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What Causes Statelessness?

The question arises: Is the predicament faced by Viktor in the movie ‘The Terminal’ purely a fictional story, or does such a problem occur in real life? An official from the Nepalese Embassy in Delhi states that the issues depicted in the film are far less severe compared to what they have observed in reality. Sunaina Sijapati, a Nepali woman married to an Indian citizen, has been stateless for over 15 years due to her inability to acquire citizenship. Former Ambassador to India, Dr. Shankar Sharma, revealed that during his tenure, he met 15 to 20 Nepali women confronting similarly complex citizenship problems.

On May 31, in Kathmandu, among passengers landing at John F. Kennedy Airport in New York was Viktor Navorski from the fictional Eastern European country of Krakozhia. Before leaving his country, Viktor had to attend a dramatic event. A sudden military coup occurs, and since the U.S. does not recognize the new government, Viktor’s passport becomes invalid. U.S. immigration officers confiscate his documents and return ticket, leaving him unable to return home or leave the airport. He is forced to take refuge at a terminal gate.

What kind of situation did Viktor face during his nine months of statelessness there? Armed only with a box of peanuts and some belongings, his story is portrayed in the Hollywood film ‘The Terminal.’ This tale is fictional, with both Viktor and Krakozhia being imaginary. This prompts the question: does such a situation occur in real life?

“The problems we have witnessed are many times more painful than those shown in the film,” said an official from the Nepalese embassy in New Delhi. Sunaina Sijapati’s Nepalese citizenship was revoked as she did not fulfill the required seven years of continuous residency in India according to Indian law, preventing her from acquiring new citizenship and rendering her stateless.

Dr. Shankar Sharma stated, “During my term, at least 15-20 Nepali women came forward seeking help for complicated citizenship issues.” Sunaina married in Dehradun in 2011. To obtain Indian citizenship after marriage, she had to renounce her Nepali citizenship. She initiated the process through the Nepalese Embassy in Delhi, and her Nepali citizenship was annulled in 2015.

According to the Indian Citizenship Act (1955), obtaining citizenship by marriage requires that the spouse must be an Indian citizen and the applicant must reside in India continuously for seven years. Sunaina did not meet this residency criterion, which led to her loss of citizenship. Due to the absence of citizenship, traveling by air became difficult, and she had to rely on road transport. Even then, she must present proof of citizenship or passport.

Sunaina, unwilling to wait seven years, has now been stateless for over 15 years without any resolution. She has sought assistance from authorities in both Nepal and India, but the problem persists.

An official remarked, “Until the legal position regarding citizenship for those married into a country is clarified, it is exceedingly difficult to obtain Indian citizenship. Citizenship restrictions have tightened since the Bharatiya Janata Party came to power.” Victims also report increased strictness from the Ministry of Home Affairs, citizenship authorities, and security agencies.

Dr. Surendra Thapa, Acting Ambassador at the Nepalese Embassy in New Delhi, said the embassy is actively coordinating on Sunaina’s case. “We are making every possible effort to facilitate coordination with all relevant parties,” he stated. He added, “Previous governments could not provide such assurance, but I hope the current government will address this issue seriously.”

Sunaina expresses hope for government-level intervention since personal initiatives have not resulted in any solution. “I want to resolve my long-standing citizenship issue, legally obtain nationality, and live with dignity. I expect support and guidance from the Nepalese government for this,” she said.

Cases like this reveal that the relationship between Nepal and India, often described as ‘bread and daughter’ ties, involves more than emotional connections; legal and administrative complexities are deeply intertwined. Dr. Shankar Sharma advises paying attention even to minor procedures and emphasizes safeguarding citizenship or passports once obtained.

Although ‘The Terminal’ is a fictional story, it is believed to be inspired by the true experience of Mehran Karimi Nasseri, an Iranian refugee. Nasseri was stranded at Terminal 1 of Charles de Gaulle Airport in Paris from 1988 until 2006 due to lack of valid documents, effectively trapped in the airport. He was hospitalized in 2006 due to deteriorating health and lived in various shelters. Nasseri passed away in 2022 at Charles de Gaulle Airport from a heart attack. When ‘The Terminal’ was released in 2004, Nasseri was still at the airport.

In the film, Viktor’s passport is restored after nine months following a war in Krakozhia, allowing him to return home with honor. However, in real life, how much longer must individuals like Sunaina and other stateless people continue struggling to obtain citizenship?