Indian Legislation in place which deals with Statelessness, and 30%
responded in negative. It depicts that many people do not know that India does not have any
Legislation which deals with it.

30%
Yes(70%)

70.00% No(30%)

Q7. Suppose an Accord between a State Government and a Student Union envisages accepting
the foreign nationals who migrated into Assam on or before March 24, 1971, as Indian citizens,
but not those who came after that. Now, A is from Bangladesh and entered India in 1972 when
he was 2o-years-old. Today, he would be 67. According to you, which set of argument do you
support?
According to 65% Respondents, ‘It is a humanitarian, not just a legal, problem', and the other
35% supported the latter argument, that is, ‘Large scale illegal migration from Bangladesh over
several decades has been altering the demographic complexion of this state. It poses a grave
threat both to the identity of the Assamese people and to their national security.' It depicts that
majority are not in support of the latter argument, and they prefer the humanitarian solution to
the current problem in Assam.

35
 Large scale illegal migration from
Bangladesh over several decades
has been altering the demographic
complexion of this state. It poses a
35% grave threat both to the identity of
the Assamese people and to their
national security.(35%)

It is a humanitarian, not just a

legal, problem. (65%)
65%

Thus, the conclusion which can be drawn from this empirical research is that the majority of the
Respondents knew about the current situation in Assam, but they were not aware of the legal
scenario circumscribing this issue of Statelessness. It is pertinent to note that many Respondents
supported the humanitarian approach to this issue. Therefore, it is important to make people
aware about the legal aspect of statelessness and also Government can survey this present
situation, since many Respondents agreed to humanitarian approach. Thus, this survey may help
in devising a humanitarian solution to this issue which involves human rights of masses.

36
 CONCLUSION AND SUGGESTIONS

Statelessness is caused because of many factors. In India, as already discussed above, there is a
long history behind this situation in Assam. The final list of NRC is yet to be published, that is,
on 31st December 2o18. There are various reasons because of which there is a fear that this
exercise of NRC would render many people stateless and one of the major reasons behind this
fear is a political one. Since there is still time for the final list to be published, let's hope that
these people who have been living here since such a long time will not be rendered stateless and
will get to live life just like other citizens of this country.
Now, coming to the present situation in Assam, specific steps are much needed to be taken in the
exercise of NRC, which are as follows:
Firstly, the process of NRC should be Transparent and accountable. Since already discussed
above, there have been instances reported of arbitrarily leaving out only a few members of the
same family. The NRC data should be under RTI and rejection of such Application should be
with a sufficient reason.
Secondly, Political Parties should not use NRC as a weapon to influence public’s view regarding
these ‘accused infiltrators’, since it would disrupt public peace and harmony in Assam and might
also be a threat to the lives of those 40 lakhs people left out of the NRC.
Thirdly, India must accede to the 1954 and 1961 Conventions on Statelessness and implement
them into domestic laws. Acceding to the Conventions would create positive obligations on
India’s part by requiring it to make the necessary changes in its national framework.
Fourthly, the possible deportation of these people being justified by the argument of importance
of preservation of culture of Assam does not seem to be a good reasoning. Human Rights must
prevail in all circumstance because even one life matters.
Fifthly, Awareness regarding the issue of Statelessness should be raised among Law Students
and students of various other fields as such, since this will not only increase research on this issue
but may also provide potential solution for this issue.
Lastly, the final List is going to be published after two months. Thus, India urgently need to
establish a mechanism to deal with the future consequences because in the absence of such
mechanism a chaos would be created and would render India to be a discussion in World Forum
for possible gross human rights violation.
Thus India must take some urgent steps as per the above situation to be true to its Aspirations
as enshrined in the Preamble, that is, Secular, Socialist, Democratic and Republic.

37
 BIBLIOGRAPHY
Statutes
1. The Constitution of India, 1950
2. The Citizenship Act, 1955, No. 57, Act of Parliament, 1955(India).
3. The Foreigners Act, 1946, No. 31, Act of Parliament, 1946(India).
4. The Passport Act, 1967
5. The Passport Rules, 1980

International Conventions
1. Convention relating to the Status of Stateless Persons,1954
2. Convention on the Reduction of Statelessness,1961
3. Universal Declaration of Human Rights, 1948
4. International Covenant on Civil and Political Rights (ICCPR), 1966
5. International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
6. The Convention on the Rights of Child (CRC), 1990
7. Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW), 1979
8. Convention on the Nationality of Married Women, 1957
9. International Convention on the Protection of the Rights of all Migrant Workers and
Members of their Families, 1990
10. Convention on the Rights of Persons with Disabilities (CRPD), 2006

Reports
1. UNHCR Rule of Law Unit. (2o11). The panel in the Context of Dialogue with the
Member States on Rule of Law at the International Level,
http://unhcr.org/cgibin/texis/vtx/home/opendocPDFViewer.html?docid=4ddd1a3c9
&query=preventing%2oand% 2oreducing%2ostatelessness
2. office of the Registrar General & Census Commissioner, India, Ministry of Home Affairs,
Government of India http://censusindia.gov.in/2o11-Common/CensusData2o11.html
3. Global Trends Report 2o14. Retrieved from http://www.unhcr.org/5399a14f9.html
4. Handbook on Protection of Stateless Persons. Retrieved from
http://www.refworld.org/docid/53b676aa4.html
5. Preventing and Reducing Statelessness. Retrieved from
http://unhcr.org/cgibin/texis/vtx/home/opendocPDFViewer.html?docid=519e21oa9
&query=preventing%2oand% 2oreducing%2ostatelessness
6. UNHCR Rule of Law Unit. (2o11). Panel in the Context of Dialogue with Member States
on Rule of Law at the International Level . Retrieved from
http://unhcr.org/cgibin/texis/vtx/home/opendocPDFViewer.html?docid=4ddd1a3c9
&query=preventing%2oand% 2oreducing%2ostatelessness
7. Committee on Elimination of All forms of Discrimination against Women. (2008).
General Recommendation No. 26: Women Migrant Workers
CEDAW/C/2009/WP.1/R. Retrieved from

38
 8. Lt Gen S K Sinha, "Report on Illegal Migration into Assam" November 8, 1998, para 8,
http://www.satp.org/satporgtp/countries/india/states/assam/documents/papers/illeg
al_migration_in_assam.htm.
9. Rajnath Singh, “The Citizenship (Amendment) Bill, 2o16,” July 15, 2o16,
http://www.prsindia.org/uploads/media/Citizenship/Citizenship%2o(A)%2obill,%2o2o
16.pdf 14
Articles
1. Anand Patel, Fact Check: The mystery behind 40-lakh omissions in Assam's NRC (Aug. 3,
2o18), https://www.indiatoday.in/fact-check/story/fact-check-the-mystery-behind-40-
lakh-omissions-in-assam-s-nrc-1303941-2o18-o8-o3
2. Deepika Prakash & Maanvi Tiku, India and the Challenges of Statelessness: : A review of
the Legal Framework relating to nationality,
3. https://nludelhi.ac.in/download/publication/2o15/august/India%2oand%2othe%2oCh
allenge%200f%2oStateless-
A%2oReview%200f%2othe%2oLegal%2oFramework%2orelating%2oto%2oNationality.
pdf
4. Asha Bangar, Statelessness in India, http://www.institutesi.org/WP2o17_o2.pdf
5. Mohammad Iqbal, “Migration Crisis Deepens in the Indian State of Assam: Is another
Myanmar Style ‘Ethnic Cleansing’ Imminent?” School of Global, Urban and Social
Studies RMIT University Melbourne, Australia, pp 1, June 18, 2o18.
6. Natwar Thakkar, “Mahatma Gandhi and the Gandhians in the North- East” Dialogue,
october – December 2o1o, Volume 12, No. 2,
http://www.asthabharati.org/Dia_oct%2001o/nat.htm
7. Sangeeta Barooah Pisharoty, “Revisiting Partition: Gandhi’s role in Integrating the
Northeast with Independent India” August 9, 2o17,
https://thewire.in/history/partition-gandhi-northeast-independence
8. Debasree Purkayastha, “What is the Citizenship (Amendment) Bill, 2o16?” May 26, 2o18,
https://www.thehindu.com/news/national/other-states/what-is-the-citizenship-
amendment-bill2o16/article23999348.ece
9. FE online, “In-brief: What is Assam’s National Register of Citizens updation and how it
will impact illegal immigrants”, Financial Express, (1 January 2o18)
10. Samar Halarnkar, "In Assam, Millions live in Fear of Arbitrary Deportation Drive"
october 28, 2o17, the quint, https://www.thequint.com/news/india/millions-try-to-
prove-citizenship-in-assam
11. Michael Safi, "Assam's list: Indian state preparing to deport tens of thousands of
'foriegners'" the guardian,
February25,2o18,https://www.theguardian.com/world/2o18/feb/26/assams-list-
indian-state-preparing-to-deporttens-of-thousands-of-foreigners
12. Ganesan Seetharaman, “National Register of Citizens in Assam: Issue of illegal foreigners
continues to be a major political one”, Economic Times, (14 June 2o15)

ANNEXURE

39
QUESTIONNAIRE

Q1. Who are stateless persons?

a. Non-citizens or foreigners
b. not recognised by any State or disowned by any state
c. Refugees

Q2. Is there any problem of statelessness in India?

a. Yes
, b. No

Q3. Which State is in the news regarding the problem of Statelessness?

a. Manipur
b. West Bengal
c. Assam

Q4. Where is National Register of Citizens being maintained?

a. Manipur
b. West Bengal
c. Assam

Q5. Is there any Indian Legislation which deals with Stateless persons?
a. Yes
b. No

Q6. Is India Party to 1954 Convention relating to the Status of Stateless Persons and 1961
Convention on the Reduction of Statelessness?
a. Yes
b. No

Q7. Suppose an Accord between a State Government and a Student Union envisages accepting
the foreign nationals who migrated into Assam on or before March 24, 1971 as Indian citizens,
but not those who came thereafter. Now, A is from Bangladesh and entered India in 1972 when

40
he was 2o-years-old. Today, he would be 67. According to you, which set of argument do you
support?
a. Large scale illegal migration from Bangladesh over several decades has been altering the
demographic complexion of this state. It poses a grave threat both to the identity of the Assamese
people and to their national security.
b. It is a humanitarian, not just a legal, problem.

41