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Minority immigrants not to become citizens 'automatically,' MHA clarifies

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Times of India
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By Bharti Jain

NEW DELHI: Migrants from six minority religious faiths in Pakistan, Afghanistan and Bangladesh who came to India on of before December 31, 2014, will not become Indian citizens automatically with the enactment of Citizenship Amendment Act, 2019, home ministry sources said on Monday. They must apply online for citizenship after, which the competent authority will assess if they fulfill all the requirements for registration or naturalisation as Indian citizen.

An official said the home ministry would soon notify rules under the amended Citizenship Act, elaborating the procedure and formalities for application and grant of citizenship to eligible immigrants from the three neighbouring countries. The rules will lay down the documents that must be uploaded in support of the applicant’s claim that he migrated to India by December 31, 2014 and that he has completed the minimum five-year residency period. Also, sources indicated, the eligible migrants may be required to submit an affidavit declaring that they had migrated due to religious persecution of fear of such persecution.

The new citizenship rules will lay down the process to be followed by the district administration and SP, who mostly doubles up as the FRO (foreigner registration officer), for physical verification of the documents uploaded along with the citizenship application. The home ministry shall take the final call on issuing the certificate of registration or naturalisation, based on inputs and assessment of the district administration.

“The CAA does not apply to Indian citizens. They are completely unaffected by it. It only seeks to grant Indian citizenship to foreigners who have suffered persecution on grounds of their religion in the three neighbouring countries,” an officer clarified.

In past six years, approximately 2,830 Pakistani citizens, 912 Afghani citizens and 172 Bangladeshis were granted Indian citizenship. Hundreds of them were from the majority community in these three countries. “Such migrants shall also continue to get citizenship if they fulfil the eligibility conditions already provided in the law for registration or naturalisation,” said.

Home ministry sources said CAA would protect the interests of tribal and indigenous people of north-east by excluding areas under Sixth Schedule of the Constitution and areas covered by system. Such migrants living in these areas will not be able to apply for Indian citizenship. “So, there is no question of any influx of foreigners swamping the indigenous population,” said an officer.

The Government of India had extended long-term visa facility to Pakistani/Afghani/Bangladeshi migrants for long. CAA now enables them to take Indian citizenship if they fulfil the laid down criteria. In 2004, the Centre delegated the power to grant citizenship by registration to six collectors of Gujarat and Rajasthan in respect of Hindu migrants.

Besides, between 1964 and 2008, 4.61 lakh Tamils of Indian origin were given Indian citizenship based on international agreements signed in 1964 and 1974. Presently, about 95,000 Sri Lankan refugees are living in Tamil Nadu and are being provided rations, doles and other facilities by Centre and Tamil Nadu government. “They can apply for Indian citizenship as and when they become eligible to do so,” said the home ministry officer.

During 1962-78, over 2 lakh Burmese of Indian origin fled from Burma (now Myanmar) after many trades and businesses were nationalized there and properties of such Indians were forcibly taken by the state. They settled in various parts of India.