The Home Ministry of India has initiated steps to facilitate citizenship for persecuted minorities from countries such as Pakistan, Afghanistan, and Bangladesh who have found refuge in India. Collectors from certain districts across seven States now possess the authority to accept online applications for granting citizenship. The grant comes into effect once verification reports arrive from both the State and Central locations.
Powers Delegated to State Collectors
States such as Chhattisgarh, Gujarat, Madhya Pradesh, Maharashtra, Rajasthan, Uttar Pradesh and Delhi have been granted special powers by the Home Ministry. Now, they can issue citizenship and naturalisation certificates to migrating minorities under Sections 5 and 6 of the Citizenship Act, 1955.
Recent Updates to Citizenship Rules
The Schedule I of the Citizenship Rules, 2009 has undergone recent revisions by the Home Ministry. A significant requirement in the updated rules is the declaration of religion by individuals of Indian origin who seeks citizenship. This declaration applies to various groups, including those married to Indian citizens, children born abroad to Indian parents, and individuals whose either parent was a citizen of independent India. The implication of this change is noteworthy as the original act – Citizenship Act, 1955 – didn’t mention religion.
Citizenship Amendment Bill, 2016
The Citizenship Amendment Bill was introduced with an intent to modify the Citizenship Act, 1955. It chiefly aims at offering Indian citizenship to illegal immigrants from religious communities such as Hindu, Sikh, Buddhist, Jain, Parsi, or Christian living in Afghanistan, Bangladesh, and Pakistan. The amendment proposes these individuals will gain permanent citizenship following six-year residency rather than the previous stipulated time of 11 years.
Concerns Associated with the Citizenship Amendment Bill
The Bill has elicited concerns due to discrimination among refugees based on their religion. Critics argue that it doesn’t consider Muslim community refugees who have fled to India escaping persecution, thus violating Article 14 of the Indian constitution. Additionally, the Bill allows for cancellation of Overseas Citizen of India (OCI) registration even for minor offences.Proposed Solutions and the Way Forward Addressing these concerns requires implementing checks and balances, such as appointing committees or an ombudsman to limit the broad powers given to the government.
Another consideration is removing the condition of declaring religion from immigration criteria as it conflicts with the idea of secularism. Further examination is needed into the status of refugees, drawing a clear line between a refugee and an immigrant, in view of the global migrant crisis. The law should be devoid of biases and include persecuted minorities beyond those defined by religion.Defining OCIs and Naturalised CitizenshipOverseas Citizens of India (OCIs) are persons of Indian origin yet, not residents of India, such as former Indian citizens or people whose parents are Indian citizens.
They enjoy a multipurpose, lifelong visa allowing them to visit India regardless of purpose or time. Additionally, the definition of an illegal immigrant is a person entering India without valid travel documents or overstaying their visa period. Citizenship by naturalisation can be granted by the Central Government to any person who can renounce the citizenship of his/her existing country.
| Year | Bill | Key Changes |
|---|---|---|
| Citizenship Act, 1955 | No specific requirement of declaring religion | Citizenship can be obtained through five ways: Birth, Descent, Registration, Naturalization, Incorporation of the territory |
| Citizenship Rules, 2009 | Religion declaration added | Schedule I updated |
| Citizenship Amendment Bill, 2016 | Illegal immigrants from specific religious communities eligible for Indian citizenship | Residency requirement decreased from 11 to 6 years |
