What Challenges Do Stateless Sisters Face Between India and Pakistan?

Two sisters who have been living in India since 2008 are currently facing statelessness as they struggle to obtain Indian citizenship after failing to secure a crucial document proving their renunciation of Pakistani citizenship. Despite their attempts to navigate a complex legal landscape, they have encountered significant challenges that highlight the difficulties faced by many individuals caught between two nations.

Last updated: 23 October 2023 (BST)

Key Takeaways

• The sisters have been stateless since 2017 after surrendering their Pakistani passports.
• They are unable to obtain renunciation certificates due to age restrictions and bureaucratic hurdles.
• A recent court ruling initially favoured them but was later overturned by a higher court.
• They face challenges in accessing basic rights, including education and healthcare, without citizenship documentation.
• The situation illustrates broader issues of statelessness and migration between India and Pakistan.

The Sisters' Journey to Statelessness

The plight of the two sisters, whose identities remain undisclosed, underscores a broader narrative involving migration and identity in South Asia. Originally from Pakistan, they have lived in Kerala, India, since their family moved there in 2008. Their journey took a critical turn in 2017 when they surrendered their passports to the Pakistan High Commission in India, aiming to renounce their citizenship. However, because they were under the legal age of 21 at the time, the High Commission refused to issue their renunciation certificates.

Legal Implications of Renouncing Citizenship

Under Pakistani law, individuals under the age of 21 cannot independently renounce their citizenship. Instead, they must be included in a renunciation application filed by a parent. This legal framework complicates the sisters' situation, as their father, Mohammed Maroof, was unable to complete the necessary paperwork while they were minors.

The Role of the Pakistani High Commission

Despite their attempts to obtain the renunciation certificates once they turned 21, the Pakistani High Commission reportedly declined their requests without providing explanations. This lack of communication has left the sisters in a legal limbo, unable to prove their citizenship status in either country.

Impact of Statelessness on Daily Life

The ramifications of their statelessness have been profound. The sisters struggle to perform everyday tasks that many take for granted. For instance, they face difficulties in obtaining mobile phone connections and enrolling their children in school due to the absence of valid citizenship documentation.

Access to Basic Rights

Although Indian authorities have allowed the sisters to obtain Aadhaar Cards—an identity document that serves many purposes in India—this does not equate to citizenship. As a result, they are denied basic rights and privileges, leading to a life of uncertainty and frustration.

Family Dynamics

The lack of citizenship has created significant strain within their family. One sister’s husband had to leave his job abroad to return to India because she could not travel to him. Meanwhile, the other sister's son requires medical treatment that necessitates travel outside of India, but she cannot leave due to her citizenship status.

Legal Proceedings and Court Rulings

Recognising the challenges faced by her daughters, Rasheeda Bano, their mother, sought legal recourse. In a significant development, a single-judge bench of the Kerala High Court ruled in favour of the sisters, stating that it would be unreasonable to expect them to produce a document that they could not obtain. The court ordered the Indian government to grant them citizenship.

Overturning of the Initial Ruling

However, this victory was short-lived. On 23 August 2023, a two-judge bench of the same court overturned the earlier ruling, emphasising that citizenship must be recognised solely by the Indian state without competing claims from any other government. The court reiterated the importance of the formal renunciation process in establishing legal clarity regarding citizenship.

Next Steps and Future Prospects

The sisters now find themselves with the option to appeal the latest ruling in a higher court, but this could prolong their uncertain situation. The legal framework surrounding citizenship in both India and Pakistan remains complex and often punitive, particularly for those caught in the middle of bureaucratic failures.

Broader Context: Migration between India and Pakistan

The sisters' story is not an isolated incident but reflects the broader challenges faced by many individuals with ties to both India and Pakistan. Since the partition of India in 1947, families have been divided, and migration across borders has become a common, yet complicated, reality. Yet, recent decades have seen increasing scrutiny and stricter regulations surrounding citizenship applications, making it significantly harder for individuals to obtain the documentation they need.

Conclusion: The Need for Reform

The situation of these sisters calls for urgent attention and reform in the citizenship process for those who have been left in limbo. Their ongoing struggles illustrate the human cost of bureaucratic inefficiencies and the need for compassionate policies that consider the complexities of migration and identity in a region marked by historical tensions.

As the sisters await their fate, their story serves as a poignant reminder of the impact of statelessness on individuals and families, and the need for a more humane approach to citizenship and migration in South Asia. How many more individuals remain trapped in similar situations, and what reforms are necessary to prevent such cases in the future? #Citizenship #Statelessness #SouthAsia

FAQs

What is statelessness?

Statelessness refers to individuals who are not considered citizens by any country. This can result in a lack of access to essential rights, such as education, healthcare, and employment.

Why did the sisters surrender their passports?

The sisters surrendered their passports to renounce their Pakistani citizenship to obtain Indian citizenship but were unable to secure the necessary documentation due to age restrictions.

What is the role of the Pakistani High Commission in this case?

The Pakistani High Commission is responsible for issuing renunciation certificates. However, they denied the sisters' requests without providing clear explanations, complicating their citizenship status in India.

What are the implications of the recent court ruling?

The recent ruling indicated that citizenship must be formally recognised by the Indian state, emphasising the importance of proper documentation in the renunciation process.

What options do the sisters have now?

The sisters can appeal the recent court ruling in a higher court, but this may prolong their uncertainty regarding citizenship status.