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No decision yet to prepare NRIC: Centre

By Spl Correspondent

NEW DELHI, Feb 4 - The Centre on Tuesday said that it has not taken any decision to prepare the National Register of Indian Citizens (NRIC) at the national level.

In a Lok Sabha reply, Union Minister of State for Home Nityanand Rai said that till now, the government has not taken any decision to prepare the NRIC at the national level.

Though the question was a starred one, discussion on the NRC could not take place as the Lok Sabha was adjourned.

In a separate reply to a question by Abdul Khaleque, the minister said the Citizenship (Amendment) Act, 2019 came into force on January 10, 2020. Persons covered by this Act can submit applications for grant of citizenship after appropriate rules are notified by the Central government.

No specific instruction was issued by the government regarding release of migrants from detention centres after enacting the Citizenship (Amendment) Act, 2019. However, in January 2016, the Central government advised the Assam government to examine the cases of all persons covered by various court cases filed in Gauhati High Court and to release them from detention centres if they satisfy the conditions and requirements of the two notifications issued by the Central government on September 7, 2015.

In pursuance of the order dated May 10, 2019 of the Supreme Court of India in writ petition (civil) No. 1045/2018 Supreme Court Legal Services Committee vs Union of India and another, the Government of Assam issued a notification on July 29 last year providing for conditional release of declared foreigners, who have completed more than three years in detention centres.

At this stage as sub-section (3) of section 6B of the amended Citizenship Act, 1955 provides that any proceeding pending against a person covered under section 6B of the Act in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him/her.

The minister confirmed that the government is aware about anti-CAA agitation going on in the country, including Assam.

In reply to another question, Rai said the present legal process of acquiring Indian citizenship by any legal migrant of any category through naturalisation (Section 6 of the Citizenship Act) or through registration (Section 5 of the Act) remains unamended.

Many migrants belonging to majority religion in the neighbouring countries have also been granted Indian citizenship whenever they have applied to the competent authority and have been found eligible. All legal migrants into India, irrespective of religions, shall continue to get citizenship as per the provisions of the Citizenship Act, 1955 if they fulfil the eligibility conditions.

Records of persons granted citizenship by registration or by naturalisation are maintained as per the provisions of the Citizenship Act, 1955 and rules made thereunder. These records are not maintained religion-wise. Prior to 1986, the district collectors had been exercising the power to grant citizenship under sections 5(1)(a) and 5(1)(d). Records of such persons are not available centrally. However, year-wise data of foreigners, who have been granted Indian citizenship during the last 10 years, is enclosed as annexure.

The Citizenship (Amendment) Act, 2019 aims to facilitate grant of citizenship to migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Afghanistan, Pakistan and Bangladesh who have taken shelter in India due to persecution on grounds of religion or fear of such persecution in their countries, and have entered India on or before December 31, 2014 and who have been exempted from the penal provisions of the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 and the rules made thereunder by amending the Passport (Entry into India) Rules 1950 and the Foreigners Order, 1948 vide notifications dated September 7, 2015 and July 18, 2016. These notifications mention a cut-off date of December 31, 2014. The Citizenship (Amendment) Act, 2019 facilitates grant of citizenship to the same category of foreigners.

All non-citizens are equally covered under the provisions of the Foreigners Act, 1946, the Registration of Foreigners Act, 1939, the Passport (Entry into India) Act, 1920 and the rules made thereunder. Besides as mentioned in reply to part (a), the eligible legal migrants can acquire citizenship either through naturalisation or registration.

Acquisition of Indian citizenship is governed by the criteria provided under the Citizenship Act, 1955 and rules made thereunder. Citizenship of India can be acquired by birth or descent or registration or naturalisation or incorporation of territory.

As reported by the Bureau of Immigration, 804 Bangladeshi immigrants have been deported in three years � 308 in 2016, 51 in 2017 and 445 in 2018, the minister said.

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