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Sunday, January 12, 2020

January 12, 2020

National Register of Citizens (NRC)

The National Register of Citizens (NRC) is a register of all Indian citizens whose composition is mandated by the Citizenship Act 1955, as amended in 2003.  It has been implemented for the state of Assam between 2013-2014.   The government plans to implement it for the rest of India in 2021.   According to the Citizenship Rules, 2003, the Center can issue orders to prepare NPR and prepare NRC based on the data collected in the National Population Register (NPR).   It is stated in 2003 that local authorities will decide whether the name of the person will be added to the NRC or not, which will determine his citizenship status.  No new rules or legislation are required to conduct this practice across India. 

  Assam, being a border state with unique problems of illegal immigration, an NRC was created for the state in 1951 based on the 1951 census data.  But it was not maintained later.  In 1983, the Illegal Migrants (Determination by Tribunal) Act was passed by the Parliament to create a separate tribunal process to identify illegal migrants in Assam.  The Supreme Court of India declared it unconstitutional in 2005, after which the Government of India agreed to update the Assam NRC.

  After a decade of unsatisfactory progress on the update process, the Supreme Court began directing and monitoring the process in 2013.  The last update for Assam was published by NRC on 31 August 2019, with 31 million names out of a population of 33 million, which included 1.9 million applicants.  1.9 million residents who were not on the list, and were in danger of losing their citizenship.  Many of the [residents] affected were Bengali Hindus, a major voter base for the BJP.  After the completion of the Assam NRC exercise, the BJP failed to meet its expectations.  The BJP believed that many legitimate citizens were excluded, including illegal migrants. The register was created because "illegal migration from Bangladesh has long been a concern".  Amendment of the Citizenship Act in 1955, helps protect non-Muslims who are not on the register and are facing arrest or deportation. 

  The ruling government of the Bharatiya Janata Party has promised to implement the NRC across India during its election manifesto and its speeches while campaigning for the 2019 general election.  On 19 November 2019, Home Minister Amit Shah announced in the Rajya Sabha of the Indian Parliament that the NRC would take place across the country. 

  Legal and regulatory provisions

  The Citizenship (Amendment) Act, 2003 ("Act 6 of 2007") added the following section to the Citizenship Act 1955:

  14A.  Issue of National Identity Card.

  (l) The Central Government can compulsorily register every citizen of India and issue a national identity card to him for identification.  (2) The Central Government may maintain the National Register of Indian Citizens and establish a National Registration Authority for this purpose.  (3) From the date of commencement of the Citizenship (Amendment) Act, 2003, the Registrar General shall be appointed under sub-section (1) of section 3 of the India Birth and Deaths Act, 1969 (18 of 1969).  National Registration Authority and he will act as the Registrar General of Civil Registration.  (4) The Central Government may appoint such other officers and employees as may require the assistance of the Registrar General of Citizen Registration in the discharge of its functions and responsibilities.  (5)) The procedure to be followed in compulsory registration of citizens of India will be determined as follows.

  Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003, prescribed under the Act, 13]

  4. Preparation of National Register of Indian Citizens.

  (1) For the purpose of the National Register of Indian Citizens, the Central Government shall cause the country to enter house-to-house for collection of specified details relating to each family and person residing in a local area.  citizenship status.
  (2) The Registrar General of Citizens Registration shall inform the period and duration of the enumeration in the official gazette.
  (3) Special details of each family, for the purposes of preparation and inclusion in the local register of Indian citizens.  And the population register shall be verified and checked by individual local registrars, who may be assisted by one or more persons designated by the Registrar General of Citizen Registration.
 (4) During the verification process, details of persons whose citizenship.  If the suspect is, proper comment will be entered in the population register for further inquiries by the local registrar and in case of the suspect, the citizenship, person or family will be informed in a specified proforma immediately after the verification process is over.
 (5) ...

  As explained by the Ministry of Home Affairs in December 2018, "The Citizenship Act of 1955 is mandatory for every citizen of India to register and issue a national identity card.  The Citizenship Rules of 2003 have been made under the Citizenship Act of 1955.  Explain the method of preparation of national register of citizens.  There is a special provision under the rules to prepare the National Register of Citizens (NRC) in Assam, which is application-based and different from the rest of India where the procedure is calculated.  Based on
January 12, 2020

THE CITIZENSHIP (AMENDMENT) ACT, 2019

An Act to amend the Citizenship Act, 1955.
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  It was enacted by the Parliament in the seventh year of the Indian Republic
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  is as follows: -

  1. (1) This Act may be called the Citizenship (Amendment) Act, 2019.

  (2) It shall apply on such date as notified by the Central Government.

  In the official gazette, appoint.

  2. In the Citizenship Act, 1955 (hereinafter referred to as the Main Act), section 2,

  In sub-section (1), in clause (b), the following provisional shall be included, namely: -

  "Provided that any person is Hindu, Sikh, Buddhist, Jain, Parsi or

  Christian communities from Afghanistan, Bangladesh or Pakistan who entered

  On or before 31st day of December 2014 India and by whom exemption has been granted
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  Or sub-section (c) of sub-section (2) of section 3 of the Central Government

  By application of the provisions of the Passport (Entry into India) Act, 1920 or

  Foreign Act, 1949 or any rule or order made thereunder shall not be considered

  Illegal migrants for the purposes of this act;  ".

  3. After section 6A of the principal Act, the following section shall be inserted,
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  Namely: -

  '6B.  (1) The Central Government or an authority specified by it

  Subject to such conditions, restrictions and manner as may be prescribed

  An application made in this regard provides a certificate of registration or certificate

  Naturalization for a person referred to in provisional to clause (b) of sub-section (1)
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  section 2.

  (2) Subject to the conditions specified in section 5 or

  Eligibility for naturalization under the provisions of the Third Schedule, a.

  The person provided a certificate of registration or a certificate of naturalization under

  Sub-section (1) shall be deemed to be a citizen of India from the date of its accession

  India.

  (3) From the date of commencement of citizenship (amendment)

  Act, 2019, any action pending against a person under this section

  Illegal migration or citizenship will be barred from granting him citizenship:

  Provided that such person shall not be disqualified to apply.

  Under this section citizenship proceedings are pending on this basis

  He and his Central Government or the authority designated by him shall not do

  If he is otherwise found eligible for the grant, reject his application on that basis

  Citizenship under this section:

  Provided that the person who applies for citizenship

  His rights and privileges will not be denied under this section which he was

  Entitled to the date of receipt of his application on such making land
 application.
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  (4) Nothing in this section shall apply to the tribal region of Assam, Meghalaya,

  Mizoram or Tripura as included in the Constitution and the Sixth Schedule

  Area under the notified "inner line" under the Bengal eastern border

  Regulation, 1873. '.

  4. In section 7D of the main Act, -

  (i) After clause (d), the following clause shall be inserted, namely: -

  "(Da) Overseas Citizen of India card holder has violated any

  The provisions of this Act or any other law for the time being in force

  May be specified by the Central Government in the notification published in

  official Gazette;
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  (ii) After clause (f), the following provisional shall be inserted, namely: -

  "Provided that no order shall be passed under this section unless

  Overseas Citizen of India card holder has been given a fair chance

  Being heard  "

  5. In section 18 of the principal Act, in sub-section (2), after clause (ee), the following

  The clause shall be inserted, namely: -

  "Conditions, restrictions and methods for awarding (EEE) certificate

  Certificate of registration and naturalization under sub-section (1) of section 6B;

  In the Third Schedule to the main Act, in clause (d), the following shall be provisional
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  Be involved, namely: -

  Provided that for Hindu, Sikh, Buddhist, Jain, Zoroastrian or related person

  Christian communities in Afghanistan, Bangladesh or Pakistan, total duration of residence or service in India will be required under this section

  Read as "not less than five years old" instead of "not less than eleven years old".

Saturday, January 11, 2020

January 11, 2020

Citizenship Amendment Act 2019

The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 Dec 2019.It amended the Citizenship Act 1955 before December 2014 by providing a path to Indian citizenship for Hindu, Sikh, Buddhist, Jain, Parsi and Christian religious minorities suffering persecution from Pakistan, Bangladesh and Afghanistan.
The Bharatiya Janata Party (BJP), which heads the Government of India, in the last election manifesto promised to grant Indian citizenship to persecuted religious minorities from neighboring countries.  Following the amendments in 2019, migrants entering India on 31 December 2014, and were victims of "religious persecution or fear of religious persecution" were made eligible for citizenship in their country of origin.  According to the Indian Intelligence Bureau, the amendment to the natural housing requirement for the six immediate beneficiaries of the bill, ranging from twelve years of these migrants, also relaxed 31,313 refugees: 25,447 Hindus, 5,877 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.
The amendment has been widely criticized for discriminating on the basis of religion, especially excluding Muslims.  The Office of the United Nations High Commissioner for Human Rights called it "fundamentally discriminatory", saying that India's "goal of protecting persecuted groups is welcome", calling it a non-discriminatory "strong national asylum system."  Must be completed through.  Critics have expressed concern that the bill would be used to render  national citizens registers as well as many stateless Muslim , as they may be unable to meet stringent birth or identification proof requirements.  Commentators also question the boycott of oppressed religious minorities from other regions such as Tibet, Sri Lanka and Myanmar.  The Indian government says Islam is considered its state religion in Pakistan, Afghanistan and Bangladesh, so Muslims are "unlikely to face religious persecution" there.  However, some Muslim groups, such as Hazar and Ahmadi, have historically faced persecution in these countries.
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The passage of the legislation caused large-scale protests in India.Assam and other northeastern states have seen violent demonstrations against the bill over fears that granting Indian citizenship to refugees and immigrants will cause a loss of their "political rights, culture and land rights" and motivate further migration from Bangladesh. In other parts of India, protesters said the bill discriminated against Muslims and demanded that Indian citizenship be granted to Muslim refugees and immigrants. Major protests against the Act were held at universities in India. Students at Aligarh Muslim University and Jamia Millia Islamia alleged brutal suppression by the policeman. The protests have led to the deaths of several protesters, injuries to protesters and police personnel, damage to public and private property, the detention of hundreds of people, and suspensions of local internet mobile phone connectivity in certain areas. Some states have announced they will not implement the Act. The Union Home Ministry has said that states lack the legal power to stop the implementation of the CAA.
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