Statelessness

What is Statelessness

A person is stateless if they do not have a nationality of any country, meaning they are not recognized as belonging to any country(University of Melbourne). Statelessness is often used to refer to refugees or asylum seekers, who have renounced or have been expelled from their home country but are yet to be formally recognized by the government of the country they fled to as their citizens. A prime example is Myanmar’s Rohingya minority.

Official Definition of Statelessness

India does not have any official legal framework to deal with ‘stateless’ persons. In the Indian context then, de facto statelessness would refer to persons living in India who do not qualify to be an Indian citizen under India’s Citizenship Act 1955, and at the same time are not citizens of India. According to the Indian Citizenship Act, citizenship can be acquired by way of birth, naturalization, registration descent and incorporation of territory. The Act states that any ‘foreigner’ lacking ‘without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf’ is an ‘illegal migrant’. Section 6 of the Act specifically prohibits ‘illegal immigrants’ from gaining citizenship by way of naturalization. Thus such ‘illegal immigrants’ end up de facto stateless.

Statelessness as Defined in Legislation(s)

The Indian government and the judiciary have not clearly defined or even mentioned the term “statelessness’ in official communications.  The only explicit mention of the term can be found in the Schedule II Part II of Passport Rules 1980, where providing a Certificate of Identification to a ‘stateless person’ is mentioned.

Legal provision(s) relating to Statelessness

There is no legal provision for statelessness per se. The closest alternatives to stateless persons found in the legal framework are ‘foreigners’. According to the Foreigners Act, 1946, “ “foreigner” means a person who is not a citizen of India”. Its successor Immigration and Foreigner’s Act, 2025 offers the same definition.

Statelessness as Defined in Case Laws

While de jure stateless is not recognized in India,  de facto statelessness does exist in India. As per the Assam Accords, or more specifically Section 6A of the Citizenship Act 1955, people who migrated to Assam from East Pakistan between 1947 and 1966 are automatically entitled to citizenship, and people who migrated between 1966 and 1971 are to be allowed to stay in India and classified as foreigners. The latter can obtain Indian citizenship after ten years.

Court judgements with regards to de facto stateless persons in India have followed a principle of differential treatment. For instance, the Supreme Court had ruled that Chakmas– community who had crossed over to India in 1964 from then East Pakistan, were entitled to state protection of their right to life and liberty as per Article 21. Furthermore, the court ruled that by not forwarding the Chakmas' citizenship applications to the concerned department within the Union government, their constitutional and statutory right to be considered for citizenship was being denied to them by the Arunachal State government. The Rohingyas in contrast have faced a completely different treatment. The Supreme Court while examining the case of Rohingya deportation, had in 2025 ruled that the right to reside anywhere within the country was limited only to citizens of India. Moreover it had refused to intervene in Rohingya deportations as it said that might have implications for national security.

Statelessness as defined in international instrument(s)

The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness are the major instruments of International Law regarding statelessness. According to the 1954 Convention, “stateless” person refers to “a person who is not considered as a national by any State under the operation of”. It also outlines a minimum standard of respect and treatment towards stateless persons, including with respect to the right to education, employment and housing; and guarantees stateless people a right to identity, travel documents and administrative assistance. The 1961 Convention on its part tries to reduce the number of stateless persons.

India is not party to either of the conventions.

The right to nationality has also been laid out in Article 15 of the Universal Declaration of Rights. Other International legal instruments which affirm the right of stateless persons include:

• the International Convention on the Elimination of All Forms of Racial Discrimination,
• the International Covenant on Civil and Political Rights,
• the Convention on the Rights of the Child,
• the Convention on the Elimination of All Forms of Discrimination against Women,
• the Convention on the Nationality of Married Women,
• the Convention on the Rights of Persons with Disabilities
• the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Research That Engages with Statelessness

1) "Statelessness in India” by Social Conflict and Public Policy School of Public Policy and Governance TISS Hyderabad: A comprehensive TISS report examining the multifaceted causes, legal implications, and socio‑economic hardships of stateless people in India, alongside analyses of de jure and de facto statelessness and gaps in national protection. The report uses a qualitative methodology based on in-depth interviews, case studies, and legal analysis to explore experiences of statelessness across multiple Indian states.

2) “India and the Challenge of Statelessness: A Review of Legal Framework Related to Nationality” by National Law University Delhi- The publication offers a concise overview and critique of India’s nationality laws, examining constitutional provisions, statutory definitions, and administrative practices to highlight challenges and gaps in preventing and addressing statelessness. The methodology employs a black‑letter law approach, conducting an extensive desk‑based review of constitutional and statutory texts, international conventions, case law, NGO and UNHCR reports to analyze India’s nationality legal framework through the lens of statelessness.

3) "Statelessness And The Citizenship Amendment Act, 2019: The  Case of Sri Lankan Tamil Refugees" by Urvi Pathak -A focused study on how the Citizenship Amendment Act, 2019 and evolving jus soli vs. jus sanguinis norms in India have affected the statelessness of Sri Lankan Tamil refugees, highlighting the legal conflation of refugees with “illegal migrants” and advocating judicial and legislative remedies. The article uses a doctrinal legal research methodology, analyzing constitutional provisions, statutes, case law, and international legal instruments to critique India’s citizenship regime as applied to Sri Lankan Tamils.