DMs Of 31 Districts Of 9 States Can Give Citizenship To Non-Muslims From Pakistan, Bangladesh, Afghanistan

by Swarajya Staff - Nov 9, 2022 11:24 AM +05:30 IST
DMs Of 31 Districts Of 9 States Can Give Citizenship To Non-Muslims From Pakistan, Bangladesh, AfghanistanThe Indian citizenship will be granted under Citizenship Act, 1955.

The district magistrates of 31 districts and the home secretaries of nine states have been given powers to grant Indian citizenship to the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians coming to the country from Afghanistan, Bangladesh and Pakistan under the Citizenship Act, 1955.

The move to grant Indian citizenship to these minority communities of the three neighbouring countries is not under the controversial Citizenship (Amendment) Act, 2019 (CAA).

The rules under the CAA have not been framed by the government yet and hence, no one so far has been granted Indian citizenship under it.

According to the annual report of the Ministry of Home Affairs (MHA) for 2021-22, from 1 April to 31 December 2021, a total of 1,414 foreigners belonging to these minority communities of Pakistan, Bangladesh and Afghanistan were given Indian citizenship by registration or naturalisation under the Citizenship Act, 1955.

The annual report of the MHA said the Centre delegated its powers to grant Indian citizenship by registration or naturalisation in respect of foreigners belonging to the Hindu, Sikh, Jain, Buddhist, Christian or Parsi communities from Pakistan, Bangladesh and Afghanistan to the collectors of 13 more districts and the home secretaries of two more states in 2021-22.

The district magistrates of Gujarat's Anand and Mehsana were also given similar powers last month.

The nine states where Indian citizenship by registration or naturalisation is given under the Citizenship Act, 1955 to non-Muslim minorities from Pakistan, Bangladesh and Afghanistan are Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi and Maharashtra.

Interestingly, the authorities of none of the districts of Assam and West Bengal, where the issue is politically sensitive, has been given the powers so far.

The delegation of powers, the report said, will speed up the process of granting Indian citizenship to the aforesaid category of migrants as the decision would be taken at the local level.

CAA

Under the CAA, the Narendra Modi government wants to grant Indian nationality to persecuted non-Muslim migrants from Bangladesh, Pakistan and Afghanistan -- Hindus, Sikhs, Jains, Buddhists, Parsis and Christians -- who came to India till 31 December 2014.

There were massive protests in some parts of the country after the CAA was passed by Parliament in December 2019 and the subsequent presidential nod.

However, the law is yet to be implemented as rules under the CAA are yet to be framed. Rules under a law have to be framed for its implementation.

According to the Manual on Parliamentary Work, the rules for any legislation should be framed within six months of the presidential assent or an extension has to be sought from the committees on subordinate legislation in the Lok Sabha and the Rajya Sabha.

In January 2020, the Home Ministry notified that the Act would come into force from 10 January 2020, but it later requested the parliamentary committees in the Rajya Sabha and the Lok Sabha to give it some more time to frame the rules as the country was going through health crisis due to the COVID-19 pandemic.

The MHA was granted yet another extension last month by the parliamentary committees on subordinate legislation in the Rajya Sabha and the Lok Sabha to frame the rules under the CAA.

While the permission was granted by the Rajya Sabha till 31 December, 2022, the Lok Sabha granted time till 9 January 2023.

This was the seventh extension given to the MHA to frame the rules under the CAA.

(With inputs from PTI)

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