Some notes on Citizenship Amendment Act from beginning in reference to anti Bangladeshi Jihad! Palash Biswas

Some notes on Citizenship Amendment Act from beginning in reference to anti Bangladeshi Jihad!

Palash Biswas

Palash Biswas - YouTube

www.youtube.com/user/palashbiswaskl

Mr. PALASH BISWAS DELIVERING SPEECH AT BAMCEF PROGRAM AT NAGPUR ON 17 & 18 SEPTEMBER 2003. Sub:- CITIZEN SHEEP AMENDMENT ACT ...

the himalayan talk: palash biswas talks against casteist ...

networkedblogs.com/AajLs

Mr. PALASH BISWAS DELIVERING SPEECH AT BAMCEF PROGRAM AT NAGPUR ON 17 & 18 SEPTEMBER 2003 Sub:- CITIZENSHIP AMENDMENT ACT …

The Ruling Zionist and Brahaminical Hegemony and its India Incs Government have launched UNPRECEDENTED Monopolistic Aggression against the Aborigin Indigenous India. The target remains to EXPLOIT all Natural Resources without any Mercy. Tribal Scheduled Areas are under seize. Unique Identity Project and Citizenship Amendment Act together create an AGENCY to ROB Citizenship of the owners of the Natural resources! Environment Hype is Killed with shifting Jai Ram Ramesh. Now Mining Amendment Bill is followed by Land Acquisition Bill 2011, which has to redefine PUBLIC Interest as CORPORATE Interest!The decks for the New Act is clear as Mamata Banerjee is apparently happy and TRINAMOOL CONGRESS to back the Bill!

Indian Holocaust My Father`s Life and Time - SIX HUNDRED NINETY SEVEN

Palash Biswas

http://indianholocaustmyfatherslifeandtime.blogspot.com/

http://basantipurtimes.blogspot.com/

2711Quota Politics Heralding the End of the Concept of Social Concept

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• palashcbiswas
• Aug 24, 2006

Citizenship Amendment (Dual Citizenship) Act

and the illegal immigration issue is another good example of the

politics of the ruling classes.

clauses and informed the audience about the sacred parliamentary

process and votebank oriented political parties. This new act has

deprived all partition-victim refugees from erstwhile East Pakistan,

settled or unsettled, of citizenship, domicile certificats, human

and civil rights. He also highlighted the demography and power

equation of Bengal which prompted the caste hindu Leaders to go for

partition. They divided Bengal for the post of CM as the undivided

Bengal and India would not allow all caste hindu leadership either in

centre or states.

Clear, I had not to elaborate this point.

Ambedkar had been defeated in Maharashtra and the Congress had

closed every window for him. But Mr Jogendra Nath Mandal and the

Dalits from East bengal districts of Khulna, Barishal, Jassore,

Faridpur, Kumilla ,etc got him elected for the constitution assembly

from Bengal. Later, Baba Saheb became the main architect of the

Indian constitution which opted for parliamentary democracy guarded

with reservation with fundamental rights. Ambedkar knew well that

the castesystem with inherent inequality and injustice would not

allow to happen a democratic setup without proper social reform

measures neglected by Congress. Thus, the Dalits were afraid that

the power transfer would enthrone the Brahmnical rule ultimately.

Ambedkar could not secure separate vote for Dalits in British India

due to the Poona Pact resulted from the famous fast of the father of

the nation. But , in free India, Babasaheb succeded to ensure

constitutional reservation for the downtrodden underclasses.

Reservation meant equal opportunity to the denied marginal

untouchable classes.

But post modern production system captured by Imperialist corporate

alliance worldwide nullify this constitutional provision in India.

Brahminical system sustained for thousand and thousand years as they

ensured the monopoly of knowledge and armament. The Dalits lost the

game of intellegentia. Information explosion, supertechnogy and post

modern marketing have once again marginalised the underclasses as

the media and state power allover, altogether are run by the ruling

caste hindus.

Ambedkar said: educate, agitate and organise.

THe dalits don`t know their history. They are deprived of history

and geography. They forgot that only they consist of the mainstream

which is captured by aggressors.

In Bengal Particular, No one is aware of the most recent history,

the mystery of partition.

Much hyped socalled renaissance sidelined the abolish untouchability

achievement of Harichand Thakur right in the nineteenth century.

Everyone knows Vidyasagar for education and the fight for the rights

of woman. But nobody tells about Guruchand Thakur who opened

thousands of educational institutions as the renaissance school

colleges denied the underclasses admission as in thier worship

places.

Bengal forgot the great fight of ten thousand peasants who evented

NEEL VIDROH.The Renaissance phenomenon alligned with the British

rulers meant social reforms in the cast hindu interests only. As

most of them were Zamindar, the Bengal greats supported the British

at the time of sepoy mutiny, the first freedom struggle and at the

time of the uprise of peasants, too.

With the partition, the political power of Namoshudra, Rajbanshi ,

Paundraksatriya and other militant castes and tribes made diluted

because not only were they desettled from their base areas of east

bengal, but the became the only partition victim community scattered

over this subcontinent without any political representation.

Thus, the caste hindu leadership of Bengal and India diluted the

national dalit movement launched by Baba Saheb Ambedkar and Jogendra Nath mandal.

There is no agitation at all. All agitations are politically

targeted at vote bank.

The much talked about social changes in North India, Participation

of Dalits in power, Mayabati- Lalu- Mulayam phenomenon have not

dethroned the Brahminical system. On the contrary , all this

altogether strengthen the caste system, the inherent inequality and

injustice. Reservation has created an affluent, selfish and

opportunist new class which has created some high profile Nav

Brahmins who undermine their own roots.

Well, I had to tell about the positive things, too. The refugee

movement in Uttaranchal which enjoy the local mass support of all

communities and that of media also. Because it maintained the

nonpolitical character and motivated for survival as Indian Citizen.

Quota Politics Heralding the End of the Concept Of Social Justice

Palash Biswas

(You may publish the matter, if you please. Contact: palash Biswas,

Gosto Kanan, Sodepur, Kolkata- 700110. india. Phone: 033-25659551(r).)

Discrimination against India's lowest Hindu castes is technically

illegal. But try telling that to the 160 million Untouchables, who

face violent reprisals if they forget their place. It is quite

certain that no ruling class would be interested to abolish this

inequality. Sustaining social justice is only a slogan, nothing else.

The politics of new quota for OBC seems to undermine the very concept

of reservation and social justice. Leave alone, the questions of

equality and human rights. The situation is this that every vacancy

has to be decided on quota basis while the indiginious production

syastem destroyed and globalisation has destructed not only our

traditional economy, but also future job opportunities despite the

so called media hype of information explosion, technology and out

sourcing. for whom do you fix the quota while you have no capacity to

provided the minimumjob opportunities to the unemployed generation

next? Simply making every vacancy reserved you do no favour to the

dalits as the deprived general clastes won`t alow the unjust

reservation to continue further. This may be a tactical gimmic to

create massive public opinion to abolish the constitutional

reservation, which was not oppsed at all in its original form. Thus,

depending on the Brahmnicalleadership and clash among one another may

prove very dearly for pro as well as anti reservation forces.

Post the Supreme Court's direction, a continuation of the doctors'

strike would have raised a whole lot of piquant questions, not the

least among them the strong possibility of the protesters losing the

not inconsiderable sympathy they had engendered. The strike being

called off was therefore quite the right decision.

Close to a hundred doctors clashed with the police as they attempted

to take their anti-quota protests to the Supreme Court.AS the bill

providing for 27 per cent reservation of seats for backward classes

students in Centrally-aided elite educational institutions like the

Indian Institutes of Technology and Indian Institutes of Management

is to be tabled in Lok Sabha on Friday, the last day of the monsoon

session, the Youth For Equality agitation is once again the main

headline from castedivede india. Parliamentary Affairs Minister

Priyaranjan Dasmunsi gave this information to reporters on Thursday.

The bill, which was cleared by the Cabinet on Monday, is expected to

be taken up for consideration only in the next session of Parliament

during winter.

The legislation, which is an enabling law arising out of passage of

the Constitution 93rd amendment bill in 2005, is not expected not to

induct the creamy-layer concept by which children of the affluent

belonging to the depressed classes will also be entitled to

reservation.

Against the demand of important United Progressive Alliance

constituents DMK and UPA, the measure is expected to provide for only

staggered implementation of the reservation proposal over a period of

three years starting from the next academic session in 2006-07.

New Delhi: Seeking the intervention of the apex court, the striking

doctors and students took their agitation to the SC, where they

clashed with the police. A scuffle broke out when the police tried to

stop the doctors and students from entering the Supreme Court

premises.

Five doctors, including two lady doctors were injured, when police

used water canons to disperse the agitators. The run-in with the

police happened when doctors broke a police barricade. Police had two

water tankers on the ready.

More than 3,000 doctors from various government hospitals—AIIMS,

MAMC, Hindu Rao and UCMS—went on a mass casual leave on Thursday

protesting the Centre's decision to introduce reservation in

government-aided educational institutions.

Medical students, too, are boycotting all classes. AIIMS officials

said healthcare services in the hospital were not affected as faculty

members and consultants were running the OPDs and emergency and

casualty wards were also functioning.

The scuffle began when the police tried to stop the marching doctors

from entering the Supreme Court premises. Around 200 protesting

doctors and students have been detained. Two women doctors and three

others were also injured in the scuffle. The doctors are seeking the

Apex court's intervention on the quota issue. They maintain that

since the matter was subjudice, the cabinet had no right to pass the

bill.

Casual leave

Meanwhile, more than 3,000 doctors and faculty members of Delhi's top

five government hospitals are observing a black day. They are

protesting against the government's move to hike reservation for OBCs

in government-aided institutions of higher education.More than 700

resident doctors from AIIMS, Maulana Azad Medical College, UCMS and

Hindu Rao are on mass casual leave for a day. Undergraduates of

AIIMS, MAMC, UCMS and Bada Hindu Rao are also staying away from

classes.Authorities at AIIMS decided to stop OPD registration at 10

am (IST) on Thursday instead of the usual 11 am (IST) to cope with

mass absenteeism.

Kolkata protests

In Kolkata too medical students protested against the quota move.

Two students were injured when police had to lathicharge to disperse

the crowd near Statesman house. Students though are continuing with

their protests blocking the central avenue around Bowbazar and CR

Avenue crossing.

The govt of India knows the language of the vote bank only.Thus the

OBC reservation issue has been made a bone of contention.While the

reservation for SC and St is still incomplete and unjust.For example

the mundas and santhal have no resevation in Assam an the Bengali

Dalitrefugees scattered all over India don`t have any reservation as

they enjoy it in West Bengal.The extention of incomplete and unjust

reservation do not influence the general quota only ,but it closes

all doors of opportunities for the underclasses including dalits ie

OBC<ST<Sc...As in West Bengal , the mandal commission report is not

implemented although the ruling left frontclaimstosupport

reservation. The resrvation issue for woman is the example of the

politicalgame which has divided the society for political gains

only.The incomplete and unjust reservation is much more dangerous for

underclasses including dalits,refugees and women. Bengal will have an

Other Backward Classes quota in higher education, but it'slikely to

be less than 27 per cent, the CPM said today.The party's state

secretary, Biman Bose, said there can't be the same percentage of

quotas across thecountry because the proportion of OBCs varies. In

Bengal, the group makes up 15.8 per cent of thepopulation compared

with the national average of 52 per cent.He added that at the same

time, seats should be increased to accommodate meritorious

students."Quotas can't exist at the cost of merit and excellence.So,

there should be an increase in the number of seats along with the

introduction of OBC quotas." Bose,who is also the Left Front

chairman, added that he had spoken to a cross-section of students to

gauge their feelings."I have come to know that students have an

apprehension that there will be a reduced chance of meritorious

students getting admitted to medical and engineering courses because

of the introduction of quotas."Although Bose spoke of keeping the

quota percentage in Bengal lower than 27, legal experts

doubted whether the state government would have the final say on the

matter. Article 251 of the Constitution says any law made by

Parliament on a concurrent list subject like education is binding on

states.So, there is no need for a state to pass a separate law on the

subject. A particular state government, however,is allowed to lower

the percentage of reservation through legislation passed in the

Assembly.An official in the state legal department, however, said the

same article in the Constitution says that the Centre, if it wants,

can override this as well.In this particular instance, however, the

93rd Constitutional Amendment Act specifies no percentage.The 27 per

cent quota the Centre announced yesterday applies only to

institutions of higher education run by it.Human resource development

minister Arjun Singh has written to state governments asking them

to enact their own legislation reserving seats for the OBCs.OBC

reservation in Bengal is now limited to government schools,though

there is a 22 per cent quota for the Scheduled Castes and 6 per

centfor the Scheduled Tribes in higher education.Officials at

Writers' Buildings said the school OBC quota is 7 per cent. Palash

Biswas Gosto kanan ,Sodepur, kolkata-700110 phone:91-33-2565-9551(r)

Evaluating the Indian Government on women's issues:a civil society

perspective Geetha N Bhardwaj OneWorld South Asia 01 June 2006To mark

the second anniversary of the United Progressive Alliance (UPA)

Government in India,over 250 individuals representing mass based

movements and community based organizations and NGOs from all over the

country, came together on May 23-24, 2006 to evaluate the achievements

and failures of the government.The commitments of the CMP on all

significant areas like agriculture, rural development,

health,education, health, were measured against the action taken so

far by the government,through presentations and through theme-based

group discussions.The idea was to present a people's view of the

government's progress on their own agenda as manifested in the CMP, to

be contrasted against their own scores which of course, were

understandably more generous and favourable.The group also intended

to hold the government accountable for its lapses, particularlythe

ones that resulted in huge losses to the people in terms of human

rights as well as lack of access to food, education, livelihood or

health. The question of women's empowerment and gender equality was

discussed as an overarching concern in every session, for it is

truethat women constitute a large part of the country's poor, suffer

discrimination through prevailing social customs, traditions and

cultural practices, and thereby suffer from lack of access to

education,health and livelihood. Speaking on the issue, Ms.Amarjit

Kaur, who is the national secretary of the All India Trade Union

Congress (AITUC) and a leader of the CPI, stated that a scorecard of

the CMP on the issue of women can be based upon four parameters –

political, education, economic and legal.On the political front, the

failure of the government to gather consensus from the various

parties and table the bill for 33 percent reservation for women in the

parliament is indicative of its lack of intent and commitment to the

issue. Even now, the government needs to go ahead and table the bill

in its present form, at the earliest."Further modifications and

amendments can be made at a later date," she said,"however there

should be no further delay in bringing about this bill"In respect of

education, the government had promised allocate 6 % of the GDP for

ensuring universalisation of education. Ms.Kaur recommended that the

government should come out with a bill on right to universal, free

education as early as possible and they should also consider inclusion

of the 0-6 age group within the purview of the legislation.She also

insisted that the ICDS and mid-day meals should be conscientiously

implemented if efforts to educate girl-child are to meet with any

results. For in situations of deprivation,it is the girl-child who

loses out on education; the reality is that many families are

willing to pay high prices to send their sons to school but not so

their daughters.The status of women in unorganized, informal sector

and in export processing zones (EPZ) has not seen any improvement in

the current political regime. At the very least, attention needs to be

paid to the social and physical security of these women, and to the

fact that their basic human rights need to be respected and ensured.

The minimum wage must be ensured for the women,and they must be

allowed to form unions within the EPZ.Also the issue of violence

against women needs to be addressed and increased measures to look at

the physical safety of women should be taken up.The UPA government

has two achievements to its credit in the legal arena,in terms of the

domestic violence bill and the amendment to the Hindu Succession

Act.However, it has yet to implement the modifications that have been

suggested by women's groups, in respect of enacting a bill for sexual

harassment at the workplace.With more and more cases of this nature

coming out into the open, the need for thisbill is being increasingly

felt, particularly if we wish to increase the participation of women

in the productive arena. Legislative reforms have been identified as

one of the thrust areas in the CMP. An Inter-Ministerial Committee

including NCW and NGOs working in this field has been constituted in

May 2005 to review existing laws to address discrimination and ensure

equality to women. The government also needs to effect the amendment

of age-old laws that are relevant to women so that they incorporate

a gender- sensitive perspective that is pro-women or at least

reflective of women's realities.Understandably, Ms.Kaur stayed with

her mandate of speaking on the issue of women's empowerment and

benefits, as promised in the CMP. However, we must not forget that

women constitute a majority of the country's poor, and therefore this

evaluation will remain incomplete without a look at the impact of the

shocking apathy of the government in respect of its accountability to

the poor. The ostensibly pro-poor face that the government had

displayed at the beginning of its tenure, is fast wearing off as it

buckles down to the neo-liberal forces on the one hand, and to the

left-wing forces on the other.The decision to continue the

construction of the Sardar Sarovar dam while not taking a strong stand

on ensuring the dignity and survival of the dam affected families has

adversely affected the lives of thousands of women and children.The

government has so far made no effort to correct this huge error.The

large scale evictions in Mumbai and Delhi, and in myriad

forests,villages, towns and cities across the country reflect the

fact that the government cares for development, and the poor do not

matter.These incidents are in contradiction with the CMP commitment

that there will be no forced eviction of people and that adequate

rehabilitation will be ensured in all cases.The increasingly threats

to peace, human rights, and to the secular and democratic nature of

the nation is something that the present government must take into

cognizance for these are the values that women hold dear to the

heart. The UPA government will need to take cognizance of these

recommendations if any level of success in the CMP is to be

achieved.Also, in the ultimate analysis, the people's verdict will

always be based on the criterion of human development balanced

against economic growth, and the government would do well to

incorporate the human element into its evaluation rather than

resort to congratulating themselves on economic progress alone.

But the relief the government undoubtedly feels should be laced with

a strong dose of self-criticism. Why did it take the Supreme Court —

which was after all hearing a PIL on the validity of the quota

extension policy and was not petitioned on the strike per se — to

persuade a group of educated, disaffected young Indians? What does

the government and the general political culture lack that it can't

impress those who are not professional agitationists, nor trained in

the black art of organised, politicised collective bargaining? Why do

official promises sound hollow while judicial directives work? To

answer these questions simply by pointing to the far greater

credibility the Supreme Court has, would be to allow our political

class a much undeserved escape. The real answers lies in the manner

politicians look at policy and people.

WHILE the policy of reservation in favour of the Scheduled Castes was

implemented very early on and systematically in post-independence

India, the same arrangement could not be made for the Other Backward

Classes. Positive discrimination was probably so well accepted by the

Indian elites and especially the Congress establishment so far as the

SCs were concerned because none of these measures threatened their

superiority. More importantly, it enabled them to defuse the

Ambedkarite mobilization through co-option of Dalit leaders who could

be offered some kursi in the mist of quotas. The case of the OBCs

involved a completely different dynamic: the Congress establishment

remained reluctant towards any positive discrimination in their

favour till the end and when such measures were taken it was for

purely political reasons, not for the socio-economic benefits they

were supposed to offer.

The biggest casualty of the agitations over the reservation issue has

been effective discussions, and the opportunity to engage in a wider

debate has been lost.

Consider the take-it-or-lump-it fashion HRD Minister Arjun Singh

first introduced the quota extension policy. Here was an attempt at

social engineering that would drastically change the already brutal

arithmetic of admission to quality institutions. But for days the

government and the general political class seem to be saying that

anyone opposing the policy was simply being elitist or retrogressive

or casteist. Why wasn't a clear blueprint of higher investment in

higher education laid out? It took a fortnight for the government to

come out with a seat increase plan in a few institutions that was

clearly insufficient to address the issue at hand. No remotely

intelligent attempt was made to make the numerical/social basis of

the extra quota clear. No one explained why, when higher education

needs a policy paradigm shift, did the government find it so urgent

to play with the most ineffective of public policy tools? Of course,

none of this was done because behind the whole mess was a political

calculation. That the calculation may yet prove wrong for the

Congress, as this newspaper has argued, merely makes everything that

has happened in the last month or so even more ridiculous. The

protesters had always caught this whiff of cynical politics every

time official spokespersons opened their mouth in conciliation. Thus

their unwillingness to listen to politicians.

Sure, the OBCs did not face untouchability and most of them did not

suffer from the worst oppression of the caste system. But they have

suffered from systematic disadvantage in accessing education and

middle-class jobs. Look at its effect today: according to the

National Sample Survey, out of 1,000 upper-caste Hindus in urban

India, 253 were graduates. Among the Hindu OBCs, this figure was only

86 per 1,000. The picture gets worse if we look at post-graduate and

professional degrees. Caste-wise break up from another study shows

that access to higher education still reflects the traditional caste

hierarchy: the rate of highly educated is 78 per 1,000 among the

Hindu Brahmins, around 50 or plus for other `twice born' caste

Hindus, Christians and Sikhs (with the exception of Rajputs who now

include many upwardly mobile non-dwijas), but only 18 for the OBC and

even less for SC and ST. The inequalities in the level of educational

attainment of different caste groups are still unacceptably large.

This situation is not an outcome of any natural differences in IQ of

different caste groups or uneven desire to pursue higher education.

These differences are principally an outcome of unequal

opportunities. That is why the government needs to step into this.

To be born a Hindu in India is to enter the caste system, one of the

world's longest surviving forms of social stratification. Embedded in

Indian culture for the past 1,500 years, the caste system follows a

basic precept: All men are created unequal. The ranks in Hindu

society come from a legend in which the main groupings, or varnas,

emerge from a primordial being. From the mouth come the Brahmans—the

priests and teachers. From the arms come the Kshatriyas—the rulers

and soldiers. From the thighs come the Vaisyas—merchants and traders.

From the feet come the Sudras—laborers. Each varna in turn contains

hundreds of hereditary castes and subcastes with their own pecking

orders. A fifth group describes the people who are achuta, or

untouchable. The primordial being does not claim them. Untouchables

are outcasts—people considered too impure, too polluted, to rank as

worthy beings. Prejudice defines their lives, particularly in the

rural areas, where nearly three-quarters of India's people live.

Untouchables are shunned, insulted, banned from temples and higher

caste homes, made to eat and drink from separate utensils in public

places, and, in extreme but not uncommon cases, are raped, burned,

lynched, and gunned down.

Internal Security Rhetoric: MNIC,UID, Citizenship, Border Fencing, Insurgency, Gorkha Janmukti Morcha and Maoism

Troubled Galaxy Destroyed Dreams, Chapter 296

Palash Biswas

Nandan Nilekani has a different Plan with his UNIQUE Identity Card, quite UNKOWN to even the most previlleged Indian Citizens, the Memebrs of the Parliament..

One of the most ELEGANT and EMPOWERED ladies in India, the BJP  leader Mrs Sushma Swaraj asked the Home  Minister of India,Chettiar Chidambaram to  clarify the UNIQUE Identity Card Plan and also requested to differentiate between Unique I card and Multi Purpse national Identity card! She was speaking on the demands of Home Ministry and talked on details on the issues of national Security realting it to Development! She as well as Congress MP from Mumbai, Sanjay Nirupam whom we also saw recently in a Reality Show LIVE on TV, in BIG BOSS, emphasised that the NATOIONAL I Cards are very SENSITIVE for national Security despite INDULGING in Blame game with UPROARS!

But the issue was DIVERTED as Chidambaram as well as Extra Constitutional Elements running the Government of Indian Inc Illuminati like Montek Singh Ahluwalia, Sam Pitroda, Sunil Mitra, GP Goenka, Chndrashekhar, Mukesh Ambani, Ratn tata and so on, play a DIFFERENT ball game and know well how to kill the Constitution and by pass the Parliament to defend US as well as Desi LPG Mafia interests INTACT sustaing the Manusmriti Rule in this Geopolitics under TRIIBLIS Zionist World Order!

Parliamentary Minutes and records may not help much just because of Excellent Floor Adjustment similar to END Use Monitoring Understanding endorsed!

Nilekani simply creates a DATA Base allocating Citizenship numbers only and would not give us any card whatsoever, UNIQUE or MPNIC! So waht difference we may focus on. As Branding the ABORIGINAL Population MAOIST, Killer machine acomplishes the ASHWA MEDHA Vedic ygya , MASS Destruction, in the similar way BOOST in the REALTY Sector and the Lumpane capital Flow unrestricted, Unregulated FIIs and FDI have taken over the Economy and another Elite Brahmin from Bengal SUNIL Pal enters to lead DISINVESTMENT Drive, NILEKANI Project has not to be limited within the ILLEGAL Migrants only!

All these years, I was concerend with the Mass Movement to defend the partition Victim Bengalies scatteded countrywide and suddenly dtizenship!

Now, I see that 238 families in Lucknow, had been flushed out and none of them were either Muslims or Bengalies! All of them belonged to Lucknow and adjoining districts. Our noted friend, Social Activist like Sandeep Pandey could not defend them!

The Realty BOSSES would use the CITIENSHIP Amendment Act to EJECT out the underclasses, whatever community they belong to, CAPTURING Prime properties everywhere in the country!

Recently, we were looking for a Place no less than Ten Thousand sqaure feet as we may not get BRIGADE Ground for environment Restriction and BOOK fair venue is not only limited to just eight lac square feet is has been booke already! No land is available all over Bengal. builders and Promoters have CAPTURED!

This bloody Citizenship Act is being INVESTED for REALTY Sector BOOM and it has nowhere linked to National Security! Not on bengali Refugees or Muslims speaking Bengali, but all communities have to feel the BURN son or late!

Neither Sushama nor Sanjay seem to be aware of this fact.

Tribals already DISPLACED, Persecuted, subjected for REPRESSION Infinite had always been the SCAPE Goats for so called Industrialisation and DEVELOPMENT! Most of them have no DOCUMENT to prove their CITIZENSHIP! Specially the DENOTIFIED Travelling tribes! What will happen to them? Not to mention the SLUM DOGS in the METRO!

No MP may dare to ask this question!

I am sorry that I have been quarelling with my father who had contact with all the Prime ministers since Nehru to Bajpayee that the Government of India is not serious enough to stop REFUGEE Influx and Persecution of the Minorities across the BORDER! I also did quarell with his EMINENT friends like ND Tiwari and KC Pant and asked straight questions whenever they visited the REFUGEE Vote Bank base in Nainital! Why the GOI has no national POLICY to Solve the REFUGEE Problems!

Last Night, a Social ACTIVIST friend OMKAR from Punjab had been captured by DRUG  mafia in Bangao, North 24 pargans! The Police had to rescue him. Every area across the INDO Bangla  Border, despite the presence of BSF and Wired Fences, has become a FREE ZONE of DRUG and HUMAN traficking!What is the RELEVANCE of internal securities for the People in Border areas, North east, Himalayan Zone, dandakarany and Tribal Areas, let me know!

One more thing! I have talked to ANANDA SWAROOP verma, who has invested no less than full three decades to create an ALTERNATIVE Media! We always supported him!

But some of our friends meanwhile tried our best to organise PARALLEL Media using NET!

Now INTERNET is ROBOTICALLY Monitored by Pentagon and NASA! Blogs and Groups, Webs and Information are mercilessly wiped out!

Recently, we witnessed a SURGE of DEBATE on CITIZEN`s Journalism Nationwide! Some EMINENT Editors also Contacted me!

What is the RESULT?

This CITIZEN`s Journalism has to be KILLED systematically just RESTRICTING the ACCESS of Foreign Mail and REDUCING the NET TIME, DEPRIVING of NETWORK and INFRASTRUCTURE!

I NEVER know how long I would be able to sustain my BLOGS!

If you consider the CONTENT RELEVANT, Pl save it in DISCS! Lest it would be wiped out sooner or later!

And see! What CHIDAMBARM dealt with?

Wednesday, July 22, 2009

Terror threat to India has not diminished: Chidambaram

New Delhi: Cautioning against any complacency on dealing with terrorism, home minister P Chidambaram on Wednesday said government will remain alert against the menace with the epicentre of terrorism lying on India's border.

"Let there be no illusion. The terror threat to the country has not diminished. During the last six months, a significant number of potential terrorists including Madani have been arrested.

"Our objectives are three-fold. Raise the level of preparedness meet any terror threat directed against India, respond swiftly and decisively to any terror threat or any terror attack and we have to remain on guard against terror and cannot lower our guard," he said replying to the discussion in the Lok Sabha on demands for grants of his ministry for 2009-10.

He said terror was a global phenomenon but that did not give any solace to India because "one of the epicentres of terror is the country on our border".

He rejected a member's contention that people of the country were living under fear and said he had great confidence in people of the country which had shown tremendous resilience and face such challenges in history.

In his 45-minute speech, he touched on various internal security issues and threats like Left-wing extremism, insurgency in the Northeast and situation in Jammu and Kashmir.

Offering an olive branch to insurgents in Northeast, Chidambaram said the government was prepared to hold talks with any group that was prepared to abjure violence and surrender arms.

"As long as they indulge in murder, threat, extortion, there's no question of talking to them. How can an insurgent group offer ceasefire to a sovereign nation," he said ridiculing reports that government would accept ceasefire offer by DHD-J alias "Black Widow" militant group in Assam.

Chidambaram said home secretary G K Pillai would visit Assam on July 30 and the Centre has advised the state government to do everything between now and then to encourage the DHD(J) group to come to the negotiating table.

Dealing with the Naxal violence, the home minister said over the years it has been underestimated with the result that MCC and PWG had merged in 2004 as CPI(Maoists), strengthened themselves, acquired arms and expanded their area of operations.

They became so powerful that they took the decision to merge and declared that they would continue a class struggle through guerrilla war, he said.

Chidambaram took digs at the Left Front government in West Bengal for not taking suitable action against the Maoists on the belief that the two were involved in the same class struggle.

"The CPM did not take suitable action against the Maoists. You paid the price in Lalgarh," he said.

Chidambaram said after a police station was captured by Maoists in West Bengal with 100 policemen locked inside, the state government could not open it.

"The state government was not willing to commit its forces. I put my foot down and told the chief minister that your forces should have to fight from the front and the paramilitary forces will assist them. The chief minister understood that I meant business and then gave the state government forces," he said.

The home minister said the government has two-pronged approach to deal with the Left-wing extremism -- clear and hold the territory held by Naxals and then carry out development. "We will face the challenge squarely," he said.

On Jammu and Kashmir, he made it clear that Army would continue to be deployed in all parts of Jammu and Kashmir where there is a terrorist threat.

He said he had never made any statement that the Army would be withdrawn.

On paramilitary forces, the minister said the government would try to follow the Punjab-model by encouraging the Jammu and Kashmir Police to take the lead role in fight against the terrorists and the paramilitary forces would assist them.

However, he conceded that it would not happen overnight and would take a long time.

On the issue of withdrawal of Armed Forces Special Powers Act, he said the government had taken note of the demand and will revisit the issue at an appropriate time. "We will review," he said.

Source: PTI

Nandan Nilekani took charge as the chairman of the Unique Identification Database Authority of India Thursday and started work on the government's ambitious project to provide a single identity number and card to each of the country's 1.17 billion people. On the other hand,Home minister P Chidambaram said in Lok Sabha on Wednesday that there was no plan to withdraw the army in militancy-hit Kashmir.

On the issue of withdrawal of para-military forces, he said that it could be done once the J&K police had enough strength to manage on its own.

The joint might of the opposition parties was once again visible on Wednesday as they castigated the government for delinking the terrorism issue from the Indo-Pak composite dialogue.

Initiating the debate, BJP's deputy leader of opposition in Lok Sabha, Sushma Swaraj, said that the PM Manmohan Singh was in a hurry to sell tea, potatoes and onions to Pakistan when not even a year has elapsed since the Mumbai terror attack. He has done this by delinking terror from the dialogue.

She reminded the UPA government that the way it was posturing with Pakistan was against the mandate it got in the recent Lok Sabha elections. The Congress-led coalition had garnered the votes while promising to take action against Pakistan, she added.

Chidambaram rebutted her assertion that the government had failed its promise of "zero tolerance" towards terror.

Every year, some 25,000 Bangladeshis entering India with valid visas do not return home while many more travel there illegally, raising security concerns for New Delhi, the Indianenvoy to Dhaka said today."We know that around 25,000Bangladeshis do not return after entering India every year; those who enter unrecorded are many more in number," IndianHigh Commissioner Pinak Ranjan Chakravarty said.

He said New Delhi could not brush aside the issue of illegal migrants because of security concerns in view of increase in terrorist attacks in the region in recent times.

Meanwhile, The Supreme Court has admitted a petition alleging presence of 40 lakh illegal migrants in Voter's List in Assam and issued notice to the Assam Government, Central Government and the Election Commission of India. The petition filed by Assam Public Works (APWs) came for preliminary hearing in the Court of the Chief Justice of India, KG Balakrishnan.

The Bangladesh government has dismissed a recent claim by the Indian High Commissioner here that every year 25,000 Bangladeshis go to India and stay there.

"[The] Ministry would like to inform all concerned that the information available with the government does not correspond with the observation of the High Commissioner," said a Foreign Ministry spokesperson. "Moreover, Bangladesh has not received any official communication from the government of India in this regard."

The Ministry spokesman also said Bangladesh-India relations were "multi-faceted and deep-rooted."

The ministry's statement came after Indian High Commissioner Pinak Ranjan Chakravarty's reported claim at a conference here to this effect.

"Those who enter unrecorded are many more in number," said Mr. Chakravarty and added, "Our concern about illegal migration cannot be brushed aside."

Mr. Chakravarty also said security was a major concern for his government in the recent times following the rise of terrorism in the region.

Clarification

The High Commission also issued a clarification and said Mr. Chakravarti's remarks had been taken out of context and misreported, leading to a misunderstanding and unwarranted controversy.

Responding to these remarks, the High Commissioner mentioned that visa is a problem area because of two reasons: the large number (around 25,000) of Bangladeshi nationals who obtain visa but do not return, and the difficulties caused to genuine visa applicants by 'touts and brokers'.

The High Commission also clarified that the Indian envoy was highlighting a well-known problem i.e. 'touts and brokers' .

The Gorkha Janmukti Morcha (GJM) today asserted the indefinite Darjeeling bandh will continue even as proper environment was being created for the withdrawal of the strike which has crippled the hills since the last nine days.

"The indefinite bandh will continue and no force in the world can suppress our democratic movement", said GJM general secretary Roshan Giri in a press meet today referring to the impending deployment of paramilitary forces in the hills.

Whatever forces the government may apply to suppress us, our movement will continue and if our people are subjected to assaults then the circumstances will be different, Mr. Giri said in a thinly veiled warning against the government. We don't want to stay with West Bengal and why we are being forced to do so?, he questioned.

At the same time, the GJM general secretary admitted that things were till yesterday heading in a proper direction for calling off the strike due to the State government's letter to hold talks on Gorkhaland issue.

However, today the GNLF leader Rajen Mukhia was released on bail while nineteen of our members were not granted bail and sent back to jail in connection to the Panighata incident of July 10, said Mr. Giri. "Our people should also be released", he demanded.

The GJM general secretary also demanded the transfer of IG (North Bengal) KL Tamta, additional SP and Kurseong SDPO as they are trying to 'suppress' the ongoing agitation.

"At one hand, they (government) is offering to hold talks and at the same time, they are doing injustice to us", he said.

Mr. Giri also informed that BJP stalwart Susma Swaraj had raised the Gorkhaland issue in the Parliament today. This is for the first time that the issue of Gorkhaland has been raised in the Lok Sabha, he added.

A massive rally by GJM will be held tomorrow at Darjeeling.

Home Minister P Chidambaram on Wednesday said the terror threats to internal security have not ''diminished''.
Stating that the epicenter of terror in the country is in the neighbourhood, Union Home Replying to a debate on a discussion on the demands for grants under the control of Ministry of Home Affairs, Chidambaram said the Maoist violence within the country will have to be dealt firmly by first taking control of the so-called "liberated zones" in Jharkhand, Orissa, Chattisgarh, Andhra Pradesh and "in two-three districts in West Bengal." Amidst protests from CPM member Basudev Acharya, the minister said the Left in West Bengal had for long avoided taking action against the Naxals maintaining that the latter were fighting "class enemies." Now they are paying a price in Lalgarh, he said. Chidambaram said a police station which was taken over by Maoists could not be opened up by the State government until CRPF was deployed there. The first step towards dealing with the left wing violence would be to free the areas from under Maoist control. The Minister said threats to internal security "have not diminished" with security forces in tandem with intelligence exposing a number of "potential" terror plots during the last seven months. Army to stay put in J&K On the Jammu and Kashmir front, Chidambaram said the army will continue to stay in Jammu and Kashmir for counter-terrorism operations. Chidambaram was responding to BJP leader Sushma Swaraj's charge that the home ministry was seeking to withdraw 23 battalions of para-military forces from J&K. Earlier in the day Swaraj while speaking in the Lok Sabha, said budget allocation was very meagre. Chidambaram contradicted Swaraj, saying, "I know how to take money and how to give money," amidst peels of laughter.   Speaking about North-East extremist violence, the minister said it has external-linkages with extremists getting safe havens in Bangladesh, Myanmar and Nepal.

Insisting that the terror threat is not diminished in India, Home Minister P Chidambaram said on Wednesday that the threat of Maoists should be faced squarely.

Replying to a question in the Lok Sabha over grants, Chidambaram said the CPI(Marxists) had not gone all out against the violent CPI(Maoists) because of the similar ideology followed by the two.

On this, the Marxist MPs stood up in an uproar. The minister pacified them by saying that these were his own views and he was entitled to put them in the House.

"The state government of West Bengal

was not willing to take on the Maoists by using their own force. When I showed firmness, they relented," Chidambaram revealed.

The state and Central security forces have been engaged in an armed campaign to free the area of Lalgarh in West Midnapore district from Maoist control for over a month now. Again the CPM MPs stood in outrage to which Chidambaram said it was known that the party had internal differences on the issue.

The minister said the Naxal threat was present in the states of Chhattisgarh, Bihar, Orissa, West Bengal etc.

"I don't want to make a political point here but none of these states have been ruled by the Congress in the last 10 years. The state governments can not shrug of their responsibility of not developing these areas," Chidambaram said.

He also said that it was correct that the people had taken to arms not only because of poverty but also because they were ideologically misguided. "Challenge from Naxals will have to faced squarely. We are adopting a two pronged strategy for the same- police action and development."

Home minister P Chidambaram on Wednesday took a swipe at the Left Front government in West Bengal blaming Maoist insurgency on the state

government's inaction. He said that the CPM was under the mistaken belief that they and the Maoists were fighting the same "class enemy'' and the price for this had been Lalgarh.

Chidambaram told the Lok Sabha, "The CPM did not take suitable action against the Maoists. You paid the price in Lalgarh. You felt that you and the Maoists were fighting the same class enemy. This is my view.'' The statement was met by howls of protests from the Left parties.

The minister said that Naxalism had been underestimated over the years with the result that MCC and PWG had merged in 2004 as CPI (Maoists), strengthened themselves, acquired arms and expanded their area of operations.

In his 45-minute speech, he touched on various internal security issues and threats like Left-Wing extremism, insurgency in the North-East and the situation in Jammu and Kashmir.

The minister, who was replying to the demand for grants for the home ministry, offered an olive branch to insurgents in the North-East. He said the government was prepared to hold talks with any group that was prepared to abjure violence and surrender arms. "As long as they indulge in murder, threat, extortion, there's no question of talking to them. How can an insurgent group offer ceasefire to a sovereign nation,'' he said ridiculing reports that the government would accept the ceasefire offer by DHD-J, which is also known as the "Black Widow'', militant group in Assam.

Chidambaram said home secretary G K Pillai would visit Assam on July 30 and the Centre has advised the state government to do everything between now and then to encourage the DHD(J) group to come to the negotiating table.

Cautioning against any complacency on dealing with terrorism, the minister added that the government will remain alert against the menace with the epicentre of terrorism lying on India's border. "Let there be no illusion. The terror threat to the country has not diminished. During the last six months, a significant number of potential terrorists have been arrested.''

He said terror was a global phenomenon but that did not give any solace to India because "one of the epicentres of terror is the country on our border.''

Chidambaram also said that the government would place the report of the Liberhan Commission, which probed the 1992 demolition of the Babri Masjid in Ayodhya, along with the Action Taken Report, before Parliament well before the statutory period of six months. The report was submitted on June 30.

Mr. Nilekani, who met with reporters briefly after assuming office at Yojana Bhavan, the headquarters of the Planning Commission here, said the main task of the authority would be to create a database that will help in issuing unique identity cards.

"This will be a nationwide system of authentication," said the 54-year-old co-founder of Infosys Technologies, who was personally selected by Prime Minister Manmohan Singh to head the project with the rank of a cabinet minister.

"Identity is important for everyone, especially for the poor. Getting an identity is a tough job. We will provide a database of residents. We will have a very simple database in biometrics. We will only have very basic information," he said.

Software

entrepreneur Nandan Nilekani, chosen as the chairman of the Unique Identification Database Authority of India (UIDAI), on

Wednesday started groundwork on the ruling coalition's ambitious scheme to provide an all-purpose identity card to citizens.

Mr Nilekani met union minister for communications and Information Technology

A Raja here, seeking his support for carrying out the national unique identification scheme. Mr Nilekani takes over as the chairman of UIDAI on Thursday.

"IT is an important ministry for carrying out the project. I met Mr A Raja to seek his co-operation ," Mr Nilekani told the reporters after meeting the union minister.

The unique identification card will eliminate the need for the existing identification cards like an electoral card, ration card, driving license, passport and PAN (permanent account number) card as the identification cards issued under the scheme will carry all the required details including the biometric details of every Indian citizen.

"Within 12-18 months the first set of people are going to get the unique identity card under the project," Mr Nilekani had said earlier. Mr Nilekani had resigned as the co-chairman of the board of directors in Infosys, country's second largest software exporting firm, after being appointed by Prime Minister Manmohan Singh to take charge of the government's ambitious scheme for creating a multipurpose unique identification database for all citizens of India.

Mr. Nilekani said that the authority will not issue the biometric cards itself -- but the database it is creating will help government agencies to undertake that task.

The main purpose of the project, he said, was to avert the need for multiple proofs of identity for citizens while availing any government service, or for private needs like opening bank accounts or seeking telephone connections.

It is also expected to enhance national security by helping to identify illegal aliens.

Mr. Nilekani has already met Communications and Information Technology Minister A. Raja and Planning Commission Deputy Chairman Montek Singh Ahluwalia, seeking their support for the project.

Over the next few weeks, he intends to create the requisite administrative infrastructure to deal with the ambitious project. "We will pick up talent from both government and outside. We will also have biometric experts and others for security and identity management," he said.

According to Abhijit Sarma of APW, he has sought deletion of the names of the illegal migrants from the Rolls, freezing of the voter's list until names of the foreigners were deleted.. Besides, he has also demanded that the Assembly polls in Assam scheduled in 2011, be kept at abeyance, until the voter's list is 'corrected'.

It was APW's contention that Assam's rolls contain names of 40 lakh foreigners. When asked, how he arrived at the figure, Sarma told this newspaper that it was based on Internet research and study of various books and research works. He added comparison of the population and voter's growth rate at the national level and State-level was enough to establish his contention.

Meanwhile, Sarma revealed that he plans to file two more Writ Petitions (Civil) in the Apex Court demanding deployment of army along the Indo-Bangladesh border and removal of all encroachers from land belonging to the Satras in Assam.

More than 25,000 Bangladeshis who travel to neighbouring India annually on legitimate short-term visas do not return home, New Delhi's envoy to Dhaka said Monday.

Indian high commissioner to Bangladesh Pinak Ranjan Chakravarty said these migrants from the Muslim-majority country pose a security threat to his nation, which has been hit by series of militant attacks in recent years.

'We do have security concerns. We wish to know who is going and who is coming back,' Chakravarty said.

'Out of all the visas we have issued to Bangladeshi nationals, more than 25,000 holding legal visas have not returned every year. We don't know where they have gone and what they are doing,' he said.

The Indian embassy in Dhaka has said it issues about half a million short-term visas to Bangladeshis every year, with patients and tourists making up the bulk of the number.

India helped Bangladesh in its war of independence in 1971 but in recent years ties have often been strained by border skirmishes and New Delhi's accusations that Dhaka-based Islamic groups were behind a number of blasts across India - though not the Mumbai attacks in November.

The Border Security Force (BSF) is in favour of creation of a second line of defence all along the international border with Bangladesh for ensuring sealing of the porous border to prevent infiltration of foreign nationals and anti-national elements from the neighbouring country. BSF sources told The Assam Tribune that though the border guarding force is deployed along the border with Bangladesh, a second line of defence is necessary to effectively seal the border. Most parts of the international border have not been fenced and because of the terrain, it is impossible to guard every inch of the border round the clock to prevent anyone from sneaking into the country. Sources said that the BSF wants the creation of a second line of defence to guard the sensitive areas so that anyone who manages to sneak past the first line of defence, that is the BSF, can be intercepted.

Meanwhile, official sources said that the State and Central Governments decided to create a second line of defence along the Assam-Bangladesh border way back in 1999 but the force is yet to become fully operational. It was decided that 28 Border Outposts and three tactical headquarters of the second line of defence would be established, but at present, only 12 BOPs and two tactical headquarters are now functioning and police sources said that the force would become fully operational only when the Government sanctions the required 1000 posts and provide for proper accommodation of the personnel of the force.

Sources said that the issue of creation of a second line of defence along the international border in Meghalaya was discussed in a high-level meeting held recently. The need for a second line of defence is greater in Meghalaya as the progress or construction of border fencing in the State is even slower than in Assam and the State Government is yet to sanction permission for construction of fencing in a stretch of more than 130 kilometres of the border because of some local problems.

Meanwhile, BSF sources admitted that pushing back of the Bangladeshi nationals apprehended in India is a very long process and it becomes compounded because India does not have any extradition treaty with Bangladesh.

Giving an account of the process of pushing back of Bangladeshi nationals, sources said that the process sometimes takes month. Whenever Bangladeshi nationals are sought to be pushed back by observing the official procedure, the BSF writes to the Bangladesh Rifles (BDR) with details of the persons including their addresses. The BDR, in turn, verifies the addresses given and only then permission has been accorded for push back. The process sometimes takes two to three months and keeping the persons sought to be pushed back sometimes becomes a major problem and recently, some such persons started a hunger strike in Tura, which added to the woes of the BSF and the administration. The same procedure is observed by the BSF whenever any Indian national caught in Bangladesh is sought to be pushed back by the BDR and verification of the addresses given is a time-consuming process. The problem compounds if the persons give wrong address.

However, there have been instances when Bangladeshi nationals are pushed back forcibly without observing the official procedure. But there have been instances when persons pushed back that way managed to sneak in by taking advantage of the porous border, sources added.

The situation may improve in the days to come as the Assam Government has taken a decision to set up two detention centres in Mankachar and Karimganj for detaining the persons sought to be pushed back.

Northeast Echoes

PATRICIA MUKHIM

Who's who: Policemen record the names of suspected Bangladeshis in Shillong. Picture by Eastern Projections In midst of a dilemma Asom Suraksha Oikya Mancha (Save Assam Organisation), a civil society group, last Sunday organised a seminar on a theme that makes every true blue Asomiya go ballistic. This issue of illegal immigration from Bangladesh is a hydra-headed monster that had rocked Assam in the late seventies and early eighties and sent it into a bloody tailspin but without achieving anything much. This is evident from the fact that after the Assam Accord, the government spent Rs 400 crore and in 21 years has managed to expel only 2,221 illegal immigrants. There is a bit of confusion in trying to define the status of a Bangladeshi in India. Is he an illegal immigrant or an illegal migrant? Illegal immigrants, according to David W. Haines and E. Rosenblum, are those who have entered a country illegally without any papers. This would define the large population of Bangladeshis who have entered Assam and other parts of the Northeast since 1971 and continue to do so every day for several decades now. An illegal migrant is one who overstays his visa. I doubt that we have too many of such categories of Bangladeshis in India or the Northeast for the simple reason that it is too easy to enter illegally than with the requisite papers. The borders are so porous and so loosely guarded that entry through land routes or river routes are equally easy. Unabated influx One would not like to discuss the migrations or immigrations before 1971 as the circumstances in East Pakistan after 1947 forced many to flee the country. But post 1971, after Bangladesh was created, the influx continued unabated. Over the years, several illegal immigrants have changed their status to legal migrants after procuring necessary documents through subterfuge. The presence of a significantly large number of illegal immigrants today in the voter's list in Assam poses a problem that seems to defy solutions unless the state comes up with some radical interventions. Yet the fact that some political parties in Assam depend heavily on the votes of these illegal immigrants or legal migrants confounds the problem as the state becomes complicit in the issue. The most powerful observation about the changing demographic profile of Assam comes from a report prepared by former Assam Governor Lt Gen. (retd) S.K. Sinha. Sinha observes: "The influx of illegal migrants is turning the lower Assam districts into a Muslim-majority region. It will only be a matter of time when a demand for their merger with Bangladesh may be made…. The loss of lower Assam will sever the entire land mass of the Northeast from the rest of India and the rich natural resources of that region will be lost to the nation." This report was presented to the then President K.R. Narayanan in 1998. Although the 42-page report is mired in controversies regarding the accuracy of the statistics, it gives a graphic picture of the ground realities in the state of Assam. However, it would be wrong to surmise that Assam alone faces this problem. States, whose borders are contiguous to that of Bangladesh, namely, Meghalaya, Tripura, Mizoram and Nagaland, face similar problems but on a different scale. In Meghalaya, the plains of Garo Hills have almost been inundated by influx from Bangladesh. The easy access provided by open borders at Ghasuapara, Baghmara, Rajabala etc makes it difficult to control influx. While it is a fact that the large number of immigrants from Bangladesh are themselves of Garo origin, the number of Muslim immigrants is on the rise and this is visible especially in Tura, the district headquarters of West Garo Hills where trade and commerce appear to be controlled by them. The same is the case with Dimapur, the commercial capital of Nagaland. Business transactions today are largely controlled by the immigrant population who have ingratiated themselves with tribal societies by marrying local women. The coal mines of Jaintia Hills, Garo Hills and West Khasi Hills are also worked by the Bangladeshi immigrants who are ready to work in the most trying circumstances and for amounts that the local labourers would be unwilling to do. Illegal influx poses several problems of which the most serious is economic in nature. Illegal immigrants who are not on the census are not part of the statistical data based upon which resources are allocated. All development packages are constructed on the basis of a credible census. If the actual number of beneficiaries on the ground far exceeds those enumerated then obviously the resources are stretched too thin and government interventions cannot possibly make a dent. This hidden population consumes what rightfully belongs to citizens. Yet this has happened in Assam for more years than can be counted. It is no surprise then that the areas which are contentious because of the large presence of illegal immigrants are also some of the poorest. The development indices in thesechar areas are also some of the lowest. Misuse If the yardstick for identification of beneficiaries is the poorest of the poor, a very large section of the immigrant population fits the bill. So the bulk of beneficiaries would then be from amongst this population and the genuine citizens miss out on the benefits of one of the most dynamic pro-poor programmes innovated by the central government so far. In the Northeast this programme is likely to cause more problems than solutions. It is believed that the benefits of the NREGS are today felt in Bangladesh as the immigrants regularly remit money they earn from this side of the border to their families in Bangladesh. Similar is the case with the National Rural Health Mission (NRHM) scheme which also targets rural healthcare. If six of the 27 districts already represent the characteristic features of Bangladesh then the NRHM interventions in those districts will automatically benefit non-citizens even as the larger rural citizenry of Assam continues to grapple with the problem of healthcare. Riddle According to Sinha's observation and other studies, 57 of Assam's 126 constituencies have shown more than 20 per cent increase in the number of voters between 1994 and 1997 whereas the all-India average is just 7.4 per cent. The Muslim population in Assam has shown a rise of 77.42 per cent over what it was in 1971 (there was no census in Assam in 1981). The 2001 national census estimates that of the 26.6 million people in Assam, 30.9 per cent are Muslims. The census data shows that the proportionate growth of the Muslim population in Assam in comparison with other religious communities, is second only to Jammu and Kashmir (67 per cent Muslims). It also points out that six of Assam's 27 districts are now Muslim- majority districts. Barpeta tops the list with 9,77,943 Muslims and 6,62,066 Hindus. The five others districts are Dhubri, Goalpara, Nagaon, Karimganj and Hailakandi. Incidentally, these districts share their border with or lie close to Bangladesh. It is significant to note that at the time of Independence, only Dhubri was a Muslim-majority district. Of the 20 million illegal immigrants from Bangladesh settled in India, at least 1.5 million are living in Assam. The problem indeed is a gigantic one but the government which has the resources to resolve this dilemma is more interested on preserving its vote bank. Besides, identifying an illegal immigrant from a legal migrant who came in before the cut-off date proposed in the Assam Accord, seems problematic. Even identifying the original settler from the legal migrant is a tall order. Given this conundrum, some academicians have proposed some radical changes in the Constitution of India. These will be discussed in the next article. (The writer can be contacted at patricia17@rediffmail.com)

http://www.telegraphindia.com/1090713/jsp/northeast/story_11229589.jsp

VIEW: Global crisis and migration —Jayati Ghosh

Many developing countries have been hit worse by the financial crisis that originated in the US economy. So the push factors that operated to cause international migration in search of work remain as strong as ever. The unwillingness to return in such a context may be even stronger in cases where the undocumented migrants have already developed some local social networks that allow them to survive

Migration has been one of the more important means of greater global integration, and, as the economic crisis has gripped the developed world, many have worried about its impact on such integration, especially falling remittances. A closer examination of the nature of migrant workers' role in the economy suggests more complex outcomes, with somewhat less of an impact than feared.

The UN estimates that the global stock of migrants is now more than 200 million, even excluding temporary, irregular and illegal migrants. Most of these migrants hail from developing countries: in the developed world (excluding the former USSR) the share of migrants in total population more than doubled between 1960 and 2005, from four percent to nearly ten percent, while it has declined in less developed countries. As the crisis unfolded, there was fear that international migration and associated remittances would be among the first casualties.

It is true that most of this migration has been driven by economic forces and has given rise to rapidly expanding remittance flows, which have become the most important source of foreign exchange for many developing countries. The IMF estimates total remittance flows to developing countries to be nearly USD300 billion in 2009, significantly more than all forms of capital flows put together.

This has provided crucial foreign exchange and been a major contributor to balance of payments stability for countries as far apart as the Philippines and Guatemala, and even for large countries like India and China, where remittances have played a significant role in domestic consumption.

Other elements of global integration have been adversely affected by the crisis: exports have declined sharply across the world, and capital flows have "de-globalised" in that foreign direct investment, portfolio capital and bank lending to developing countries have almost collapsed.

It is only to be expected that when economic activity slows or contracts in destination countries, migrant workers are the first to be laid off and sent home. Since a lot of recent economic migration has been explicitly short-term with respect to meeting specific labour shortages in the host economies, this is even more likely.

That is why by late 2008 it was widely predicted that remittance flows would quickly show signs of decline, and initial reports also bore this out. By August 2008, remittances into Mexico (which are dominantly from workers based in the US) were already down 12 percent compared to the previous year. There was also evidence of declining remittances from other countries that relied strongly on them, such as Bangladesh, Lebanon, Jordan and Ethiopia.

But as the crisis unfolds, it is also becoming clear that the patterns of migration and remittances may be more complex than was previously imagined. In several countries (such as India) remittance inflows have actually continued to increase.

To some extent, this too can be expected because even if the crisis leads to large-scale retrenchment of migrant workers who are forced to come home, they would obviously return with their accumulated savings. In such a case, there could even be a (temporary) spike in remittances rather than a continuous or sharp decline because of the crisis. Eventually, as the adverse conditions for overseas employment worsen further, this would then lead to a decline in remittance inflows.

However, it is not inevitable that there should be a sharp decline in migration and remittances. One important aspect that is frequently ignored in the discussions on migration is the gender dimension. International migration for work is highly gendered, with male migrants finding dominant representation in manufacturing and construction sectors, while women migrants are concentrated in the service sectors, such as the care economy broadly defined (including activities such as nursing and domestic work) and "entertainment".

The different nature of work also affects remittance flows. In the first place, female migrants are far more likely to send remittances home, and typically send a greater proportion of their earnings back. Also, male migrant workers find that incomes are much more linked to the business cycle in the host economy, so their employment and wages tend to vary with output behaviour. Thus job losses in the North during this crisis have been concentrated in construction, financial services and manufacturing, all dominated by male workers.

By contrast, the care activities dominantly performed by women workers tend to be affected by other variables such as demographic tendencies, institutional arrangements, and the extent to which women work outside the home in the host country. So employment in such activities is often unaffected by the business cycle, or at least responds to a lesser extent. Therefore female migrant workers' incomes are more stable over the cycle and do not immediately rise or fall to the same extent.

This in turn means that source countries that have a disproportionately higher share of women emigrants (such as the Philippines and Sri Lanka) would tend to experience less adverse impact in terms of falling remittances. Indeed, in the Philippines, the most recent data indicate that remittance flows are still increasing slightly, at an annual rate of around two percent. This does not mean that there will be no impact at all, but certainly the adverse effects will be less and will take longer to evolve than if the migration had been dominated by male workers.

There are other reasons why the crisis has had limited impact on patterns of migration. For example, one expectation was that return migration would be dominated by the worst hit workers, who in turn were expected to be the undocumented, irregular or illegal migrants who are mostly in low-wage and low-skilled occupations, and do not qualify for any kind of official support such as welfare benefits or social security from the host country.

But the initial evidence belies this expectation because, for one, such migrants may be unwilling to return home to face possibly even more fragile and insecure employment conditions in their own country.

Many developing countries have been hit worse by the financial crisis that originated in the US economy. So the push factors that operated to cause international migration in search of work remain as strong as ever. The unwillingness to return in such a context may be even stronger in cases where the undocumented migrants have already developed some local social networks that allow them to survive for a period while they look for other employment.

In the host country, undocumented migrant workers may even be preferred by employers who see in them as a cheaper source of labor than legal migrants or local workers. In the context of this crisis, preference for cheaper labor may become even sharper. This may be yet another reason why women migrants may be affected less severely, since women migrants dominate in the undocumented and illegal category.

In any case, one of the basic pull factors still remains significant: the demographic transition in the North that is increasing the share of the older population that requires more care from younger workers, who must therefore come from abroad. So the current crisis may temporarily slow down the ongoing process of international migration for work, but it is unlikely to reverse it. —YaleGlobal

Jayati Ghosh is professor of economics at the Jawaharlal Nehru University, New Delhi

http://www.dailytimes.com.pk/default.asp?page=2009%5C07%5C17%5Cstory_17-7-2009_pg3_5

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The Supreme Court on Tuesday struck down the Illegal Migrants (determination by tribunals) Act, 1983.

Rediff.com presents you a primer on what the act means, why it was brought in, and what the Supreme Court order will mean.

What is the IMDT Act, 1983?

On October 15, 1983, the Government of India passed an Ordinance to set up tribunals 'for determination of the question whether a person is or is not an illegal migrant.'

On December 12, 1983, IMDT Act was introduced and passed in Parliament.

Where is the act applicable?

Only in the state of Assam. In other states, detection of foreigners is done under the Foreigners Act, 1946.

Ironically, there was no member in the Lok Sabha from Assam's Brahmaputra Valley when the act was passed, since elections could not be held in the state in 1980.

What is the difference between the IMDT Act and Foreigners Act?

Under the IMDT Act, the onus of proving one's nationality or otherwise lies on the complainant whereas under the Foreigners Act, the onus is on the accused.

What did the act set out to do?

According to this act an illegal migrant is a person who:

(i) entered India on or after March 25, 1971.

(ii) was a foreigner

(iii) entered India without being in possession of a valid passport or other travel documents or any other legal authority.

Clauses 4 and 9 of the IMDT Act said those who came before March 25, 1971 would not come under the purview of the act as the issue of such cases 'has been left for negotiations.'

But even in the case of post-1971 migrants the procedures were deliberately kept cumbersome. For instance, the Act provided for two individuals living within a radius of 3 km of a suspected illegal migrant to approach an IMDT Tribunal, deposit a sum Rs 25 and then file a complaint. (The three km restriction was subsequently modified and now the complainant could be from the same police station limits as the accused, while the deposit sum was reduced to Rs 10).

But the most contentious provision of the act was the condition that the onus of proving the citizenship credentials of a person in question lies with the complainant and the police, not on the accused. Under the Foreigners Act prevailing in the rest of the country, the onus is understandably on the accused. To cap it all, the act also provided that 'if the application is found frivolous or vexatious' the Central Government may not accept it.

In short, the country had two anti-immigration acts. By scrapping the IMDT Act, the Supreme Court has removed the anomaly.

Chronology of the act's journey towards repeal.

1992: Asom Gana Parishad's Mangaldoi convention resolves to demand repeal of IMDT Act.

Sept 19, 1992: Pachu Gopal Baruah and others challenge validity of IMDT Act in the Guwahati high court.

1998: Tripartite discussion between AASU, Government of Assam and Government of India results in a consensus on repeal of IMDT Act 'in the greater interest of the people of Assam.'

1998: All India Lawyers Forum for Civil Liberties files petition in Supreme Court for repeal of IMDT Act.

Sept 1, 1999: Government of Assam files affidavit for the first time in Supreme Court supporting repeal of IMDT Act.

March 8, 2000: ID Swamy, Union Minister of State for Home tells Parliament: 'Government is of the view that the IMDT Act in its application in the state of Assam alone is discriminatory. A proposal to repeal the act is under consideration of the government.'

April 2000: Sarbananda Sonowal, president of AASU challenges the validity of IMDT Act in Supreme Court.

Sept 2000: Law Commission's 175th report recommends repeal of IMDT Act.

June 2001: Assam government withdraws and changes affidavit in Supreme Court after Congress comes to power. Says the act should stay.

May 6, 2003: Union cabinet under Vajpayee decides to introduce Bill to repeal IMDT Act.

May 9, 2003: Government introduces Bill to repeal of IMDT Act in Parliament.

August 2003: The repeal Bill is referred to the Select Committee Parliament.

August to December 2003: Discussions in the select committee go on. Parliament dissolved. Repeal Bill falls through.

July 12, 2005: Supreme Court strikes down the act.

http://www.rediff.com/news/2005/jul/12act1.htm

Illegal immigration in India

From Wikipedia, the free encyclopedia

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The neutrality of this article is disputed. Please see the discussion on the talk page. Please do not remove this message until the dispute is resolved. (December 2007)

This article or section may contain unpublished synthesis of published material that conveys ideas not attributable to the original sources. See the talk page for details. (March 2008)

Illegal immigration is a serious political problem in India, with widely differing estimates of the number of such migrants. In places this has led to outbreaks of xenophobic violence, particularly against those perceived to be Bangladeshi.

Contents [hide] 1 Estimates of population 2 Drain on Government 3 Human trafficking 4 Settlement 5 Politics 6 Court cases 7 See also 8 References 9 External links

[edit] Estimates of population

In 2003, former Indian Defense Minister George Fernandes alleged that there are there are more than 20,000,000 illegal Bangladeshi immigrants in India[1].

The Government of Bangladesh claims that "there is not a single Bangladeshi migrant in India"[2][3].

[edit] Drain on Government

It is extremely hard to distinguish between illegal Bangaldeshis and local Bengali speakers[4]. The Hindu has reported a case where Bangladeshis have been able to secure ration and voter identity cards[5].

Assam spent Rs.1.7 billion between January 2001 and September 2006, which resulted in identification of 9,149 foreigners, only 1,864 could be deported back to Bangladesh. This amounts to Rs. 180,000 spent to deport an illegal Bangladeshi[6]

India is building a fence along its entire border with Bangladesh[7].

[edit] Human trafficking

The Centre for Women and Children Studies estimated in 1998 that 27,000 Bangladeshis have been forced into prostitution in India[8][9]. Ahmedabad Crime Branch (ACB) has investigated a prostitution racket run by a Bangladeshi couple living in Ahmedabad. It believed over 500 women had been coerced into prostitution by illegal Bangladeshi agents in Gujarat.[citation needed]

[edit] Settlement

Indian newspapers reported that "the state government has reports that illegal Bangladeshi migrants have trickled into parts of rural Bengal, including Nandigram[10], over the years, and settled down as sharecroppers with the help of local Left leaders. Though a majority of these immigrants became tillers, they lacked documents to prove the ownership of land[10]".

[edit] Politics

Allegations exist that other parties such as the Bharatiya Janata Party and the Indian National Congress have discriminated against Bengali-speaking Muslims.[11]. Even though it must be noted that the number of Bengali-speaking Muslims has increased multifold since independence, suggesting that many of these Bengali-speaking Muslims are maybe illegal Bangladeshi immigrants.[citation needed]

[edit] Court cases

In August 2008, the Delhi High Court dismissed a petition by a Bangladeshi national against her deportation. The High Court ruled that the illegal Bangladeshi immigrants "pose a danger to India's internal security".[12]

[edit] See also

• India-Bangladesh relations
• Illegal immigration
• Illegal entry

[edit] References

1. ^ 2 cr Bangladeshis in India: Fernandes Tribune India - September 27, 2003
2. ^ Problem of Bangladeshi migrants
3. ^ The Bengal Borderland: Beyond State and Nation in South Asia By Willem van Schendel By Willem van Schendel Published 2005 Anthem Press
4. ^ http://www.gcim.org/attachements/GMP%20No%2042.pdfIndifference, impotence, and intolerance:transnational Bangladeshis in India, Sujata Ramachandran
5. ^ 22 illegal immigrants from Bangladesh held The Hindu - October 09, 2007
6. ^ http://www.indiaenews.com/india/20061215/32586.htmRs.180,000 spent to deport an illegal Bangladeshi? By Syed Zarir Hussain, December 15, 2006
7. ^http://news.bbc.co.uk/2/hi/programmes/from_our_own_correspondent/4653810.stm Villagers left in limbo by border fence, 28 January 2006.
8. ^ http://www.uri.edu/artsci/wms/hughes/banglad.htm Coalition Against Trafficking in Women, Factbook on Global Sexual Exploitation, Donna M. Hughes, Laura Joy Sporcic, Nadine Z. Mendelsohn and Vanessa Chirgwin
9. ^ Trafficking in Bangladeshi Women and Girls, by Bimal Kanti Paul; Syed Abu Hasnath Geographical Review, p.268-276, April 2000
10. ^ a b http://www.financialexpress.com/news/story/186579/Left Front puts Nandigram land acquisition on hold, The Financial Express, March 18, 2007
11. ^ Making a 'menace' of migrants, Vir Sanghvi The Nation - January 6, 2006
12. ^ Illegal Bangladeshi immigrants threat to India: court

[edit] External links

• Bangladeshis in Assam flee anti-migrant drive, International Herald Tribune, May 20, 2005.

[hide] v • d • e Bangladesh–India relations Treaties and summits Indo-Bangladeshi Treaty of Friendship, Cooperation and Peace Events and conflicts Bangladesh Liberation War · Mitro Bahini · Mukti Bahini ·Indo-Pakistani War of 1971 · Farakka Barrage · Sharing of Ganges Waters · Teen Bigha Corridor · Indo-Bangladesh enclaves · Taslima Nasreen · 2001 border conflict · Illegal immigration in India Initiatives Maitree Express · Kolkata-Dhaka Bus · Transport between India and Bangladesh · Indo-Bangladeshi barrier · Joint River Commission Personalities Indira Gandhi · Sheikh Mujibur Rahman · Morarji Desai ·Ziaur Rahman · Atal Bihari Vajpayee · Sheikh Hasina ·Begum Khaleda Zia · Manmohan Singh Related templates Foreign relations of India · Foreign relations of Bangladesh

Retrieved from "http://en.wikipedia.org/wiki/Illegal_immigration_in_India"

Categories: Indian society | Foreign relations of India | India–Bangladesh relations | Illegal immigration | Human migration |Independent India | Immigration law | Crimes

Hidden categories: NPOV disputes from December 2007 | All NPOV disputes | Articles that may contain original research from March 2008 | All articles with unsourced statements | Articles with unsourced statements from March 2009

ILLEGAL MIGRANTS IN INDIA

1. There are essentially two types of migrants from a country. one is due to persecution for various reasons, and the other is an economic migrant.  In analysing the issue of illegal migrants in India a clear cut distinction is not made.  This note will try to address this subject in a logical manner.

2. Persecution is essentially either for political reasons or religious.  The return of the person to his own homeland can take place only when there are circumstances which remove the cause of the persecution.  In such a case the persons are given asylum in the adopted country, since it would be inhuman to send them back, knowing fully well that they will not have normal civil liberties and in many cases their lives will be in danger. Political asylum seekers usually tend to be small in number, while those persecuted for religious reasons may well be significant in numbers.

3. An economic migrant does not receive these privileges, since the economic hardship is not specifically directed towards a particular section of the people.  The people's right to vote is not affected, and there is a possibility that there can be a change in government, so that the right economic policies are implemented. Economic migrants also will tend to be much larger and places a substantial monetary burden on the host country.

4. In the past, political asylum seekers have tended to go to either the United States or Europe. Countries like Germany had relatively lenient laws in this respect.  But, there has been tendency to misuse these facilities, and the same have been tightened. It is easy to identify such asylum seekers, since with the wide reach of information systems, those who are politically persecuted become well known even before they leave their homelands. The case in point is the students who led the Tinamen Square protest in China.

5. Religious persecution in the recent past has been relatively small, considering the number of such cases. However, in India this has special significance, particularly with the two important neighbours - Pakistan and Bangladesh having declared themselves-to be Islamic nations.  In case of the former, the stream of Hindu migrants has continued unabated since the time of independence in 1947, and a Hindu population of a little more than 20% has now been reduced to less than 1.5%. The numbers at any one time were small, and the absorption of this population was not a difficult task.

6. In case of Bangladesh, the Hindu migration of a large scale is a relatively new phenomenon, because traditionally the Bengali identity was more predominant than the religious one. (Of course, one cannot forget the massacre of Hindus in Naokhali and Calcutta in the pre-independence period.) The first major migration took place just before the Bangladesh war, and in the early 1970s a huge wave of Hindus had to flee their homes in Bangladesh. With the establishment of Mujibur Rehman as the Prime Minister, most of these were able to go back, and there was period of relative communal harmony in Bangladesh.  With his assassination, and due to the pampering of the Islamic fundamentalist, things have become quite bad, and the religious persecution of the Hindus has increased.  Swt Taslima Nasreem's Lajja gives a graphic description of what has happened. (It should be stressed here that the events of December 6, 1992, had no bearing on the persecution, which was prevalent even before the Ram Janmabhoomi movement came on the national agenda in the country.)

7. In case of Bangladesh, another group that had to flee its home are the Chakmas. Those who have become migrants due to religious persecution have to receive a special treatment in their host countries.  India is the logical host since the religions of both the groups have their origins in this country. To ask them to go back, knowing fully well that they will be persecuted, is an inhuman act.  Bangladesh itself was a recipient of the Muslims from Burma.  Attempts were made for forcible repatriation, which were violently resisted by the Burmese Muslims. It required a huge effort on part of the United Nations to create adequate conditions for their return.  While the Chakmas are being asked to go back, based on an assurance by the Bangladesh government, to what extent the ground reality will permit a permanent return has to be seen. However, considering the track record, it is difficult to foresee a condition, at least in the medium future, that the Hindus will be able to go back.  It has to be remembered that the Chakmas live in a small part, and mostly hilly areas, where they can defend themselves better.  The Hindus are scattered all over, living in mostly urban areas and self-protection is impossible in such situations.

8. In the international context, the issue of economic migration can be seen in the context of the boat people from Vietnam. (It has to be remembered that there was an ethnic angle also, since most of these boat people were of Chinese origin.) Countries like Hong Kong have kept them in separate camps, and are now being repatriated. other countries like Malaysia would not permit the boats to land, irrespective of the condition of the vessels, and in many cases knowing fully well that the chances of survival is very poor if not non-existent.

9. The economic migration into India is a very insidious programme, and requires to be handled as such.  The first such cases started during the time of Shri Fakruddin Ali Ahmed in Assam. it was done also to create a block of votes which would enable him to win the elections without going through the legitimate political process. The methodology that was adopted was to grant these people first the ration card, on the basis of which they got enrolled on the electoral rolls. The scale of this infiltration was such that we have had the instance of the AGP and AASU having to take the matter up in the streets. The violence during this period is well known.

10. This 'success' encouraged Congress and Communist politicians in other parts of India to emulate the method, and this illegal migration is now a problem in Bihar, Delhi, Bombay, and many other places in the country. These people are able to merge with the local population, and invariably live together in certain areas in the cities concerned.  Identification can only be done by special programmes. However, in most of the places the government machinery is in the control of the very political party that benefits, in electoral terms, by the presence of the illegal migrants.  With the seriousness with which the Chief Election Commissioner has taken up the issue, things have become difficult for these governments. The programme now is to confuse the issue, and passing on the responsibility from one department within the government to another.

11. Due to the concentration of the illegal immigrants in certain pockets, they determine the fate of the election there. Thus, the person that wins will be chosen not by Indians, but by foreigners.  They can well form significant blocks, whose interest will necessarily clash with those of the country. One thus sees a major security throat in the situation.  In addition, economic policies will also be determined by foreigners, through subversion of the political process.

12. It has also to be understood that India is a poor country with a large number of unemployed people.  The illegal immigrant is thus taking away a job away from a legitimate citizen of the country, increasing the economic burden on India, leading to higher taxes and utilising its resources not in the best interest of the country.  In developed countries like Germany and the United States one sees a reaction from the local people whenever they feel threatened by the foreign worker, even though most of them may be there legally. Not having loyalty to their adopted country, the illegal immigrants are more likely to involve themselves in unlawful activities, and this danger increases when these immigrant:. have political patronage.

13. That there are illegal economic immigrants in this country is accepted.  That they are on the electoral rolls is also accepted.  It is further accepted that they have to be removed from these rolls.  How this is to be done can be a matter of discussion.  But if it is not done quickly, then the consequences will be disastrous.

November 94.

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http://www.legalindia.in/the-citizenship-amendment-act-2005

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Extracts from the Citizenship Act, 1955

3. Citizenship by birth.- (1) Except as provided in sub-section (2), every person born in India,-

(a)    on or after the 26th day of January,1950, but before the 1st day of July, 1987;

(b)   on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth;

(c)    on or after the commencement of the Citizenship (Amendment) Act, 2003, where-

(i)                  both of his parents are citizens of India; or

(ii)                one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth,

shall be a citizen of India by birth.

(2)     A person shall not be a citizen of India by virtue of this section if at the time of his birth-

(a)    either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or

(b)   his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.

4. Citizenship by descent.- (1) A person born outside India shall be a citizen of India by descent,-

(a)                on or after the 26th day of January, 1950, but before the 10th day of  December, 1992, if his father is a citizen of India at the time of his birth; or

(b)               on or after the 10th day of December,1992, if either of his parents is a citizen of India at the time of his birth:

Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless-

(a)    his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or

(b)   his father is, at the time of his birth, in service under a Government in India:

Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless-

(a)                      his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or

(b)                     either of his parents is, at the time of his birth, in service under a Government of India:

Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003, a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,-

(i)      within one year of its occurrence or the commencement of the citizenship (Amendment) Act, 2003, whichever is later; or

(ii)     with the permission of the Central Government, after the expiry of the said period:

Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country.

(1A) A minor who is a citizen of India by virtue of his section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.

(2)     If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration.

(3)     For the purposes of the proviso to sub-section (1), any male person born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only.

5. Citizenship by registration.- (1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not alrea                      dy such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:

(a)    a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration;

(b)   a person of Indian origin who is ordinarily resident in any country or place outside undivided India;

(c)    a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

(d)   minor children of persons who are citizens of India;

(e)    a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;

(f)     a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;

(g)    a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

6. Citizenship by naturalization.- (1) Where an application is made in the prescribed manner by any person of full age and capacity not being an illegal migrant for the grant of a certificate of naturalization to him, the Central Government may, if satisfied that the applicant is qualified for naturalization under the provisions of the Third Schedule, grant to him a certificate of naturalization:

Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule.

(2)     The person to whom a certificate of naturalization is granted under sub-section (1) shall, on taking the oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalization as from the date on which that certificate is granted.

9. Termination of citizenship.- (1) Any citizen of India who by naturalization, registration otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India:

Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires, the citizenship of another country, until the Central Government otherwise directs.

(2)     If any question arises as to whether, when or how any citizen of India has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.

17. Offences.- Any person who, for the purpose of procuring anything to be done or not to be done under this Act, knowingly makes any representation which is false in a material particular shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both.

THE CITIZENSHIP (AMENDMENT) ACT, 2005

1. Short title and commencement.-(1) This Act may be called the Citizenship (Amendment) Act, 2005.

(2) It shall be deemed to have come into force on the 28th day of June, 2005.

2.

Amendment of section 2.

2. Amendment of section 2.-In section 2 of the Citizenship Act, 1955 (57 of 1955) (hereinafter referred to as the principal Act), in sub-section (1),-

(i) for clause (ee), the following clause shall be substituted, namely:-

(ee) "overseas citizen of India" means a person registered as an overseas citizen of India by the Central Government under section 7A;;

(ii) clause (gg) shall be omitted.

3.

Amendment of section 5.

3. Amendment of section 5.-In section 5 of the principal Act, in sub-section (1), in clause (g), for the words "two years", the words "one year"shall be substituted.

4.

Substitution of new section for section 7A.

4. Substitution of new section for section 7A.-For section 7A of the principal Act, the following section shall be substituted, namely:-

"7A. Registration of overseas citizens of India.-The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizen of India-

(a) any person of full age and capacity,-

(i) who is citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitution; or

(ii) who is citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or

(iii) who is citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or

(iv) who is a child or a grand-child of such a citizen; or

(b) a person, who is a minor child of a person mentioned in clause (a):

Provided that no person, who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an overseas citizen of India.".

5.

Omission of Fourth Schedule.

5. Omission of Fourth Schedule.-The Fourth Schedule to the principal Act shall be omitted.

6.

Repeal and saving.

6. Repeal and saving.-(1) The Citizenship (Amendment) Ordinance, 2005 (Ord. 2 of 2005) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

June 4th, 2009 | Category: Constitution Law of India

THE CENTRAL LAWS (EXTENSION TO ARUNACHAL PRADESH) ACT, 1993  

 THE CITIZENSHIP (AMENDMENT) ACT, 2005»

THE CITIZENSHIP (AMENDMENT) ACT, 2003

1. Short title and commencement.-(1) This Act may be called the

Citizenship (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions

of this Act and any reference in any such provision to the commencement

of this Act shall be construed as a reference to the commencement of

that provision.

2.

Amendment of section 2.

2. Amendment of section 2.-In section 2 of the Citizenship Act, 1955

(57 of 1955) (hereinafter referred to as the principal Act), in subsection

(1),-

(i) for clauses (b) and (c) and the proviso to clause (c), the

following clause shall be substituted, namely:-

(b) "illegal migrant" means a foreigner who has entered into India-

(i) without a valid passport or other travel documents and such other

document or authority as may be prescribed by or under any law in that

behalf; or

(ii) with a valid passport or other travel documents and such other

document or authority as may be prescribed by or under any law in that

behalf but remains therein beyond the permitted period of time;;

(ii) after clause (e), the following clause shall be inserted, namely:-

(ee) "overseas citizen of India" means a person who-

(i) is of Indian origin being a citizen of a specified country, or

(ii) was a citizen of India immediately before becoming a citizen of a

specified country,

and is registered as an overseas citizen of India by the Central

Government under sub-section (1) of section 7A;;

(iii) after clause (g), the following clause shall be inserted, namely:-

(gg) "specified country" means a country specified in the Fourth

Schedule:

Provided that the Central Government may, by notification in the

Official Gazette, amend the said Schedule by way of addition or

omission of any entry therein:

Provided further that every notification issued under this clause

shall, as soon as may be, after it is made, be laid before each House

of Parliament;.

3.

Substitution of new section for section 3.

3. Substitution of new section for section 3.-For section 3 of the

principal Act, the following section shall be substituted, namely:-

Citizenship by birth.

"3. Citizenship by birth.-(1) Except as provided in sub-section (2),

every person born in India-

(a) on or after the 26th day of January, 1950, but before the 1st day

of July, 1987;

(b) on or after the 1st day of July, 1987, but before the commencement

of the Citizenship (Amendment) Act, 2003 and either of whose parents is

a citizen of India at the time of his birth;

(c) on or after the commencement of the Citizenship (Amendment) Act,

2003, where-

(i) both of his parents are citizens of India; or

(ii) one of whose parents is a citizen of India and the other is not an

illegal migrant at the time of his birth,

shall be a citizen of India by birth.

(2) A person shall not be a citizen of India by virtue of this section

if at the time of his birth-

(a) either his father or mother possesses such immunity from suits and

legal process as is accorded to an envoy of a foreign sovereign power

accredited to the President of India and he or she, as the case may be,

is not a citizen of India; or

(b) his father or mother is an enemy alien and the birth occurs in a

place then under occupation by the enemy.".

4.

Amendment of section 4.

4. Amendment of section 4.-In section 4 of the principal Act, for subsection

(1), the following sub-sections shall be substituted, namely:-

"(1) A person born outside India shall be a citizen of India by

descent,-

(a) on or after the 26th day of January, 1950, but before the 10th day

of December, 1992, if his father is a citizen of India at the time of

his birth; or

(b) on or after the 10th day of December, 1992, if either of his

parents is a citizen of India at the time of his birth:

Provided that if the father of a person referred to in clause (a) was a

citizen of India by descent only, that person shall not be a citizen of

India by virtue of this section unless-

(a) his birth is registered at an Indian consulate within one year of

its occurrence or the commencement of this Act, whichever is later, or,

with the permission of the Central Government, after the expiry of the

said period; or

(b) his father is, at the time of his birth, in service under a

Government in India:

Provided further that if either of the parents of a person referred to

in clause (b) was a citizen of India by descent only, that person shall

not be a citizen of India by virtue of this section, unless-

(a) his birth is registered at an Indian consulate within one year of

its occurrence or on or after the 10th day of December, 1992, whichever

is later, or, with the permission of the Central Government, after the

expiry of the said period; or

(b) either of his parents is, at the time of his birth, in service

under a Government in India:

Provided also that on or after the commencement of the Citizenship

(Amendment) Act, 2003, a person shall not be a citizen of India by

virtue of this section, unless his birth is registered at an Indian

consulate in such form and in such manner, as may be prescribed,-

(i) within one year of its occurrence or the commencement of the

Citizenship (Amendment) Act, 2003, whichever is later; or

(ii) with the permission of the Central Government, after the expiry of

the said period:

Provided also that no such birth shall be registered unless the parents

of such person declare, in such form and in such manner as may be

prescribed, that the minor does not hold the passport of another

country.

(1A) A minor who is a citizen of India by virtue of this section and is

also a citizen of any other country shall cease to be a citizen of

India if he does not renounce the citizenship or nationality of another

country within six months of attaining full age.

5.

Amendment of section 5.

5. Amendment of section 5.-In section 5 of the principal Act,-

(a) for sub-section (1), the following shall be substituted, namely:-

"(1) Subject to the provisions of this section and such other

conditions and restrictions as may be prescribed, the Central

Government may, on an application made in this behalf, register as a

citizen of India any person not being an illegal migrant who is not

already such citizen by virtue of the Constitution or of any other

provision of this Act if he belongs to any of the following categories,

namely:-

(a) a person of Indian origin who is ordinarily resident in India for

seven years before making an application for registration;

(b) a person of Indian origin who is ordinarily resident in any country

or place outside undivided India;

(c) a person who is married to a citizen of India and is ordinarily

resident in India for seven years before making an application for

registration;

(d) minor children of persons who are citizens of India;

(e) a person of full age and capacity whose parents are registered as

citizens of India under clause (a) of this sub-section or sub-section

(1) of section 6;

(f) a person of full age and capacity who, or either of his parents,

was earlier citizen of independent India, and has been residing in

India for one year immediately before making an application for

registration;

(g) a person of full age and capacity who has been registered as an

overseas citizen of India for five years, and who has been residing in

India for two years before making an application for registration.

Explanation 1.-For the purposes of clauses (a) and (c), an applicant

shall be deemed to be ordinarily resident in India if-

(i) he has resided in India throughout the period of twelve months

immediately before making an application for registration; and

(ii) he has resided in India during the eight years immediately

preceding the said period of twelve months for a period of not less

than six years.

Explanation 2.-For the purposes of this sub-section, a person shall be

deemed to be of Indian origin if he, or either of his parents, was born

in undivided India or in such other territory which became part of

India after the 15th day of August, 1947.";

(b) after sub-section (5), the following sub-section shall be inserted,

namely:-

"(6) If the Central Government is satisfied that circumstances exist

which render it necessary to grant exemption from the residential

requirement under clause (c) of sub-section (1) to any person or a

class of persons, it may, for reasons to be recorded in writing, grant

such exemption.".

6.

Amendment of section 6.

6. Amendment of section 6.-In section 6 of the principal Act, in subsection

(1), for the words "who is not a citizen of a country specified

in the First Schedule", the words "not being an illegal migrant" shall

be substituted.

7.

Insertion of heading and new sections 7A, 7B, 7D and 7D.

7. Insertion of heading and new sections 7A, 7B, 7D and 7D.-After

section 7 of the principal Act, the following heading and sections

shall be inserted, namely:-

OVERSEAS CITIZENSHIP.

OVERSEAS CITIZENSHIP

7A. Registration of overseas citizens.-(1) The Central Government may,

subject to such conditions and restrictions including the condition of

reciprocity as may be prescribed, on an application made in this

behalf, register any person as an overseas citizen of India if-

(a) that person is of Indian origin of full age and capacity who is a

citizen of a specified country; or

(b) that person is of full age and capacity who has obtained the

citizenship of a specified country on or after the commencement of the

Citizenship (Amendment) Act, 2003 and who was a citizen of India

immediately before such commencement; or

(c) that person is a minor of a person mentioned in clause (a) or

clause (b).

(2) The person registered as an overseas citizen of India under subsection

(1) shall be an overseas citizen of India as from the date on

which he is so registered.

(3) No person who has been deprived of his Indian citizenship under

this Act shall be registered as an overseas citizen of India under subsection

(1) except by an order of the Central Government.

Explanation.-For the purposes of this section and sections 7B, 7C and

7D, the expression "person of Indian origin" shall mean a citizen of

another country who-

(i) was eligible to become a citizen of India at the time of the

commencement of the Constitution;

(ii) belonged to a territory that became part of India after the 15th

day of August, 1947; and

(iii) the children and grand-children of a person covered under clauses

(i) and (ii), but does not include a person who is or had been at any

time a citizen of Pakistan, Bangladesh or such other country as the

Central Government may, by notification in the Official Gazette,

specify.

Conferment of rights on overseas citizens of India.

7B. Conferment of rights on overseas citizens of India.-(1)

Notwithstanding anything contained in any other law for the time being

in force, an overseas citizen of India shall be entitled to such rights

[other than the rights specified under sub-section (2)] as the Central

Government may, by notification in the Official Gazette, specify in

this behalf.

(2) An overseas citizen of India shall not be entitled to the rights

conferred on a citizen of India-

(a) under article 16 of the Constitution with regard to equality of

opportunity in matters of public employment;

(b) under article 58 of the Constitution for election as President;

(c) under article 66 of the Constitution for election of Vice-President;

(d) under article 124 of the Constitution for appointment as a Judge of

the Supreme Court;

(e) under article 217 of the Constitution for appointment as a Judge of

the High Court;

(f) under section 16 of the Representation of the People Act, 1950 (43

of 1950) in regard to registration as a voter;

(g) under sections 3 and 4 of the Representation of the People Act,

1951 (43 of 1951) with regard to the eligibility for being a member of

the House of the People or of the Council of States, as the case may

be;

(h) under sections 5, 5A and 6 of the Representation of the People Act,

1951 (43 of 1951) with regard to the eligibility for being a member of

the Legislative Assembly or a Legislative Council, as the case may be,

of a State;

(i) for appointment to public services and posts in connection with the

affairs of the Union or of any State except for appointment in such

services and posts as the Central Government may by special order in

that behalf specify.

(3) Every notification issued under sub-section (1) shall be laid

before each House of Parliament.

Renunciation of overseas citizenship.

7C. Renunciation of overseas citizenship.-(1) If any overseas citizen

of India of full age and capacity makes in the prescribed manner a

declaration renouncing his overseas citizenship of India, the

declaration shall be registered by the Central Government, and upon

such registration, that person shall cease to be an overseas citizen of

India.

(2) Where a person ceases to be an overseas citizen of India under subsection

(1), every minor child of that person registered as an overseas

citizen of India, shall thereupon cease to be an overseas citizen of

India.

Cancellation of registration as overseas citizen of India.

7D. Cancellation of registration as overseas citizen of India.-The

Central Government may, by order, cancel the registration granted under

sub-section (1) of section 7A if it is satisfied that-

(a) the registration as an overseas citizen of India was obtained by

means of fraud, false representation or the concealment of any material

fact; or

(b) the overseas citizen of India has shown disaffection towards the

Constitution of India as by law established; or

(c) the overseas citizen of India has, during any war in which India

may be engaged, unlawfully traded or communicated with an enemy or been

engaged in, or associated with, any business or commercial activity

that was to his knowledge carried on in such manner as to assist an

enemy in that war; or

(d) the overseas citizen of India has, within five years after

registration under sub-section (1) of section 7A has been sentenced to

imprisonment for a term of not less than two years; or

(e) it is necessary so to do in the interest of the sovereignty and

integrity of India, the security of India, friendly relations of India

with any foreign country, or in the interests of the general public..

8.

Amendment of section 8.

8. Amendment of section 8.-In section 8 of the principal Act,-

(a) in sub-section (1), the words "who is also a citizen or national of

another country" shall be omitted;

(b) in the proviso to sub-section (2), after the word "declaration",

the words "in the prescribed form and manner" shall be inserted;

(c) sub-section (3) shall be omitted.

9.

Amendment of section 9.

9. Amendment of section 9.-In section 9 of the principal Act, in sub-

section (2), for the word "person", the words "citizen of India" shall

be substituted.

10.

Omission of sections 11 and 12.

10. Omission of sections 11 and 12.-Sections 11 and 12 of the principal

Act shall be omitted.

11.

Amendment of section 14.

11. Amendment of section 14.-In secion 14 of the principal Act, for the

words and figures "sections 5 and 6″, the words, figures and letter

"sections 5, 6 and 7A" shall be substituted.

12.

Insertion of new section 14A.

12. Insertion of new section 14A.-After section 14 of the principal

Act, the following section shall be inserted, namely:-

Issue of national identity cards.

"14A. Issue of national identity cards.-(1) The Central Government may

compulsorily register every citizen of India and issue national

identity card to him.

(2) The Central Government may maintain a National Register of Indian

Citizens and for that purpose establish a National Registration

Authority.

(3) On and from the date of commencement of the Citizenship (Amendment)

Act, 2003, the Registrar General, India, appointed under sub-section

(1) of section 3 of the Registration of Births and Deaths Act, 1969 (18

of 1969) shall act as the National Registration Authority and he shall

function as the Registrar General of Citizen Registration.

(4) The Central Government may appoint such other officers and staff as

may be required to assist the Registrar General of Citizen Registration

in discharging his functions and responsibilities.

(5) The procedure to be followed in compulsory registration of the

citizens of India shall be such as may be prescribed.

13.

Insertion of new section 15A.

13. Insertion of new section 15A.-After section 15 of the principal

Act, the following section shall be inserted, namely:-

Review.

"15A. Review.-(1) Any person aggrieved by an order made by the Central

Government, may, within thirty days from the date of such order, make

an application for review of such order:

Provided that the Central Government may entertain an application after

the expiry of the said period of thirty days, if it is satisfied that

the applicant was prevented by sufficient cause from making the

application in time:

Provided further that an application for a review of an order passed in

terms of the provisions of section 14A shall be disposed of in the

manner provided for in the procedure as may be laid down under clause

(ia) of sub-section (2) of section 18.

(2) On receipt of an application under sub-section (1), the Central

Government shall, make such order as it deems fit, and the decision of

the Central Government on such review shall be final.".

14.

Amendment of section 17.

14. Amendment of section 17.-In section 17 of the principal Act,-

(a) for the words "six months", the words "five years" shall be

substituted;

(b) for the words "with fine", the words "with fine which may extend to

fifty thousand rupees" shall be substituted.

15.

Amendment of section 18.

15. Amendment of section 18.-In section 18 of the principal Act,-

(i) in sub-section (2),-

(a) after clause (a), the following clause shall be inserted, namely:-

"(aa) the form and manner in which a declaration under sub-section (1)

of section 4 shall be made;";

(b) after clause (i), the following clause shall be inserted, namely:-

"(ia) the procedure to be followed in compulsory registration of the

citizens of India under sub-section (5) of section 14A;";

(ii) in sub-section (3), the following proviso shall be inserted,

namely:-

"Provided that any rule made in respect of a matter specified in clause

(ia) of sub-section (2) may provide that a breach thereof shall be

punishable with imprisonment for a term which may extend to three

months, or with fine which may extend to five thousand rupees, or with

both.".

16.

Omission of First Schedule.

16. Omission of First Schedule.-The First Schedule to the principal Act

shall be omitted.

17.

Substitution of Second Schedule by a new Schedule.

17. Substitution of Second Schedule by a new Schedule.-For the Second

Schedule to the principal Act, the following Schedule shall be

substituted, namely:-

THE SECOND SCHEDULE

OATH OF ALLEGIANCE

"THE SECOND SCHEDULE

[See sections 5(2) and 6(2)]

OATH OF ALLEGIANCE

I, A/B…………………do solemnly affirm (or swear) that I will

bear true faith and allegiance to the Constitution of India as by law

established, and that I will faithfully observe the laws of India and

fulfil my duties as a citizen of India.".

18.

Amendment of Third Schedule.

18. Amendment of Third Schedule.-In the Third Schedule to the principal

Act,-

(a) in the opening portion, the words "who is not a citizen of a

country specified in the First Schedule" shall be omitted;

(b) in clause (b), for the words "he has renounced the citizenship of

that country in accordance with the law therein in force in that behalf

and has notified such renunciation to the Central Government", the

words "he undertakes to renounce the citizenship of that country in the

event of his application for Indian citizenship being accepted" shall

be substituted;

(c) in clause (d),-

(i) for the words "twelve years", the words "fourteen years" shall be

substituted;

(ii) for the words "nine years", the words "eleven years" shall be

substituted;

(d) in the proviso, in clause (ii), for the words "thirteen years", the

words "fifteen years" shall be substituted.

19.

Insertion of new Fourth Schedule.

19. Insertion of new Fourth Schedule.-After the Third Schedule to the

principal Act, the following Schedule shall be inserted, namely:-

THE FOURTH SCHEDULE

[See section 2(1)(gg)]

"THE FOURTH SCHEDULE

[See section 2(1)(gg)]

1. Australia.

2. Canada.

3. Finland.

4. France.

5. Greece.

6. Ireland.

7. Israel.

8. Italy.

9. Netherlands.

10. New Zealand.

11. Portugal.

12. Republic of Cyprus.

13. Sweden.

14. Switzerland.

15. United Kingdom.

16. United States of America.".

June 4th, 2009 | Category: Constitution Law of India

Indian nationality law

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Indian citizenship and nationality law: The Constitution of Indiaprovides for a Single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India. Relevant Indian legislation is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Ordinance 2005. The Citizenship (Amendment) Act 2003 received the assent of the President of India on 7 January 2004 and came into force on 3 December 2004. The Citizenship (Amendment) Ordinance 2005 was promulgated by the President of India and came into force on 28 June 2005.

Following these reforms, Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli(citizenship by right of birth within the territory).

Contents [hide] 1 The Law 1.1 Citizenship by Birth 1.2 Citizenship by Descent 1.3 Citizenship by Registration 1.4 Citizenship by Naturalization 1.5 Citizenship at the commencement of the Constitution of India** 1.6 Renunciation of Indian citizenship 1.7 Automatic Termination of Indian citizenship 1.8 Overseas Citizenship of India 1.9 Person of Indian Origin (PIO) Card 2 British nationality and India 3 Application Procedure for OCI 3.1 Lack of Standard Procedure 4 External links 5 See also 6 External links

[edit] The Law

[edit] Citizenship by Birth

Any person born in India on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987 was a citizen of India by birth. A person born in India on or after 1 July 1987 was a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.

[edit] Citizenship by Descent

Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Person born outside India on or after 10 December 1992 are considered as citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

[edit] Citizenship by Registration

The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:-------

• a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
• a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
• a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
• minor children of persons who are citizens of India;
• a person of full age and capacity whose parents are registered as citizens of India by ordinary residence in India for seven years;
• a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
• a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

[edit] Citizenship by Naturalization

Citizenship of India by naturalization can be acquired by a foreigner who has resided in India for twelve years. The applicant must have lived a total of 11 years in India in a period of 14 years, and must have spent in India the past 12 months preceding the application.

[edit] Citizenship at the commencement of the Constitution of India**

Persons domiciled in the territory of India as on 26 November 1949automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force (the majority of the constitutional provisions came into force on 26 January 1950). The Constitution of India also made provisions regarding citizenship for migrants from territories of Pakistan. This is because during the framing of the constitution, British India was partitioned into India and Pakistan (both seceding from the British Empire) and the constitution framers thought it was necessary to provide in some manner, for the legitimisation of refugee entrants from Pakistan who were previously citizens of British India. Therefore, migrants during the time of partition, shortly before or thereafter were also provided automatic citizenship.

[edit] Renunciation of Indian citizenship

Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."

[edit] Automatic Termination of Indian citizenship

Warning stamped onto Indian Passports Issued by the High Commission of India, Ottawa, Canada

Termination is covered in Section 9 of the Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation.

Section 9(1) of the act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. It also provides that any citizen of India who voluntarily acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalisation or registration — even if the acquisition of another citizenship was done as a result of actions by the child's parents.

The acquisition of another country's passport is also deemed under the Citizenship Rules, 1956 to be voluntary acquisition of another country's nationality. Rule 3 of Schedule III of the Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date". Again, this rule applies even if the foreign passport was obtained for the child by his or her parents, and even if possession of such a passport is required by the laws of a foreign country which considers the child to be one of its citizens (e.g., a U.S.-born child of Indian parents who is automatically deemed to be a U.S. citizen according to U.S. law, and who is therefore required by U.S. law to have a U.S. passport in order to travel abroad). It does not matter that a person continues to hold an Indian passport. Persons who acquire another citizenship lose Indian citizenship from the date on which they acquire that citizenship or another country's passport. The prevailing practice at a number of British diplomatic posts, for example, is to impound and return to the Indian authorities the Indian passports of those applicants who apply for and are granted British passports.

Special rules exist for Indian citizens with a connection to Goa, Daman and Diu. Rule 3A of Schedule III of the Citizenship Rules, 1956 states that "Where a person, who has become an Indian Citizen by virtue of the Goa, Daman and Diu (Citizenship) Order, 1962, or the Dadra and Nagar Haveli (Citizenship) Order 1962, issued under section 7 of the Citizenship Act, 1955 (57 of 1955) holds a passport issued by the Government of any other country, the fact that he has not surrendered the said passport on or before the 19 January 1963shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date.

On 16 February 1962, a Constitution Bench of the Supreme Court of India held in the case of Izhar Ahmad Khan Vs. Union of India that "If it is shown that the person has acquired foreign citizenship either by naturalisation or registration, there can be no doubt that he ceases to be a citizen of India in consequence of such naturalisation or registration."

[edit] Overseas Citizenship of India

Front Cover of an OCI Registration Certificate

There now exists a provision for a new form of Indian nationality, the holders of which are to be known as Overseas Citizens of India. The Constitution of India does not permit dual citizenship or dual nationality, except for minors where the second nationality was involuntarily acquired. Indian authorities have interpreted the law to mean a person can't have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (e.g., a child born in the United States to Indian parents) — and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not a full citizenship of India and thus, does not amount to dual citizenship or dual nationality.

The Central Government may, on application, register any person as an Overseas Citizen of India if that Person is of Indian Origin and is from a country which allows dual citizenship in some form or the other. Broadly speaking, a "Person of Indian Origin" is a citizen of another country who:

• was a citizen of India on 26 January 1950 or at any time thereafter; or
• was eligible to become a citizen of India on 26 January 1950; or
• belonged to a territory that became part of India after the 15th day of August, 1947; or
• is the child or grandchild of a person described above; and
• has never been a citizen of Pakistan or Bangladesh.

Note that children of Indian parents do not automatically fulfill these requirements, and are therefore not automatically eligible for OCI.

Indian Missions are authorized to grant applications for Overseas citizenship of India within 15 days to cases where there is no involvement in serious offences like drug trafficking, moral turpitude, terrorist activities or anything leading to imprisonment of more than a year.

The introduction of Overseas Indian Citizenship does not entitle people who have acquired, or are planning to acquire, foreign nationality or to retain their Indian passports. The law continues to require that Indian citizens who take foreign nationality must immediately surrender their Indian passports. Those who are eligible can then apply for registration as Overseas Indian Citizens.

There is no plan to issue Indian passports to Overseas Citizens of India, although the registration certificate will be in the form of a passport-like booklet (similar to the #Person of Indian Origin (PIO) Card mentioned below). The Cabinet has also directed the Ministry of Overseas Indian Affairs to work on a proposal to give biometric smart cards to registered Overseas Citizens of India.

An Overseas Citizen of India will enjoy all rights and privileges available to Non-Resident Indians excluding the right to invest in agriculture and plantation properties. The person has to carry his existing foreign passport which should include the new visa called 'U' visa which is a multi-purpose, multiple-entry, life-long visa. It will entitle the Overseas Citizen of India to visit the country at any time for any length of time and for any purpose.

An Overseas Citizen of India will not enjoy the following rights even if resident in India: (i) the right to vote, (ii) the right to hold the offices of President, Vice-President, Judge of Supreme Court and High Court, Member of Lok sabha, Rajya Sabha, Legislative Assembly or Council, (iii) appointment to Public Services (Government Service). Also Overseas Citizens of India are not eligible for an inner linepermit, they have to apply for a Protected area permit if they want to visit certain areas in India.

An interesting question is whether a person registered as an Overseas Citizen of India will lose the right of diplomatic protection by their home country while in India. Article 4 of the Hague Convention on Certain Questions relating to the Conflict of Nationality Laws of 1930 provides that "a State may not afforddiplomatic protection to one of its nationals against a state whose nationality such person also possesses". The case depends on two things: first, does the Indian government itself recognize Overseas Citizenship of India as a true citizenship and on that basis refuse the right of diplomatic protection by the other country; and second, does the person's home country recognize it and accept India's refusal. Both points are doubtful. India does not give Overseas Citizens an independent travel document but instead puts a visa in the other country's passport. If a person is eligible to have only another country's passport but not any form of Indian travel document, it is hard to avoid the conclusion that the person is a sole citizen of the other country for the purposes of diplomatic protection.

Acquiring Overseas citizenship of India prevents British nationals from registering as full British citizens under Section 4B of the British Nationality Act of 1981 (which requires that nationals have no other citizenship in order to register.) It does not prevent them from acquiring full British citizenship by a different method and it does not revoke their British citizenship if they have already registered under Section 4B. [1][2]

The Government of India's Public Information Bureau issued a press release which explains the Scheme for Overseas citizenship of Indiaon 29 June 2005.

Full details of the OCI scheme can be found on the Government of India, Ministry of Home Affairs Web Page: (external link)http://mha.nic.in/oci/oci-main.htm

A number of other articles have been written including:

• Fool's Gold published December 2004 in Little India
• Dual Citizenship or Dupli City? by Narayanan Komerath, published 28 January 2005
• Read the Small Print on Indian Overseas Citizenship Offer, Warns British Immigration NGO by Joint Council for Welfare of Immigrants, released 10 August 2005
• Overseas citizenship of India/Dual Nationality - US Embassy, New Delhi

[edit] Person of Indian Origin (PIO) Card

Any person currently holding a non-Indian passport, who can prove their Indian origin up to three generations before (or is the spouse of a citizen of India or person of Indian origin), is eligible for a Person of Indian Origin card. Citizens of Pakistan, Bangladesh and other countries as may be specified by the Central Government are not eligible for grant of Person of Indian Origin Card.

PIO cards give the holder the following benefits: (a) visa-free entry into India for fifteen years, (b) exemption from registration at a Foreigners' Regional Registration Office if the period of stay in India does not exceed 180 days (for stay of more than 180 days, the PIO card holder needs to register at a FRRO office), and (c) PIO card holders enjoy parity with Non-Resident Indians in economic, financial and educational fields.

A PIO Card is generally valid for a period of fifteen years from the date of issue.

PIO holders can acquire, hold, transfer or dispose of immovable properties in India (except agricultural/ plantation properties), open rupee bank accounts in India, lend in rupees to Indian residents, make investments in India etc.

PIO holders' children can obtain admission in educational institutions in India in the general category quota for Non-Resident Indians, including Medical, Engineering colleges, IITs & IIMs.

PIO holders are eligible for various Housing schemes under Life Insurance Corporation of India (LIC) or Central/State Governments.

Possession of a PIO card will not entitle the holder to: (a) be eligible for the exercise of any political rights, (b) visit restricted/protected areas without permission, and (c) undertake mountaineering, research and missionary work without permission.

[edit] British nationality and India

British & Commonwealth citizenship

Commonwealth nationality laws

British (history) Australian Barbadian Canadian (history) Indian Malaysian Maltese New Zealand Samoan Singaporean South African Tongan Irish citizens in the UK

Classes of citizens and subjects

British citizen British subject British Overseas Territories citizen British Overseas citizen British National (Overseas) British protected person Commonwealth citizen

Rights and visas

Right of abode Indefinite leave to remain Permanent resident (Australia) Permanent resident (Canada) Belonger status UK Ancestry Entry Clearance

Acts

Ireland Act 1949 British Nationality Act 1981 Falkland Islands (1983) Overseas Territories Act 2002 Canadian Citizenship Act 1946

Prior to 1 January 1949, Indians were British subjects under United Kingdom law. SeeBritish nationality law. Between 1 January1949 and 25 January1950, Indians remainedBritish subjects without citizenship unless they had already acquired citizenship of the UK & Colonies or another Commonwealth country.

On commencement of the Indian Constitution on 26 January 1950, under British Nationality law a person who became an Indian citizen also had the status ofCommonwealth citizen(also known as a British subject with Commonwealth citizenship, a status which does not entitle the person to use a British passport) by virtue of their Indian citizenship and India's membership of the Commonwealth. However, a number of Indians did not acquire Indian citizenship on commencement of the Indian Constitution and retained British subject without citizenshipstatus (which entitles a person to a British passport) unless they had acquired citizenship of another Commonwealth country. Any person who is solely a British subject (otherwise than by connection with the Republic of Ireland) will automatically lose British subject status on acquiring any other nationality or citizenship including Indian citizenship or Indian Overseas citizenship.

British subjects may register as British citizens under section 4B of the British Nationality Act 1981 without requiring any UK residence if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. This facility has been available since 30 April 2003. Those who have immigrated to the UK may have additional options for acquiring British citizenship, which are usually preferred because they give transmissible British citizenship with otherwise than by descent status.

From 1949 the meaning of the term British subject was substantially different from what had previously been the case and meant little more than a term to describe someone holding the citizenship of a Commonwealth country. Only a British subject without citizenshipwas entitled to a British passport. See British subject.

[edit] Application Procedure for OCI

Currently each embassy have their own set of standards and rules without realizing that it is handled at New Delhi so the procedure has to be same.

[edit] Lack of Standard Procedure

There has been a lack of clarity in the application procedure for OCI. There is no defined published time when the application will be approved or to know the exact position of the application.

[edit] External links

• Extracts from the Citizenship Act 1955 - Indian Ministry of Home Affairs
• Constitutional provisions - Indian Citizenship
• India Visa Information
• Pdf versions of the Citizenship Act 1955 and Citizenship Rules 1956
• OCI Card
• South China Morning Post of 25 September 2006, highlighting the plight of Indian ethnic minority BN(O)s in Limbo in Hong Kong
• South China Morning Post of 23 October 2006, criticising failure to properly process British citizenship applications of Indian-origin ethnic minority British nationals in Hong Kong
• Dual Citizenship - Benefits and Privileges
• Dual Nationality - US Embassy, New Delhi

[edit] See also

• French nationality law, which entitles children born to a parent who was born in one of its overseas dependencies or--in limited circumstances--in one of its ex-colonies, to French citizenship

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[edit] External links

• Indian Tourist Visa

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