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India Politics

Did RBI help set the stage for CAA?

In 2018, the nation’s apex monetary institution gave property buying rights to non-Muslim minorities from countries mentioned in the Citizenship Amendment Act (CAA).

RBI

The Hindu reported that the Reserve Bank of India (RBI) issued a notification in March 2018 permitting long-term visa holders belonging to minority communities from Afghanistan, Bangladesh or Pakistan, to purchase immovable property subject to certain conditions.

The RBI that controls the currency, banking system and monetary policy, issued Notification No. FEMA 21(R)/2018-RB on March 26, 2018 under the provisions of the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018. Point 7 of the notification is reproduced below:

 

7. Acquisition by a Long-Term Visa holder:-

A person being a citizen of Afghanistan, Bangladesh or Pakistan belonging to minority communities in those countries, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who is residing in India and has been granted a Long Term Visa (LTV) by the Central Government may purchase only one residential immovable property in India as dwelling unit for self-occupation and only one immovable property for carrying out self-employment subject to the following conditions:

  • the property should not be located in and around restricted/ protected areas so notified by the Central Government and cantonment areas;

  • the person submits a declaration to the Revenue Authority of the district where the property is located, specifying the source of funds and that he/ she is residing in India on LTV;

  • the registration documents of the property should mention the nationality and the fact that such person is on LTV;

  • the property of such person may be attached/ confiscated in the event of his/ her indulgence in anti-India activities;

  • a copy of the documents of the purchased property shall be submitted to the Deputy Commissioner of Police (DCP)/ Foreigners Registration Office (FRO)/ Foreigners Regional Registration Office (FRRO) concerned and to the Ministry of Home Affairs (Foreigners Division);

  • such person shall be eligible to sell the property only after acquiring Indian citizenship. However, transfer of the property before acquiring Indian citizenship shall require prior approval of DCP/FRO/FRRO concerned.

Newsclick reported that subsequently, the same set of minorities from the same countries, were allowed to open Non-Resident Ordinary (NRO) accounts to manage their incomes earned in India.

These moves are significant, not only because they were undertaken in the run up to the CAA, but also because a federal institution, that is purportedly autonomous and not expected to display any bias, religious or otherwise, clearly issued a notification that specifically left out Muslims. Considering that the Modi regime had introduced CAB in 2016, it cannot be ruled out that the RBI was in the know as the notification specifically names the communities and countries mentioned in CAA.

Related:

SC to hear petitions against CAA on Dec 18
Anti-CAA protests continue amidst an uneasy calm in Assam

 

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