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jus sanguinis

Latin · yoos SANG-gwin-is · International law

Meaning. The principle that nationality is acquired through one's parents, not the place of birth.

Under jus sanguinis (right of blood) a child takes the nationality of a parent, wherever the child is born. Under jus soli nationality depends on the place of birth. Most States combine the two.

In India, citizenship by descent under Section 4 of the Citizenship Act, 1955 applies jus sanguinis to persons born outside India, subject to registration requirements. Citizenship by birth under Section 3 has also moved towards jus sanguinis: for a person born in India on or after 3 December 2004, both parents must be Indian citizens, or one must be a citizen and the other not an illegal migrant.

Example

A child born in Dubai to Indian parents may claim Indian citizenship by jus sanguinis under Section 4 of the Citizenship Act.

In Indian law

  • Sections 3 and 4, Citizenship Act, 1955

See also

jus soli · nationality · statelessness · domicile

Read more in the study notes

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