Law on Acquisition of Indian Citizenship - A Godsend Avenue or Quagmire for Refugees and Migrant Population in North East India

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Article

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2023-03

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Indian Journal of Law and Justice

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Bandyopadhyay, Rathin

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University of North Bengal

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Rajkhowa, S. (2023). Law on Acquisition of Indian Citizenship - A Godsend Avenue or Quagmire for Refugees and Migrant Population in North East India. Indian Journal of Law and Justice, 14(1), 230–253. https://ir.nbu.ac.in/handle/123456789/4997

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Abstract

Citizenship is associated with certain prized rights on those conferred with on those legally qualified through the process of acquisition. This is all the more so in respect to refugees and stateless persons. Despite India lacking in an effective legal regime on refugees and stateless persons, such persons have been able to obtain citizenship. The author addresses the issue of citizenship in a holistic manner both from a theoretical perspective and implementation of the law through the application of the domestic legal regime which has been subjected to amendment from time to time. The issue is being addressed in the context of domestic and international imperatives also explores the pragmatic aspects and weaponisation indulged in. The principle of jus soli and gradual acceptance of the jus sanguinis being invoked has facilitated the process, befitting a section of the refugee population across the country and the North Eastern states in particular. In addressing the issue, apprehensions and regional compulsions shredded with historical factors have also been taken into account in the context of influx and delicate balance prompting concerns and contestations on the issue. These and other relevant and related concerns having the propensity to counter balance the fragile sociocultural factors have also been addressed.

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14

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1

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0976-3570

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230 - 253

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