News Highlight
Citizenship path to be eased for 6 minority groups from 3 nations.
Key Takeaway
- The Centre is set to ease the citizenship process for minorities from Pakistan, Afghanistan and Bangladesh who entered India on valid documents but whose passports and visas have since expired.
- The Ministry of Home Affairs (MHA) is scheduled to modify the citizenship portal to accommodate expired passports and visas as supporting papers for processing citizenship applications.
- It is for members of six marginalised groups from Pakistan, Afghanistan, and Bangladesh, including the Hindu, Sikh, Parsi, Christian, Buddhist, and Jain communities.
- Only those Hindu and Sikh applicants from Pakistan and Afghanistan who entered India before December 31, 2009, are now permitted to use expired passports as supporting papers on the MHA’s citizenship portal.
Citizenship in India
- About
- Firstly, “citizenship” denotes the connection between a person and their country.
- India has citizens and foreigners, much like any other contemporary state.
- The Indian State is their allegiance, and its citizens are full members.
- In addition, they have access to every civil and political right.
- Since it excludes non-citizens, it is an idea of exclusion.
- In India, Articles 5 – 11 of the Constitution deal with citizenship.
- Furthermore, to fully enjoy any state where a person enjoys civil and political rights, one must be a citizen of that State.
Articles in the Indian Constitution about citizenship
- Article 5: Citizenship at the commencement of the Constitution
- This article talks about citizenship for people at the commencement of the Constitution, i.e. 26th January 1950.
- Under this, it is conferred upon those persons who have their domicile in Indian territory and;
- Who was born in Indian territory; or
- Whose either parent was born in Indian territory; or
- Who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution.
- Article 6: Citizenship of certain persons who have migrated from Pakistan
- Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if;
- He or either of his parents or any of his grandparents was born in India as given in the Government of India Act of 1935; and
- (a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in India since his migration.
- Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if;
- Article 7: Citizenship of certain migrants to Pakistan
- This article deals with the rights of people who migrated to Pakistan after March 1, 1947, but returned to India.
- Article 8: Citizenship of certain persons of Indian origin residing outside India
- This article deals with the rights of people of Indian origin residing outside India for employment, marriage, and education purposes.
- Article 9
- People voluntarily acquiring it in a foreign country will not be citizens of India.
- Article 10
- Any individual deemed to be an Indian citizen by any of the provisions of this Part must remain so and be bound by any laws passed by the Parliament.
- Article 11: Parliament to regulate the right of citizenship by law
- The Parliament can make any provision regarding the acquisition and termination of the privilege and any other citizenship-related topic.
Citizenship Act, 1955
- The following procedures can be followed to become an Indian citizen:
- Citizenship at the commencement of the Constitution
- Citizenship by birth
- Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen, irrespective of the nationality of his/her parents.
- Citizenship by descent
- A person born outside India on or after January 26, 1950, is a citizen of India by descent if his/her father was a citizen of India by birth.
- Citizenship by registration
- A person of Indian descent who, before requesting registration, had lived in India for seven years.
- A person who has lived in India for at least seven years while married to an Indian citizen before registering.
- Children who are minors and who have Indian citizenship.
- Citizenship by naturalisation
- If a person meets all requirements in the third schedule of the Citizenship Act and has lived in India usually for 12 years, they may become citizens via naturalisation.
- By incorporation of territory (by the Government of India)
Termination of Indian Citizenship
- Renunciation
- Any Indian citizen who is also a citizen of another nation and renounces his Indian citizenship through a declaration made in the way specified by law loses his Indian citizenship.
- When a male person ceases to be a citizen of India, every minor child also ceases to be a citizen of India.
- However, such a child may renounce his or her foreign citizenship within a year after reaching adulthood by filing a declaration of intent.
- Deprivation
- In specific circumstances, the Indian government can revoke a person’s citizenship.
- But not all citizens are covered by this.
- It applies only to citizens who have acquired citizenship by registration, naturalisation, or only by Article 5 clause (c).
- Termination
- Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the citizenship of any foreign country.
Conclusion
- India, as a country that adheres to the idea of ‘Vasudhaiva Kutumbakam,’ should not be quick in making judgments that may disenfranchise her population, defying centuries-old values.
- An excessively legalistic attitude increases stress, uneasiness, and worry.
Pic Courtesy: Business Standard
Content Source: The Hindu