Define 'Nationality'. What are the modes of acquisition and loss of nationality? What is the position of nationality of married women?

Defining Nationality and its Distinction from Citizenship

Nationality is a legal bond between an individual and a state. It is the status that allows an individual to invoke the protection of a state abroad. Citizenship, on the other hand, is the legal relationship between an individual and a state, conferring political rights such as the right to vote and hold public office. While citizenship often determines nationality, the reverse isn't always true. A person can be a citizen of one country and have the nationality of another.

Modes of Acquisition of Nationality

There are generally four primary modes of acquiring nationality: jus sanguinis, jus soli, naturalization, and descent.

• Jus Sanguinis (Right of Blood): This principle grants nationality based on parentage. Many countries, including India, largely follow this principle. For example, an Indian citizen born abroad to an Indian parent automatically acquires Indian nationality, subject to certain registration requirements under the Citizenship Act, 1955.
• Jus Soli (Right of Soil): This principle grants nationality based on the place of birth. The United States and Canada are prominent examples of countries adhering to jus soli.
• Naturalization: This involves a legal process through which a foreign national acquires nationality, typically requiring residency, knowledge of the national language, and an understanding of the country's culture and laws. The Citizenship (Amendment) Act, 2019 in India, outlines a pathway for naturalization for certain categories of migrants.
• Descent: This is a combination of jus sanguinis and sometimes jus soli, determining nationality based on ancestry and place of birth.

Modes of Loss of Nationality

Loss of nationality, also known as deprivation, can occur through various means:

• Voluntary Renunciation: An individual may voluntarily renounce their nationality.
• Deprivation: A state may deprive an individual of their nationality under specific circumstances, often related to national security or obtaining nationality through fraudulent means.
• Expiry of Time: Some countries require citizens residing abroad for extended periods to declare their allegiance or risk losing their nationality.
• Dual Nationality Restrictions: Some countries do not permit dual nationality and may require citizens acquiring another nationality to relinquish their original citizenship.

The Position of Nationality of Married Women

Historically, married women faced significant discrimination in nationality laws. Prior to the 1930 Hague Convention, many countries automatically derived a woman’s nationality from her husband’s upon marriage. This often resulted in women becoming stateless when marrying a national of a country that did not grant nationality by descent.

The 1930 Hague Convention

The 1930 Hague Convention on Certain Questions Relating to the Nationality of Married Women aimed to address this inequality. It stipulated that a married woman's nationality should not be determined by her husband's nationality. However, the convention has faced slow ratification and uneven implementation.

Contemporary Challenges

Despite the convention, challenges persist:

• Dual Nationality Restrictions:** Countries with strict dual nationality rules often require women to choose between their husband's nationality and their own, potentially leading to statelessness.
• Discriminatory Laws:** Some countries still have laws that automatically transfer a woman's nationality to her husband's upon marriage, albeit less common now.
• Statelessness:** Many women remain stateless due to discriminatory nationality laws, particularly impacting refugees and migrants. UNHCR estimates that around 10 million stateless people exist globally, with women disproportionately affected.

Table: Comparison of Approaches to Nationality of Married Women

Country	Approach to Nationality of Married Women
India	Generally follows jus sanguinis. Marriage does not automatically change nationality. Citizenship Act, 1955 governs.
United States	Jus soli. Marriage does not affect nationality.
Germany	Historically followed discriminatory rules, but has reformed significantly. Now generally aligns with Hague Convention principles.
Japan	Traditionally, a Japanese woman acquiring foreign nationality lost her Japanese nationality. Reforms have been implemented to address this.

Case Study: Stateless Rohingya Women in Myanmar

The Rohingya crisis exemplifies the devastating consequences of discriminatory nationality laws. Rohingya women, denied Myanmar citizenship, often face statelessness upon marriage to foreign nationals, further complicating their precarious legal status and vulnerability to human rights abuses.

In conclusion, nationality is a complex legal concept distinct from citizenship, dictating an individual’s relationship with a state and their right to protection abroad. While modes of acquisition and loss are generally consistent, the historical and ongoing discrimination faced by married women highlights the need for continued legal reforms and adherence to international conventions like the 1930 Hague Convention. Ensuring gender equality in nationality laws is crucial for preventing statelessness and upholding fundamental human rights for all.