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India clarifies questions
India clarifies questions on citizenship law on persecuted religious minorities
The following is a Q&A transcript provided by the Embassy of India in Korea on recently legislated Citizenship Amendment Act (CAA) 2019. It aims to offer an easier pathway to Indian citizenship for 토토사이트추천 persecuted religious minorities in certain neighboring countries. ― ED.

Q: Why should Baluchis, Ahemadiyas in Pakistan, Rohingyas in Myanmar not be considered for this kindness?

A: The CAA has not stopped any foreigners of any country from applying for Indian citizenship under The Citizenship act, 1955. Baluchis, Ahemadiyas and Rohingayas can always apply to become Indian citizens as and when they fulfill qualifications provided in the relevant sections of the Citizenship Act, 1955.

Q: In what ways, does it benefit Hindus, Sikhs, Jains, Buddhists, Parsis and Christians from these three countries?

A: All legal migrants (whose travel documents are complete) including the minority communities from three countries were and are and will continue to be eligible to apply for Indian citizenship if they fulfill the qualifications laid down in the Citizenship Act, 1955. The CAA has not changed this situation whatsoever. Only some migrants from these communities and countries will benefit from the CAA if they have incomplete or no documents or their documents have expired.

Q: Doesn't India have an obligation under the U.N. to take care of refugees?

A: Yes it does. And it is not shying away from it. There are more than two lakhs (200,000) Sri Lankan Tamils and Tibetans in India and more than 15,000 Afghans, 20-25,000 Rohingayas and a few thousand other refugees of different nationalities presently live in India. It is expected that someday these refugees will return to their homelands when conditions improve there.

Q: Will illegal Muslims immigrants from these three countries be automatically deported under this law?

A: No. The CAA has absolutely nothing to do with deportation of any foreigner from India. The deportation process of any foreigner irrespective of his religion or country is implemented as per the mandate of the Foreigners Act, 1946 and/or the Passport (Entry into India) Act, 1920. These two laws govern entry, stay movement within India and exit from India of all foreigners irrespective of their religion or country. Therefore, the usual deportation process would apply to any illegal foreigner staying in India.

Q: Does the CAA affect Indians (Hindus, Muslims, anyone)?

A: No. It has absolutely nothing to do with any Indian citizens in any way. The Indian citizens enjoy fundamental rights conferred on them by the Constitution of India. No statute including the CAA can abridge or take them away. There has been a misinformation campaign. The CAA does not affect any Indian citizens, including Muslim citizens.

Q: What about Sri Lankan Tamils?

A: India has provided citizenship to 4.61 lakh (461,000) Tamils of Indian origin after signing PM level agreements in 1964 and 1974. Presently 95,000 Sri Lankan Tamils are living in Tamilnadu on central and state government subsidies and grants. They can apply for Indian citizenship whenever they become eligible.

Q: Why only these three countries? And why only religious persecution of above notified denominations?

A: The CAA deals with persecution on religious lines in three neighboring countries where the constitution provides for a specific state religion. Followers of other religions have been persecuted in these three countries. The bill is very focused and provides remedy for a particular situation in which some foreigners of these six minority communities find themselves.

Q: Does this mean that Muslims from these three countries can never get Indian citizenship?

A: Muslims from these three and all other countries can always apply for Indian citizenship and can get it if they are eligible. The CAA has not stopped any foreigner from any country from taking citizenship of India provided he meets existing qualifications under the law. During the last six years, approximately 2,830 Pakistani citizens, 912 Afghani citizens and 172 Bangladeshi citizens have been given Indian citizenship.

Q: Whom does CAA apply to?

A: It is relevant only for Hindu, Sikhs, Jain, Buddhist, Parsi and Christian foreigners who have migrated, fled from Pakistan, Bangladesh and Afghanistan into India up to 31.12.2014 on account of persecution faced by them due to their religion. It does not apply to any other foreigners including Muslims migrating to India from any country including these three countries.

FAQ on National Register of Citizens

Q: Is National Register of Citizens (NRC) a part of the Citizenship Amendment Act (CAA)?

A: No. CAA is a separate law and NRC is a separate process. The CAA has come into force nationwide after its passage from Parliament, while the NRC rules and procedures for the country are yet to be decided. The NRC process that is going on in Assam has been implemented by the Honorable Supreme Court and mandated by the Assam Accord.

Q: Do Indian Muslims need to worry about CAA + NRC?

A: There is no need for an Indian citizen of any religion to worry about CAA or NRC.

Q: Will NRC be for people of a particular religion?

A: No. NRC has nothing to do with any religion at all. NRC is for every citizen of India. It is a citizen register, in which names of every Indian will be recorded.

Q: Will people be excluded from NRC on religious grounds?

A: No, NRC is not about any religion at all. Whenever NRC will be implemented, it will neither be applied on the basis of religion nor can it be implemented on the basis of religion. No one can be excluded just on the basis that he follows a particular religion.

Q: By conducting NRC, will we be asked to present proof of us being Indian?

A: First of all, it is important to know that at the national level, no announcement has been made to begin NRC process. If it is implemented, it does not mean that anyone will be asked for proof of being Indian. NRC is merely a normal process to register your name in the Citizens' Register. Just like we present our identity cards or any other document for registering our names in the voter list or getting an Aadhaar card made, similar documents shall need to be provided for NRC, as and when it is carried out.

Q: How is citizenship decided? Will it be in the hands of government?

A: Citizenship of any person is decided on the basis of The Citizenship Rules, 2009. These rules are based on the Citizenship Act, 1955. This rule is publicly in front of everyone. These are five ways for any person to become a citizen of India:
- Citizenship by Birth,
- Citizenship by descent
- Citizenship by registration
- Citizenship by naturalization
- Citizenship by incorporation

Q: Will I have to provide details of birth of parents etc. to prove my Indian citizenship?

A: It would be sufficient for you to provide the details of your birth such as date of birth, month, year and place of birth. If you do not have the details of your birth, then you will have to provide the same details about your parents. But there is absolutely no compulsion to submit any documents of parents. Citizenship can be proved by submitting any documents related to date of birth and place of birth. However, a decision is yet to be taken on such acceptable documents. This is likely to include voter cards, passports, Aadhaar, licenses, insurance papers, birth certificates, school leaving certificates, documents relating to land or home or other similar documents issued by government officials. The list is likely to include more documents so that no Indian citizen has to suffer unnecessarily.

Q: Do I have to prove ancestry dating back before 1971?

A: No. For pre-1971 genealogy, you do not have to submit any type of identity card or any documents like birth certificate of parents / ancestors. It was valid only for the Assam NRC, based on the 'Assam Accord' and the directive of the Honorable Supreme Court. For the rest of the country, the NRC process is completely different and under The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

Q: If it is so easy to prove identity, then how were 19 lakh (19,000) people in Assam affected due to NRC?

A: Infiltration is an old problem in Assam. To curb it, there was a movement and in 1985, the then Rajiv Gandhi government, to identify the intruders, had to enter into an agreement to prepare NRC, assuming the cut-off date of 25 March 1971.

Q: During NRC, will we be asked to present old documents, which are difficult to collect?

A: There is nothing like that. Common documents will only be required to prove identity. When the NRC is announced at the national level, then rules and instructions will be made for it in such a way that no one will face any trouble. The government has no intention of harassing its citizens or putting them in trouble!

Q: What if a person is illiterate and does not have relevant documents?

A: In this case, the authorities will allow that person to bring a witness. Also, other evidence and community verification etc. will also be allowed. A proper procedure will be followed. No Indian citizen will be put in undue trouble.

Q: There are a large number of people in India who do not have homes, are poor and are not educated and they do not even have any basis of identity. What will happen to such people?

A: This is not entirely correct. Such people vote on some basis and they also get the benefit of the welfare schemes of the government. Their identity will be established on the basis of that.

Q: Does NRC exclude anyone for being transgender, atheist, Adivasis, Dalits, women and landless without / without documents?

A: No. NRC, as and when carried out does not affect any of the mentioned above.

India clarifies questions
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India clarifies questions

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