Indian Citizenship | SabrangIndia News Related to Human Rights Thu, 25 Jul 2024 11:54:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Indian Citizenship | SabrangIndia 32 32 Triumphant Win for CJP: Jamila Khatoon, Assamese Bengali Muslim, officially recognised as Indian Citizen https://sabrangindia.in/triumphant-win-for-cjp-jamila-khatoon-assamese-bengali-muslim-officially-recognised-as-indian-citizen/ Thu, 25 Jul 2024 11:36:08 +0000 https://sabrangindia.in/?p=36882 With the help of the CJP legal team, Jamila received justice after 1 year and 4 months as her citizenship gets affirmed by the Foreigners Tribunal

The post Triumphant Win for CJP: Jamila Khatoon, Assamese Bengali Muslim, officially recognised as Indian Citizen appeared first on SabrangIndia.

]]>
The North-Eastern state of Assam is, at present, grappling with two main problems: flooding and flood induced displacement, and the issue of those being deemed “outsiders” in their own country. Following the National Register of Citizens (NRC) update, numerous cases have been filed before the Foreigner Tribunal (FT), and a variety of government efforts have allegedly been implemented to address the issue of “illegal migration.” One point that still has to be addressed as we go through this process of questioning individuals and requiring them to provide proof of their nationality is if the entire controversy surrounding the presence of “Bangladeshis” in Assam is being created by the state. Is a broken system causing us to create an “outsider” within India?

Large numbers of vulnerable individuals, especially members of linguistic minorities, such as Bengalis, and religious minorities like Muslims, are being targeted by the state government and put under scrutiny. In most cases, cases are initiated against people belonging to minority communities without any justified doubt, as was highlighted by the Supreme Court in its recent judgement. The Tribunals and Courts have also come under fire for declaring individuals as foreigners for minor discrepancies in their documents. Through the efforts put in by the team of Citizens for Justice and Peace (CJP), these disenfranchised people in Assam have been provided support in their continuous fight to be recognised as nationals of India and attain their right to citizenship. One such victim was Jamila Khatoon, a woman who born and raised in Assam. Even as she possessed all the required documentation to prove her citizenship, she was abused, hounded, and entangled in the web of illegal estrangement under the guise of having to prove her Indian nationality. Despite her legitimate claims, she was accused of being a foreigner. However, with CJP’s intervention, Jamila finally received justice, and her citizenship was affirmed.


Jamila Khatoon with the CJP Assam Team

The legal battle to prove Jamila’s citizenship:

Jamila Khatoon @ Jomila @ Jamila Kahtoon, a 58-years-old Bengali speaking Muslim woman from Village Dologoan under Dhaligoan police station of Chirang District, Assam, had been living a peaceful life with her family until March 2, 2023. On that particular day in March, her world turned upside down when she received a notice from the Assam Border Police, accusing her of being a suspected foreigner and ordering her to appear before the Foreigners Tribunal to prove her citizenship.

Devastated and desperate, Jamila’s family reached out to the team of CJP for legal assistance. The CJP team took up her case and fought tirelessly for over a year, providing legal support, documentation, and emotional comfort to Jamila and her family.

In order to substantiate and prove Jamila’s citizenship in the Tribunal, the CJP team diligently collected documentation, proof, and eyewitness accounts to be submitted as evidence. All along the same, the CJP team kept providing Jamila and her family with emotional and mental support as the fear of losing their citizenship, getting detained and being taken away from their families causes anxiety and concern with people put under scanner. There have been cases documented wherein those accused of being foreigners have gone to the length of causing themselves bodily harm, making it essential that Jamila and her family keep their trust on the CJP team as well as the legal justice system.

The legal representative of Jamila, a part of the CJP legal team, argued in the Foreigners Tribunal that the inquiry report provided by the investigating officer in the case of Jamila was fraudulent and did not follow the correct procedures. It was submitted by the counsel that the investigating officer never went to Jamila’s residence, as was required by the procedure laid down by law. Additionally, the counsel provided that even the recorded testimonies provided as a part of the report were submitted to the Tribunal without the officer questioning any such witnesses. the so-called witnesses’ remarks were recorded. It was the case of the legal counsel that the investigating officer did not record any documentation, passport, or supporting documentation that was provided to them to support Jamila’s claimed foreign nationality.

In furtherance to this, the legal counsel also established that established procedure was not followed in Jamila’s case as no notice was issued to Jamila to appear or provide documents to prove her citizenship. As per the legal counsel, the same was a violation of the due process of law and cause injustice to the accused. Additionally, it was brought to Tribunal’s notice that the said case was also barred by the law of limitation, as it was registered in 2010, and Jamila received notice in 2023, a total of 13 years after the investigation began.

It is essential to highlight that even after there being major flaws in the case against Jamila, Advocate Dewan Abdur Rahim and his junior Advocate Sohidur Rahaman provided the necessary documentation to the Tribunal to establish her citizenship and prove that Jamila was a citizen of India by birth.

It was after a gruelling 1 year and 4 months that the CJP legal team was able to establish that Jamila was a citizen of India. The long legal battle revealed a positive result with the Tribunal finally declared Jamila to be an Indian!


Jamila Khatoon holds us the order declaring her Indian Citizenship outside her home

Jamila Khatoon- an Indian!

On July 17, 2024, on behalf of the CJP team, Assam State Incharge Nanda Ghosh, DVM Abul Kalam Azad, and legal team member Dewan Abdur Rahim handed over the judgment copy to Jamila Khatoon, who was overwhelmed with gratitude and relief. Her emotions of thankfulness and delight had replaced her tears of dread and concern. Jamila narrated how fearful she had felt since the case began, with the anxiety of being called a foreigner and having her future snatched away.

“I used to cry every day, I couldn’t sleep most nights, I was scared,” Jamila shared, with her eyes welling up with tears. “I’m not Bangladeshi, but still, I was scared.”

Jamila praised the CJP team for their constant support and commitment to fighting for the rights of marginalized people like herself, saying that she was now at peace. She offered up prayers for the team.

“I just called Allah and trusted that these sons (Team CJP) would save me,” she says, her voice filled with gratitude.

Jamila’s story demonstrates the difficulties that are being encountered by numerous innocent people in Assam who are falsely suspected of being foreigners. She was suspected of being a Bangladeshi even though she had all the documentation required to prove her citizenship and had been born and raised in Assam. Now, Jamila can finally sleep peacefully, knowing that her citizenship is secure, and she is free from the fear of being labelled a foreigner.

The order of the Tribunal can be accessed here.

 

Related:

Supreme Court: “Authorities cannot randomly accuse people of being foreigners, initiate investigation without material basis”

CJP Impact: Another elderly couple rejoice as their citizenship is restored with CJP’s help

Victory! One more Indian gets their citizenship back with the help of CJP!

 

The post Triumphant Win for CJP: Jamila Khatoon, Assamese Bengali Muslim, officially recognised as Indian Citizen appeared first on SabrangIndia.

]]>
Over 16 lakh Indians renounced citizenship since 2011, 2.5 lakh in 2022 alone: GoI https://sabrangindia.in/over-16-lakh-indians-renounced-citizenship-2011-25-lakh-2022-alone-goi/ Fri, 10 Feb 2023 05:50:15 +0000 http://localhost/sabrangv4/2023/02/10/over-16-lakh-indians-renounced-citizenship-2011-25-lakh-2022-alone-goi/ While canvassing for India as the ‘mother of democracy’ the union government is forced to admit that large sections of middle to high net worth Indians seeking fortunes abroad

The post Over 16 lakh Indians renounced citizenship since 2011, 2.5 lakh in 2022 alone: GoI appeared first on SabrangIndia.

]]>
Indian Citizenship
Image Courtesy: pgurus.com

The significant number of Indians who gave up Indian citizenship since 2011 totals 16,63,440.

Over 16 lakh Indians have renounced their Indian citizenship since 2011 including 2,25,620 last year. This was admitted by the external affairs minister, S Jaishankar replying to a question in the upper house of Parliament, the Rajya Sabha on Thursday, February 9.

The details were provided in response to a question. The minister said that the number of Indians who renounced their Indian citizenship in 2015 was 1,31,489, while 1,41,603 people gave it up in 2016 and 1,33,049 in 2017. In 2018, the number was 1,34,561 persons leaving for foreign shores. There appears to be a steadfast increase in numbers since 2014 and more especially since 2019, the second term of the present regime. While in 2018, the number for the year was 1,34,561, in 2019 it was 1,44,017. The first year of the Covid-19 pandemic and subsequent lockdown –2020– also saw 85, 256 Indians renouncing their citizenship and then,  1,63,370 in 2021. The number in 2022 was 2,25,620, according to the minister.

Giving a background Jaishankar said that even in previous years like 2011 (the second term of the UPA government) saw 1,22,819 Indians leave while the numbers were 1,20,923 in 2012, 1,31,405 in 2013 and 1,29,328 in 2014. Hence, the total number of Indians who gave up Indian citizenship since 2011 comes to 16,63,440.

To a specific query, he said, according to information, five Indian nationals obtained citizenship of the United Arab Emirates during the last three years. Jaishankar also provided a list of 135 countries whose citizenship Indians acquired.

January 2023

Earlier this year, launching an attack on the hype and propaganda of the NDA 2 government, especially over Indians seeking fortune and home overseas, the Congress on Tuesday, January 10, asked Prime Minister Narendra Modi if he would talk about the issues that are forcing such a “high number” of Indians to move out of the country in search of “achche din” happy days). 

Congress party spokesperson Gourav Vallabh hasd elaborated on the issue and stated that data from the Ministry of External Affairs showed that 1,83,741 people renounced their Indian citizenship in the first 10 months of 2022, which amounts to 604 people leaving the country every day. This figure, he said, is 1.7 times higher than the figure of 2014, when on an average 354 people gave up their Indian citizenship every day.

According toe the Congress, he stated that there were six reasons behind many Indians renouncing their citizenship — the consistent high unemployment rate, low growth opportunities due to demonetisation and flawed implementation of the Goods and Services Tax (GST), the country’s poor standings in three global indices related to hunger, gender gap and press freedom, and the country having the maximum number of the poor in the world. He made no reference to the public discourse of hate as also the vendetta-driven regime of the Centre in weaponisation of law enforcement agencies to target voices of dissent and the opposition, however.

Addressing a press conference, Vallabh asserted that the majority of people leaving India are high net worth individuals (HNIs) and asked if the prime minister would address the issues compelling them to leave the country in his ‘Mann ki Baat’ radio address.

Elaborating on the issue, he also said that of those who gave up Indian citizenship in 2022, around 7,000 had an annual income of more than Rs 8 crore.

“Why are 600-plus people giving up their Indian citizenship per day and why the number of Indian people leaving the country’s citizenship increased by 1.7 times,” he asked. Vallabh wondered whether this is “real Amrit Kaal” that the prime minister talks about.

January 2022

Last year, Union Minister of State for Home Nityanand Rai informed the Lok Sabha in the winter session of the Indian Parliament that, over six lakh Indians have given up their citizenship in the past five years,. This data was supported the information available with the Ministry of External Affairs.

The Union MoS was responding to a question and submitted a written reply as well. According to the data, the following is the data of how many people gave up their citizenship each year since 2017. The data for 2021, this year, was only available till September 10. 

Year

Number of people who gave up Indian citizenship

2017

1,33,049

2018

1,34,561

2019

1,44,017

2020

85,248

2021(Up till Sept 10)

1,11,287

This shows that 1,33,049 Indians gave up Indian citizenship in 2017, 1,34,561 in 2018, 1,44,017 in 2019, 85,248 in 2020 and 1,11,287 till September 30, 2021.

Related:

Where are the ‘ache din’ with number of citizens giving up citizenship 1.7 times higher than 2014? Congress

The post Over 16 lakh Indians renounced citizenship since 2011, 2.5 lakh in 2022 alone: GoI appeared first on SabrangIndia.

]]>
Where are the ‘ache din’ with number of citizens giving up citizenship 1.7 times higher than 2014? Congress https://sabrangindia.in/where-are-ache-din-number-citizens-giving-citizenship-17-times-higher-2014-congress/ Thu, 12 Jan 2023 06:37:34 +0000 http://localhost/sabrangv4/2023/01/12/where-are-ache-din-number-citizens-giving-citizenship-17-times-higher-2014-congress/ Congress spokesperson Gourav Vallabh said data from the Ministry of External Affairs showed that 1,83,741 people renounced their Indian citizenship in the first 10 months of 2022, which amounts to 604 people leaving the country every day

The post Where are the ‘ache din’ with number of citizens giving up citizenship 1.7 times higher than 2014? Congress appeared first on SabrangIndia.

]]>
Citizenship
Image Courtesy: nagalandpage.com

Taking a sharp dig at the hype and propaganda of the NDA 2 government, especially over Indians seeking fortune and home overseas, the Congress on Tuesday, January 10, asked Prime Minister Narendra Modi if he would talk about the issues that are forcing such a “high number” of Indians to move out of the country in search of “achche din” happy days). 

Congress party spokesperson Gourav Vallabh said data from the Ministry of External Affairs showed that 1,83,741 people renounced their Indian citizenship in the first 10 months of 2022, which amounts to 604 people leaving the country every day. This figure, he said, is 1.7 times higher than the figure of 2014, when on an average 354 people gave up their Indian citizenship every day.

He mentioned six reasons behind many Indians renouncing their citizenship — the consistent high unemployment rate, low growth opportunities due to demonetisation and flawed implementation of the Goods and Services Tax (GST), the country’s poor standings in three global indices related to hunger, gender gap and press freedom, and the country having the maximum number of the poor in the world. He made no reference to the public discourse of hate as also the vendetta-driven regime of the Centre in weaponisation of law enforcement agencies to target voices of dissent and the opposition, however.

Addressing a press conference, Vallabh asserted that the majority of people leaving India are high networth individuals (HNIs) and asked if the prime minister would address the issues compelling them to leave the country in his ‘Mann ki Baat’ radio address.

Elaborating on the issue, he also said that of those who gave up Indian citizenship in 2022, around 7,000 had an annual income of more than Rs 8 crore.

“Why are 600-plus people giving up their Indian citizenship per day and why the number of Indian people leaving the country’s citizenship increased by 1.7 times,” he asked. Vallabh wondered whether this is “real Amrit Kaal” that the prime minister talks about.

Persisting on the issue, the Congress spokesman also posed a set of four questions to the prime minister. Vallabh asked,  “Will he address the issue in his ‘Mann ki Baat’ programme on Sunday and why are ‘achche din’ not coming to Indians in India.” He also noted that Indians have now started investing abroad instead of domestically, asking why ‘achche din’ are coming for Indians outside India and not within the country. Vallabh also said this was bound to happen as India’s global ranking is falling on various parameters, with a consistent high unemployment ratio.

Quoting from CMIE data, he said that in 2022, unemployment level was more than 7 per cent in nine out of 12 months and the figure was 8.3 per cent in December 2022 and in case of urban unemployment, it was 10.9 per cent. The Congress leader said the economic premise of the country, which used to provide employment, has been demolished and that is why the government felt the need of hand-holding people by giving free ration to 80 crore citizens.

He also said India’s 107th rank in the global hunger index out of a total of 121 countries, 135th rank out of 146 in the global gender gap index and 150th rank out of 180 countries in the global press freedom index are some of the reasons behind people giving up Indian citizenship.

Besides, he said, due to the twin shocks of demonetisation and “flawed” implementation of GST, GDP growth fell from 8.3 per cent in financial year 2017 to 3.7 per cent in financial 2020 and the economy has not been able to recover fully till now. Vallabh also flagged the issue of India having the maximum number of poor in the world as one more factor behind people giving up Indian citizenship.

Relying on a joint research report of UNDP and Oxford University, he said that in 2020, there were 22.89 crore people in India who were below the poverty line, and 79 per cent of the people who became “extremely poor” globally during the pandemic were Indians.

He also alleged that the government has not passed on the benefits of cheap crude oil brought from Russia to consumers. As the global crude oil price has decreased considerably, there is a scope of cutting petrol and diesel prices by Rs 20-25 per litre, he said, adding if the Centre decreases the price, the VAT imposed by state governments will automatically get reduced.

Related:

BJP: Promise of Acche Din, Fake Encounters and Political Alternative

‘Acche Din’ only for Crorepati Candidates – Poll Affidavits show a cumulative asset growth of Rs. 142.5 crore

 

The post Where are the ‘ache din’ with number of citizens giving up citizenship 1.7 times higher than 2014? Congress appeared first on SabrangIndia.

]]>
I’m grateful to CJP for defending my citizenship: Mujafar Hosen https://sabrangindia.in/im-grateful-cjp-defending-my-citizenship-mujafar-hosen/ Fri, 12 Aug 2022 13:08:45 +0000 http://localhost/sabrangv4/2022/08/12/im-grateful-cjp-defending-my-citizenship-mujafar-hosen/ The 63-year-old had been served a Suspected Foreigner notice by the Assam Border Police and asked to appear before a Foreigners’ Tribunal

The post I’m grateful to CJP for defending my citizenship: Mujafar Hosen appeared first on SabrangIndia.

]]>
Indian Citizenship

On August 10, the Assam Team of Citizens for Justice and Peace (CJP) helped yet another Assam man achieve closure when we delivered to him a copy of a Foreigners’ Tribunal (FT) order declaring him Indian. Until then, 63-year-old Mujafar Hosen had been riddled with anxiety, which also had an impact on his health.

Hosen, a farmer, is the son of Nayabulla Sheikh and is a resident of Dharai village (Part 1 – Bazar), which falls under the jurisdiction of theLakhipur police station of Goalpara district in Assam.He has three sons – one works in a private firm, another is a labourer and the third is a student of class seven.

On March 6, 2022, when CJP District Volunteer Motivators (DVM) Zesmin Sultana and Roshminara Begum visited him, he told them that he had been served Suspicious Foreigner notice a few days ago, and had been asked to defend his citizenship before an FT.

“He had been asked to appear before the FT No. 3 – Goalpara for the first time on March 15. The CJP team agreed to help him, and Advocate AshimMobarakfrom our legal team appeared for him before the FT on that day,” informs Sultana.

Advocate Mobarak defended Hosen’s case (FT Case No – 1741/GLP/2022). With CJP’s help, Hosen submitted the following documents:

  • Certified copy of the voters list of 1960 containing his father’s name and voters lists of 1966 and 1970 containing his mother’s name

  • Certified copies of Khatian (a type of land document) in the name of his father from 1962 and 1966

  • Certified copy of voters lists of 1979, 1985, 1997, 2005, 2015 and 2021 containing Mujafar Hosen’s own name

He also submitted that that he was born and raised in Chotokalia village, which falls under the jurisdiction of South Salmara Police Station that was at that time a part of the Goalpara district.

Indian Citizenship

Finally, our efforts paid off and the FT ruled in favour of Hosen. The FT ruled, “Considering the entire material on record… Mujafar Hosen is not foreigner as such; he acquired citizenship of India by birth.”

On August 10, we got a copy of the FT order and delivered it to Hosen. Feeling much relieved, he said, “When I first received the notice, I began to been extremely nervous. But the CJP team gave me courage and I felt grateful that they had agreed to help me navigate this crisis.”

Hosen who had been ailing for sometime said, “My health had been declining, especially after receiving the FT notice, but now that I have been declared Indian with CJP’s help, I feel cured! It as if my health and happiness have both been restored.”

A copy of the FT order may be read here:

Related:

CJP helps another Assam woman defend her Indian citizenship
CJP helps another Indian citizen defend his citizenship in Assam
CJP’s intervention was God sent: Rupbhanu Bibi
Dalit widow spared life behind bars due to CJP’s intervention

The post I’m grateful to CJP for defending my citizenship: Mujafar Hosen appeared first on SabrangIndia.

]]>
Give online applications for Indian citizenship under CAA: MHA https://sabrangindia.in/give-online-applications-indian-citizenship-under-caa-mha/ Sat, 29 May 2021 13:58:49 +0000 http://localhost/sabrangv4/2021/05/29/give-online-applications-indian-citizenship-under-caa-mha/ The Ministry issued notification inviting refugees belonging to non-Muslim communities from Afghanistan, Pakistan and Bangladesh to apply for citizenship under the amended Citizenship Act.

The post Give online applications for Indian citizenship under CAA: MHA appeared first on SabrangIndia.

]]>
Image Courtesy:catchnews.com

The Ministry of Home Affairs seems to have set the ball rolling on its most controversial and anti-constitutional piece of legislation, the Citizenship Amendment Act, 2019. On May 28, the Ministry has issued a notification while exercising its powers under section 16 of the Citizenship Act, effectively inviting applications for Indian citizenship from persons from Afghanistan, Bangladesh and Pakistan belonging to minority communities i.e., Hindus, Sikhs, Buddhists, Jains, Parsis and Christians.

The MHA has extended its powers under section 5 of Citizenship Act of registering as a citizen and under section 6 of granting certificate of naturalisation to the District Collector of :

(i) Morbi, Rajkot, Patan and Vadodara in the State of Gujarat ;

(ii) Durg and Balodabazar in the State of Chhattisgarh ;

(iii) Jalore, Udaipur, Pali, Barmer and Sirohi in the State of Rajasthan ;

(iv) Faridabad in the State of Haryana ; and

(v) Jalandhar in the State of Punjab

Further, the powers have also been extended to the Secretary of the Department of Home of the States of Haryana and Punjab within whose jurisdiction the applicant is ordinarily resident.

The notification also sets out procedures for application and eventual verification. The applicant belonging to a minority community as deemed by the Citizenship Act and hailing from Afghanistan, Pakistan or Bangladesh has to apply for citizenship online and the verification of this application shall be done by the Collector at district level or the Secretary at the state level. These applications and reports are to be made accessible simultaneously to the Central Government on an online portal.

The Collector or Secretary is required to make such inquiry as deemed necessary for ascertaining the suitability of the applicant which may include forwarding the application to such agencies for verification and comments as may be required. The notification states that the instructions issued by the central government from time to time in this regard shall be strictly complied with.

The Collector or Secretary is empowered to grant citizenship to the applicant on being satisfied with his suitability. This citizenship will be by registration or naturalisation and certificate of registration or naturalisation will be accordingly issued.

The Collector or Secretary is required to maintain an online as well as physical register containing the details of the person so registered or naturalised as a citizen of India and furnish a copy of the same within 7 days.

At a time when the country has not shown any significant signs of recovering from a major pandemic crisis, the very fact that the home ministry is bent upon implementing its discriminating law which had sparked outrage among the larger public and had forced them to take to the streets bodes ill for future policy intents and initiatives. It appears that divisive politics will continue to override all other concerns of the Modi 2.0 regime. While several of the young protestors have been put behind bars and others continue to languish under the guise of having conspired the Delhi violence of February 2020, the MHA’s move to go ahead and implement the law is not just  brazen but a flagrant violation of any commitment to dissent within a democracy. 

The notification may be read here:

Related:

Bengali Hindu man released from Assam Detention Camp
CJP helps Amala Das get released on bail from Assam Detention Camp
Mark India as “country of particular concern”: USCIRF
Yet another NRC reverification plea moved before SC

The post Give online applications for Indian citizenship under CAA: MHA appeared first on SabrangIndia.

]]>
Gauhati HC restores Indian citizenship of a woman declared a foreigner in 2017 https://sabrangindia.in/gauhati-hc-restores-indian-citizenship-woman-declared-foreigner-2017/ Tue, 30 Mar 2021 13:41:14 +0000 http://localhost/sabrangv4/2021/03/30/gauhati-hc-restores-indian-citizenship-woman-declared-foreigner-2017/ The woman was declared Indian in 2013, but a foreigner in 2017 for dissimilarities in information

The post Gauhati HC restores Indian citizenship of a woman declared a foreigner in 2017 appeared first on SabrangIndia.

]]>
Image Courtesy:thenortheasttoday.com

The Gauhati High Court has passed an order in favour of a woman who was declared an Indian in 2013, and subsequently a foreigner in 2017 by the Foreigners’ Tribunal in proceedings initiated against her.

Justices N. Kotiswar Singh and Manish Choudhury held that the findings by the Foreigners’ Tribunal in the second proceedings in 2017 were barred by the principle of res-judicata followed by the Apex Court’s decision in Abdul Kuddus Vs Union of India.

The concept of res judicata means when a matter is finally decided on its merits by a court having competent jurisdiction, it cannot be subjected to litigation again between the same parties.

The petitioner had argued that she had been declared an Indian citizen earlier by the Foreigners’ Tribunal, but had not been accepted by the Tribunal in subsequent proceedings, as there were dissimilarities in the names of her father and husband in the two proceedings.

The court observed that the petitioner Bulbuli Bibi’s husband’s name had been Najimuddin in one reference and in the other reference, he had been referred to as Nazim. The name of village and the police station remained the same. Similarly, the name of the petitioner’s father had been recorded as late Giapuddin Fakir in the first proceeding and as Giyas Fakir in the second.

The court however noted that although the two references were made, it appeared that the persons sought to be proceeded in the two references appear to be the ‘same person’. The Bench held, “Thus it appears that the only difference or inconsistency is about the difference is the name of the husband, viz, Nazim and Najimuddin. We feel that this difference is minor and not substantial and hence can be ignored. Similarly, the name of the father of the proceeded has been recorded as late Giapuddin Fakir in the first proceeding and in the second proceeding, it has been recorded as Giyas Fakir. We are also of the opinion that these are minor variations, and as such the same can be ignored.”

Hence the court opined that as the petitioner Bulbuli Bibi had not been declared a foreigner by the Foreigners’ Tribunal in the earlier proceeding, she could be declared as an Indian citizen. The Division Bench also recorded “that her husband is an Indian Citizen and has not been declared a foreigner.”

The order may be read here: 

Related:

Deadline to challenge ex-parte FT decision valid only when notice is served: SC
New FT members to work exclusively on NRC exclusion cases in Assam?
104-year-old ‘declared foreigner’ dies asserting his Indianness in Assam

The post Gauhati HC restores Indian citizenship of a woman declared a foreigner in 2017 appeared first on SabrangIndia.

]]>
927 Sikhs and Hindus granted citizenship since 2018 https://sabrangindia.in/927-sikhs-and-hindus-granted-citizenship-2018/ Thu, 12 Dec 2019 12:54:16 +0000 http://localhost/sabrangv4/2019/12/12/927-sikhs-and-hindus-granted-citizenship-2018/ In one of the questions on December 11 in Rajya Sabha came a question from Dr. Kirodi Lal Meena of BJP seeking data on citizenship given to refugees from particularly Afghanistan and Pakistan.

The post 927 Sikhs and Hindus granted citizenship since 2018 appeared first on SabrangIndia.

]]>
Citizenship
Image Courtesy: Getty Images
 

The questions asked for data on number of Sikh and Hindus refugees who entered India in the past 3 years from these two countries, the number of these refugees granted citizenship and asked for a timeline as to when the rest of the refugees will be granted Indian citizenship.

The Ministry of Home Affairs (MHA) stated that 391 Afghani and 1595 Pakistani migrants, have been granted Indian Citizenship in the last 3 years i.e. from 2016 to 2018. Further, the Ministry also provided data of the current year stating that 40 Afghani and 712 Pakistani migrants have been granted citizenship in 2019 until December 6.

The government further said that in 2018 they have started capturing citizenship data pertaining to migrants belonging to minority communities such as Sikh, Hindu, Buddhist, Jain, Parsi and Christian. Since this system was introduced in 2018, (total of) 927 Sikhs and Hindus from Afghanistan and Pakistan have been granted citizenship. If this data is being maintained for each community, it is unclear why the MHA has not provided separate data on Sikhs and Hindus.

The government, however said that it does not centrally maintain data regarding Sikh and Hindu refugees who have entered India from Afghanistan and Pakistan and consequently it cannot provide data on how many such refugees have not been granted citizenship yet.

Evidently, much before the Citizenship Amendment Bill could be passed by the Parliament, the government has started collating data on migrants categorizing them into their religions to use such data for their own benefit in the future. It may be used to prove its point that so many people belonging to these communities have faced religious persecution and the government has done the noble deed of giving them asylum and citizenship rights.

The Bill, however, provides for granting citizenship to migrants who entered India on or before 31st December 2014, yet the government is maintaining this data for migrants being granted citizenship after this period, the reason for the same, one cannot ascertain at this moment.

Related:

Don’t show anti-national content: I&B Ministry
PIB’s #MythBuster attempt busted
Assam engulfed in smoke as protests rage on
Massive Protests against CAB in Aligarh
Calls for Civil Disobedience against CAB
Citizenship Amendment Bill: Unconstitutional and Divisive

The post 927 Sikhs and Hindus granted citizenship since 2018 appeared first on SabrangIndia.

]]>
Assam on the Edge a Day before NRC draft comes out https://sabrangindia.in/assam-edge-day-nrc-draft-comes-out/ Sun, 29 Jul 2018 09:31:44 +0000 http://localhost/sabrangv4/2018/07/29/assam-edge-day-nrc-draft-comes-out/ The day before the updated draft of National Register of Citizens (NRC) is expected to come out, Assam remains tense. Fearing a possible breakout of violence, security forces have been deployed across the state. Meanwhile, hundreds of thousands of people are uncertain about what the future holds for them as they fear that their names may not […]

The post Assam on the Edge a Day before NRC draft comes out appeared first on SabrangIndia.

]]>
The day before the updated draft of National Register of Citizens (NRC) is expected to come out, Assam remains tense. Fearing a possible breakout of violence, security forces have been deployed across the state. Meanwhile, hundreds of thousands of people are uncertain about what the future holds for them as they fear that their names may not make it to the list.

 

How to find out if you are on the list?

According to Prateek Hajela, State Co-ordinator of the NRC, the updated version of the NRC will be published by 10 am on 30th July. The draft NRC will be available in every village of Assam. Every citizen will able to check their names by connecting with Booth-level Officers in every village. You can also send your ARN Number (a code number given to all applicants of during the time of submission of their applications) to the four numbers of Government website or by registering their ARN Numbers through sending messages to three numbers of helpline telephone numbers.
The website for checking the ARN Numbers are:
www.nrcassam.nic.in
www.assam.mygov.in,
www.assam.gov.in and
www.homeandpolitical.assam.gov.in

Any person can access these websites and after submitting their ARN Numbers they will able to know whether their names have been entered in the final draft of the NRC.
Moreover, a person can send a mobile message to the NRC helpline numbers viz. 7899405444 or 7026861123 or 97065556555. Anybody who will send their mobile message by citing their ARN Numbers by 7 pm on 29th July will get a message from the same numbers on July 30 from 10 am onwards, giving the status of every member of the family.
 

What happens if you don’t make it to the list?

The Government of Assam and the NRC authority are have maintained that on 30th July, the NRC authority is going to publish only the draft of the updated NRC and it is not final NRC. Anybody, whose name is left out of the final draft, will get the opportunity to raise their claim and objections. These claims and objections should be raised within 30 days from declaration of the draft of the updated version of NRC.

However, many citizens who have submitted their applications along with all sorts of documents regarding their citizenship are not convinced by government assurances, and have dubbed it ‘propaganda’ designed to hide flaws in the system. Their objection is that they have submitted their applications and all necessary documents to prove their citizenship. They have attended all hearings as per notified by the NRC Authority. If their applications are rejected, they will have to jump through more bureaucratic and legal hoops, which many view as unnecessary harassment.
 

Did ‘Hasty update’ lead to exclusion of a large number of people?

Internal sources connected with the NRC update process say that huge number of have been left out of the updated final draft of the NRC in a hasty way. It is alleged that the assurances made by the modalities, SOP, SSOP on update of NRC have been violated in a huge number of cases.
 

D-Voters and Siblings and family members of Declared Foreigners

Therefore the big question on everyone’s minds is how many people will be left out of the updated draft of the NRC? Estimates vary, but it appears that the number could be in lakhs. There are about 1.48 Lakhs of D Voters, plus over 92,000 declared foreigners. Add to this all of their siblings and children of the declared foreigners, whose names will be kept pending from the draft NRC till they have received a clean chit from the FT.

Panchayat Certificates submitted by Married Women

Moreover, the applications of a huge number of married women and unmarried girl children who were allowed to submit the Village Panchayat certificates to establish their linkage with their parents have been rejected by and large. However, after long running legal war the Supreme Court of India, finally held that the uneducated women, who have no birth certificate or other certificates to establish their relationship with their parents must be allowed to held the Panchayat Certificates and genuine link certificates. In these cases, the Supreme Court of India directed the NRC Co-ordinator, to examine the genuineness of such certificates. However, it is alleged that the middle-ranked officials related to the NRC, have directed that those who have submitted the Panchayat Certificates must submit additional documents from before December, 2015, which may be a supportive the Panchayat Certificates!

The married or unmarried women, along with a huge number of minor boys, who have no School or Birth Certificates, could be left out of the final Draft NRC in this way. In huge numbers of cases, the District Level officers have allegedly put on hold the Panchayat Certificates citing it as oral certificates! In this way, lakhs of genuine Indian Citizen could lose the opportunity to enter their names in the updated draft NRC.
 

Allegations of ploy to keep out Religious and Linguistic Minorities

Many people view this as an injustice against huge number of Religious and Linguistic Minorities, especially Muslims and Bengali speaking Hindus, who are mostly from Dalit and other oppressed communities. They have been raising this issue by way of protests and demonstrations across the state. The central and state governments are aware of the situation and the possibility of the break out of violence. This is why there is a deployment of security forces all over Assam, especially in the minority dominated districts. Even the Army is on standby.

Image Courtesy: People stand in line to check their names on the first draft of the National Register of Citizens (NRC) at Gumi village of Kamrup district in the Indian state of Assam on January 1, 2018. /VCG Photo
 

The post Assam on the Edge a Day before NRC draft comes out appeared first on SabrangIndia.

]]>