Palash Speaks

Why should we have an Identity Card after sixty years, asks Marxist Dalit Minister Anil Sarkar
Palash Biswas

Contact: Palash C Biswas, C/O Mrs Arati Roy, Gosto Kanan, Sodepur, Kolkata- 700110, India. Phone: 91-033-25659551
Email: alashbiswaskl@gmail.com">palashbiswaskl@gmail.com
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My marxist friends have not any significant stamina to face criticism. Thus, the Communist party of india Marxist once led by personalities like Pramod Dasgupta, Jyoti Basu and Anil Biswas, is dictated Very Well by Ananda Bazar Group of media which even today criticises the Ideology and the Party, but supports blindly Capitalist Marxist chief Minister of West Bengal. We all know how this Brahminical group was dead against Food Movement, Tebhaga, Left front and marxism, Land reforms and rural development. But the declared foes of the marxists, the capitalists, the corporates, the MNCs, the Promoters, the Builders, the musclemen, the rightists and even the likes of Lalkrishna Adwani and Henry Kissinger and Salem of Indionesia have become the most benevolent friends. Media has been befriended. Media Houses have got excellent locations in new Kolkata and previleged journalists and editors have got every possible favour from State Power. Thus, the ruling Hegemony has become habitual to depend on Money, Mafia and Muscle Power! Thsoe who were friends all these days right from fifties, have become the Enemies of people. We all know the cases of legendary somnath Hore and the poet, Subhash Mukhopadhaya. Recently, after Nandiram and singur Insurrections, entire Kolkata Intelligentsia, led by Mahashweta Devi have turned foes. The Civil Society , the most powerful elite lobby of the Bengal marxist ruling Hegemony, also turned hostile!

Today kolkata and India witnessed Live coverage of Brutal gestapo attacks on Media in Burrabazar! In these circumstances, we have very rare opportunity to interact with any marxist leaders in this part of the colonial hegemony World.Frinds in the Party and administration avoid us for justified reasons. but our beloved friend, the Poet, a Dalit Marxist minister from Untouchable tripura satnds a real Exceptions in these transitional days. Last night Poet anil sarkar called me from Agartala.Since it was very late , Idecided to hold the information. Sarkar is a disciplined Party Official. He always talks agressive beyond party line unlike the Marxist leaders from West Bengal and Kerala. he had been criticised for writing Poetry in priase of Dalit Queen Mayawati. but Anil sarkar never knows to change his stance either in Literature or in Politics.

Tripura goes ahead with imminent Assembelly elections. anil sarkar is Sure that the ruling Left Front wil romp home once agin with thumping majority! We discussed a lot on Tripura and North East. He has been the architect of CPIM`s dalit agenda in Hyderabad conference along with West bengal CPIM secretary Biman Bose! He is also involved with dalit mobilisation nationwide. he played key role to organise dalit Bengali refugee Convention In new delhi last year and subsiding the Mulnivasi bamcef impact on dalit Bengali refugee politics antionwide. Brinda Karat is working hard in Bengali Refugee bases outside Bengal. But Anil sarkar is the key men. So much so that almost all the particpants in National convention on Citizen amendment Bill organised in nagpur, Maharshtra by Mulnivasi Bamcef, joined the CPIM Camp! That is the ways of subvertion and while Mulnivasi bamcef reserved a whole session on the Citizenship Amendment act, Deportation drive and dalit bengali Refugees int its Patna national conference in decmber last most of the bengali dalit refugee leaders skipped including those who are known to be affliated with Mulnivasi Bamcef. Since the Marxists have betrayed the Dalit Bengali refugees in particular and generally the Global Indigenous People with its Capitalist Marxist Neo Liberal Manusmriti agenda of Ruling Brahminical Hegemony, we are disillusioned and we have realised that neither the Dalit Bengali refugees nor any copmposition or part of the enslaved majority indigenous people including SC, ST, OBC, Minorites and Nationalities may be able to sustain themselves either in life or livelihood as the secular progressive proletarite ideologues has the top most priority for those who have Purchasing Power! Dipressed , broken, isolated, untochable,deprived and poor have no scope in the marxist banner. No way. While the Civil society is so detached on subaltern Indigenous issues, we have no alternative but to ally with sub Altern, Balck and Untouchable global anti Imperialism Resistance Forum. We discussed on these points and Anil Sarkar kept justifying the party stance very modestly while he need not!

Since the governor of Delhi declared Identity card a must, Shivsena and gujrat fascist elements are proactive against all Bengali dalit refugees, Bengal Muslims. National deportation drive and Citizenship amendment Act coinciding with this I Card Hype, though withdrawn prepares a ground for ethnic cleansing once again in every part of India! So called secular and Progressive forces muted as they were the forces behind Lal Krishna Adwani and Pranab Mukherjee to eject out the Bengali Dalit Indigenous people out of this Galaxy!

We discussed the question elaborately and anil sarkar commented:
We are living in India for Sixty Years without any Identity card! Why should we need any I card now?

Anil Sarkar has focused on dalit movement. He is leading Ambedkar Missions in North east and east india. he is behind the Dalit Co Ordination Committe in West Bengal. he leads the dalit sahitya movement. He arranges book Fairs and folk festivals. He practices Politics with cultural recipe! Last year he organised Grand Baul Mela in ADC tribal area of Tripura. He prescribes Vaishnav Love to deal with insurgency and extremism! Chaitnay Mahaprabhu, Lalan Fakeer and Folk Poet Vijay Sarkar along with ambedkar and Rabindra Nath are his cultural Icons of dalit liberation! it is quite different from the mainstream dalit and Nationality movements in India! Once again CPIM fielded this vetern Politician in a constituency like Pratap Gargh, situated in Tripura west. Anil sarkar used to hold the education and higer education portfolios and had been responsible to build the modern infrastructure of primary and Higher Education, University and Technical, engineering and medical education in Tripura. but for health reasons he is relieved from these high profile pert folios. his disciples including the Finance Minister of Badal Chowdhari, who is from belunia and hosted me there in 2001, are leading the government and the administration nowadays. But anil Sarkar happens to be the key man in election strategy of Left front in Tripura. Tripura is perhaps the only state in indian Map where indigenous tribals are outnumbered by Immigrants and refugees. Here, the ruling hegemony happens to be unlike west bengal and Kerala, the other two Marxist ruled Brahminical states: dalit OBC and Refugee hegemony. So the fire of nationality Movement in Tripura had been so intense. the world witnessed serioal genocides in tripura in eighties and ninties. Anil Sarkar holds Information and Culture, Tourism and SC welfare portfolios in the Cabinet. banking on these low profile portfolios Anil sarkar in his indigenous spectacular mannerism and folk based political rehtorics is well capable to interact on the on hand with all states and nationalities in North eats and on the other hand demolish Extrism in Tripura. Thus, the chief Minister manik sarkar is unable to get an alternative of Anil Sarkar who has been successful to use language, dilects, folk, music, dance,literature , dalit movement, Ambedkar, tagore, mayawati, refugees and nationalities as political tools in favour of the ruling Left front! On makar sankranti, he has organised a grand fol Festival in his constituency. He chose Charulbachhai as the location of the folk festival. thsi Charubachhai has witness ethnic cleansing of bengali dalit Refugees in Nineteees. In 1997, twenty One Bengali refugees were killed in Cahrulbachhai. Pratapgargh happens to be a part of ADC , Autonomous district Council for tribals. Bengali refugees had been evicted fro charulbachhai. Anil Sarkar reversed the trend and now Charulbachhai happens to be a strong base for CPIM in Tripura. Udaipur and belonia areas also witnessed same reverse! In fact, in last elections, Anil sarkar was successful to rope in the largest chunk of congress Vote Bank, Satsang, the organisation of Dalit disciples of Thakur Anukul Chandra!

Anil Sarkar promises to industrialise and urbanise Tripura with a different, indigenous style! According to sarkar, connectivity has been the greatest hinderance in tripura`s development. The northeast state is full of Natural resources but lacks Industries. trade and business are also sick. He said that rly link between Guahati and Agaratalla will be working next year. Chitagang Port has to be used for development of entire north East Region. He calimed that all North east states have same stance on development issues. Anil sarkar also emphasised on direct RLY link with Kolkat via Dhaka as thay have the Transit Visa alredy! He said that the North east Council is doing an excellent job!

NATIONAL FOLK DANCE FESTIVAL

A three-day National Folk Dance Festival held at Rabindra Satabarshiki Bhawan, Agartala, Tripura from June 08 – 10, 2005. It was inaugurated by His Excellency, the Governor of Tripura Shri D.N. Sahaya on June 08, 2005 by lighting lamp of the festival. In his inaugural speech, the Governor stated that tribal folk dances provided the thread of continuity between the distant past and the present and simultaneously, revealed the most primitive and the most sophisticated expression of human experience and emotion. Among the dignitaries, Shri Jitendra Chaudhury, Hon’ble Minister of Tribal Welfare and Shri. Anil Sarkar, Hon’ble Minister of ICAT, Shri D.K. Chakraborty, Commissioner & Secretary, ICAT were present. Different cultural troupes presented colourful and vibrant art forms to make the festival really colourful.

Who Benefits SC/SC Status Facilities on Whose Struggle?
http://209.85.175.104/search?q=cache:OiNVBgD0P2oJ:www.dalitnetwork.org/go%3F/dfn/blog/2006/07/+Dalit+Movement+in+North+east&hl=en&ct=clnk&cd=4&gl=in

by M. Madhu Chandra, Human Rights Activist, New Delhi

Introduction

Any Scheduled Caste or Scheduled Tribe when they get the SC/ST status reservation facilities should ask this question, “Who benefits SC/ST status facilities on whose struggle?” Many of the young SC/ST generations, when they enjoy the presidential reservation facilities for underprivileged section of Indian societies, do not realize how and whose struggles, these privileges are provided. It will be very true to our north east India community from SC/ST background.

The struggle between High caste and oppressed communities of India has reached its crucial juncture. The presidential reservation facilities preserved in Indian Constitution is most precious gift given to Indian oppressed class community. This most precious gift to protect and preserve the underprivileged communities of India has been under attack again and again by high caste minority ruler of the country.

This short write up is attempted to bring awareness among the SC/ST communities, particularly to those who have benefited SC/ST status facility yet failed to realize the importance of joint effort to safe guard of the constitutional right of the provision for Dalit communities.

Who Are Dalits And Dalit-Bahujans?

Three reasons why reintroduction of Dalit is needed at this hour: First, there is strong feeling that the North East Indian Scheduled Caste (SC) and Scheduled Tribe (ST) are different from the rest of SC/ST of the country. Secondly, there is no difference between SC/ST of North Eastern India with the rest of SC/ST communities in their definition. Thirdly, the north eastern SC/ST communities rarely know the plights of being SC/ST communities in rest of the countries.

Dalit movement has been widely known today all over India. American and European countries started to hear the plights of Dalit atrocities in India. For the first time United Nations heard the issues of Indian Dalits in 2002.

To understand clearly what the Dalit movement is all about, it will be essential to know what the word “Dalit” actually means. After knowing the definition of Dalit, we may fully understand what is happening among the SC/ST communities in Indian villages, towns, cities and forests. This will also help the SC/ST communities in north east India to understand what means to be SC/ST in India society.

Dalit is the very term that Indian SC/ST communities named themselves sometimes in 1960s when SC/ST of Maharashtra protested to leave Hinduism to get liberated from Hindus Caste system. It is derived from Sanskrit word “Dal” meaning for “Oppressed,” “Crushed,” or “Defiled.” Dalits are not included in Hindu’s four Castes – Brahmins, Kshatriyas, Vaishyas, and Shudras developed by Brahmin forces ever since Aryans invented in Indian soils in 1500 BC.

All SC/ST communities in India including the SC/ST communities in north east India are known as Dalit Communities by definition in the way how SC/ST communities are oppressed by Indian’s upper caste communities. To define it in larger term by including Others Backward Classes (OBC), whole low caste and back class communities are politically termed as Dalit-Bahujans (Bahujan means majority) which represent 85% of Indian population.

Brahmins dominated whole Indian society by placing them on top of all castes that also enjoy and control all Temple power and temple economic. The education is designed only for Brahmin societies. Kshatriyas placed in second row of Hindu caste system designated to enjoy and control over authorities and enjoy tax economic collected from whole society under the influences of Brahmins. Vaishyas placed in third caste row designated to control and enjoy trade economic and power under the influences of their superior Brahmins and Kshatriyas. Shudras placed in fourth caste row designated to serve their three superior Brahmins, Kshatriyas and Shudras. They performed lowest works such as removing the human night waste from upper caste homes. The first three castes are known as UPPER HINDU CASTE and the fourth as low caste.

Where the Dalit communities do falls within Hindu caste structure? Dalits actually does not fall within any of Hindu’s four caste system! Dalits are casteless people because they are not counted as fellow human beings. They are defiled communities. Their shadow on upper caste is considered even defiled. To eras their footsteps they were forced to tight a broom on their backs. Dalits are not to learn Sanskrit, if they happen to hear a Sanskrit phrase, theirs ears are to be poured melted tines. If they happen to remember a Sanskrit phrase, their tongues are supposed to be cut off.

People hearing the plights of being Dalits will not accept it in twenty first century but it is still happening in far and near corners of Indian societies. In 2002 five Dalits were skinned alive for skinning a death cow. It proved that a death cow is more worth than five Dalits. In 2005, fifty Dalits homes were burnt down in the presence of police forces and district authorities in Gohana 70 km away from Indian capital city – Delhi. In 2006 March, a Dalit man’s both the hands and leg amputated in Punjab by upper caste when he fought back the gang rapists of his minor daughter. The story like this never cease in daily print and electronic media. Many went unreported injustice.

What Are The SC/SC Status Benefits?

SC/ST known today as Dalit communities in India was known as “Depressed Class” and “Untouchable” by British before independent. In 1937, for first time, the British termed “Depressed Class” or “Untouchable” as Scheduled Caste and Tribe. Special consideration for their social, economical and educational uplift was considered even before the independent of India.

After Independent, in framing of Indian constitution through initiatives of Dr. Bim Rao Ambedkar gave special provision for SC/ST communities and the Presidential Order of SC/ST was listed in 1950.

Majority of SC/ST communities of North East India see SC/ST status facilities in the terms of employment and educational reservation privileges. The SC/ST (Prevention of Atrocities) Acts 1989 amended in 1995 seem to be not fully understood by SC/ST communities of north east Indian which is much beyond educational and employment provisions. Special Acts under SC/ST Prevention of Atrocities Acts 1995 has been provided to prevent atrocities against SC/ST communities anywhere of the country. The provision given to any SC/ST communities includes some of the followings:

Special provision of employment in Central and state sectors, educational provisions by seat reservation and monetary helps, SC/ST land protections, Atrocity prevention Acts and remedies to the victimized SC/ST communities such as legal punishments, compensations etc. (SC/ST Prevention of Atrocity Acts 1995 is available in concern offices)

Who Struggles For SC/ST And Who Benefits It?

Many SC/ST communities take the SC/ST Status beneficiaries for granted that it naturally came itself to be included in Indian Constitution. It is included in Indian Constitution not without somebody struggling for that. Dr. Bim Rao Ambedkar was one of many who struggle for SC/ST communities in India and many others after him. For the service Ambedkar has done for Indian SC/ST society, he could have been equally given the father of Nation as it is given to Mahatma Gandhi.

Therefore in this short write up, a question is being asked “Who benefits SC/ST status facilities provided in Indian Constitution on who have struggled?” Those who get the SC/ST status benefits must realize the need of helping those who are involved in the struggle to ensure SC/ST cause.

Differences between Being SC and ST!

Scheduled Caste communities are at the receiving end of Hindu caste system. They are considered to be part of Hindu Caste system but upper caste did not allow them to worship their gods in the same temples, they are considered defiled. They are socially, economically, educationally, politically oppressed. The freedom to choose their faith and religions is denied. The movement they convert to any other faiths and religions different from Hinduism, Sikhism and Buddhism, they are denied all the Presidential Order of SC status facilities.

But Scheduled Tribes are little bit different in the nature they are oppressed. They are mostly oppressed in the form of Education and Economic dental to them for being geographically far away in forests. ST communities are not oppressed like SC when they change their faiths and religions. They are given the SC/ST status benefits even if they convert to other religions different from Hinduism, Sikhism and Buddhism.

Scheduled Caste origins converted to other faith and religions different from Hinduism, Sikhism and Buddhism are fighting for their birth, fundamental and constitutional rights to enjoy SC status even after conversion. ST communities will need to realize that their same brothers and sisters of SC communities, who are oppressed under the same stigma of Hindu caste system, need the constitutional rights to be included in presidential order list of SC/ST 1950 even after their conversion to any of their choice.

What is the SC/ST Situation in India?

There is huge lye against SC/ST from general and upper caste communities that reservation provided to SC/ST communities has not done any good to them. It is open fact that without SC/ST status provision provided in Indian Constitution and reservation facilities, SC/ST communities could never have come up to what they are today. If the reservation facility provided to SC/ST today are denied then they will pushed back to what it was before.

The debate by Sangh Parivar (basically upper caste) on reframing of Indian constitution is the greatest challenge to all SC/ST, OBC and minorities. The content of Indian constitution has been charged an anti Hindu thus they want to change it by removing all the facilities and provision given to SC/ST and non-Hindus. The constitution of India is biggest gift to every SC/ST, OBC, Minorities and every citizen of India. It should be preserved and protected from all communal forces.

Mushrooming of Private sectors is another great challenge for SC/ST because once all the governmental sectors converted into Private Sectors, they will not be any post left for SC/ST communities because, the Private Sectors do not have the reservation system in employment. Mushrooming of Private sectors may not be able to stop from it’s ever growth. However there can be one possible hope for SC/ST that legally and politically challenges the private sectors to provide reservation for SC/ST communities, which is deadly protested by Private Sector owners.

Conclusion

Although SC/ST communities do not realize who struggled for very benefits of SC/ST, there is a group of people like Dr. Bim Rao Ambedkar and his followers who still struggle to ensure SC/ST status benefits. Educated and empowered SC/ST often forgets their SC/ST brothers and sisters who are still in the need of help for their total liberation from caste oppression.

SC/ST status beneficiaries must be guarded even after mushrooming of private sector. It is high call from SC communities to ST communities to stand united especially constitutional denial of SC status facilities when they are converted to other faiths and religions different from Hinduism, Sikhism and Buddhism.

THE CITIZENSHIP (AMENDMENT) BILL, 2003

BILL

further to amend the Citizenship Act, 1955.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Citizenship (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and

any reference in any such provision to the commencement of this Act shall be construed as

Short title and

commencement.

Bill No. XXXIX of 2003

'(b) "illegal migrant" means a foreigner who has entered into India—

(i) without a valid passport or other travel documents and such

other document or authority as may be prescribed by or under any law in

that behalf; or

(ii) with a valid passport or other travel documents and such other

document or authority as may be prescribed by or under any law in that

behalf but remains therein beyond the permitted period of time;';

(ii) after clause (e), the following clause shall be inserted, namely:—

'(ee) "overseas citizen of India" means a person of Indian origin being a

citizen of a specified country, or an Indian citizen, who is registered as an overseas

citizen of India by the Central Government under sub-section (1) of section 7A;';

(iii) after clause (g), the following clause shall be inserted, namely:—

'(gg) "specified country" means a country specified in the Fourth

Schedule;'.

3. For section 3 of the principal Act, the following section shall be substituted, namely:—

"3. (1) Except as provided in sub-section (2), every person born in India—

(a) on or after the 26th day of January, 1950, but before the 1st day of July,

1987;

(b) on or after the 1st day of July, 1987, but before the commencement of

the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen

of India at the time of his birth;

2003, where—

(i) both of his parents are citizens of India; or

(ii) one of whose parents is a citizen of India and the other is not an

illegal migrant at the time of his birth,

shall be a citizen of India by birth.

(2) A person shall not be a citizen of India by virtue of this section if at the time

of his birth—

(a) either his father or mother possesses such immunity from suits and

legal process as is accorded to an envoy of a foreign sovereign power accredited

to the President of India and he or she, as the case may be, is not a citizen of

India; or

(b) his father or mother is an enemy alien and the birth occurs in a place

then under occupation by the enemy.".

4. In section 4 of the principal Act, for sub-section (1), the following sub-sections

shall be substituted, namely:—

"(1) A person born outside India shall be a citizen of India by descent,—

Substitution

of new section

for section 3.

Citizenship by

birth.

Amendment

of section 4.

Provided that if the father of a person referred to in clause (a) was a citizen

of India by descent only, that person shall not be a citizen of India by virtue of

this section unless—

(a) his birth is registered at an Indian consulate within one year of its

occurrence or the commencement of this Act, whichever is later, or, with

the permission of the Central Government, after the expiry of the said

period; or

(b) his father is, at the time of his birth, in service under a Government

in India:

Provided further that if either of the parents of a person referred to in

clause (b) was a citizen of India by descent only, that person shall not be

a citizen of India by virtue of this section, unless—

(a) his birth is registered at an Indian consulate within one

year of its occurrence or on or after the 10th day of December, 1992,

whichever is later, or, with the permission of the Central Government,

after the expiry of the said period; or

(b) either of his parents is, at the time of his birth, in service

under a Government in India:

Provided also that on or after the commencement of the

Citizenship (Amendment) Act, 2003, a person shall not be a citizen

of India by virtue of this section, unless his birth is registered at an

Indian consulate in such form and in such manner, as may be

prescribed,—

(i) within one year of its occurrence or the

commencement of the Citizenship (Amendment) Act, 2003,

whichever is later; or

(ii) with the permission of the Central Government, after

the expiry of the said period:

Provided also that no such birth shall be registered

unless the parents of such person declare, in such form and in

such manner as may be prescribed, that the minor does not

hold the passport of another country.

(1A) A minor who is a citizen of India by virtue of this section shall not cease to

be a citizen of India if within six months of attaining full age he makes an application for

registration as on overseas citizen of India under this Act and until such application is

disposed of by the Central Government.".

5. In section 5 of the principal Act,—

(a) for sub-section (1), the following shall be substituted, namely:—

"(1) Subject to the provisions of this section and such other conditions

and restrictions as may be prescribed, the Central Government may, on application

made in this behalf, register as a citizen of India any person not being an illegal

migrant who is not already such citizen by virtue of the Constitution or of any

other provision of this Act if he belongs to any of the following categories,

Amendment

of section 5.

resident in India for seven years before making an application for

registration;

(d) minor children of persons who are citizens of India;

(e) a person of full age and capacity whose parents are registered as

citizens of India under clause (a) of this sub-section or sub-section (1) of

section 6;

(f) a person of full age and capacity who, or either of his parents,

was earlier citizen of independent India, and has been residing in India for

one year immediately before making an application for registration;

(g) a person of full age and capacity who has been registered as an

overseas citizen of India for five years, and who has been residing in India

for two years before making an application for registration.

Explanation 1.—For the purposes of clauses (a) and (c), an applicant shall be

deemed to be ordinarily resident in India if—

(i) he has resided in India throughout the period of twelve months

immediately before making an application for registration; and

(ii) he has resided in India during the eight years immediately preceding

the said period of twelve months for a period of not less than six years.

Explanation 2.—For the purposes of this sub-section, a person shall be deemed

to be of Indian origin if he, or either of his parents, was born in undivided India or in

such other territory which became part of India after the 15th day of August, 1947.";

(b) after sub-section (5), the following sub-section shall be inserted, namely:—

"(6) If the Central Government is satisfied that circumstances exist which

render it necessary to grant exemption from the residential requirement under

clause (c) of sub-section (1) to any person or a class of persons, it may, for

reasons to be recorded in writing, grant such exemption.".

6. In section 6 of the principal Act, in sub-section (1), for the words "who is not a

citizen of a country specified in the First Schedule", the words "not being an illegal migrant"

shall be substituted.

7. After section 7 of the principal Act, the following heading and sections shall be

inserted, namely:-

‘OVERSEAS CITIZENSHIP

7A. (1) The Central Government may, subject to such conditions and restrictions

including the condition of reciprocity as may be prescribed, on an application made in

this behalf, register any person as an overseas citizen of India if—

(a) that person is of Indian origin of full age and capacity who is a citizen

of a specified country; or

(b) that person is of full age and capacity who has obtained the citizenship

of a specified country on or after the commencement of the Citizenship

(Amendment) Act, 2003 and who was a citizen of India immediately before and

such commencment; or

Amendment

of section 6.

Insertion of

heading and

new sections

7A, 7B, 7C

and 7D.

Registration

of overseas

citizens.

(3) No person who has been deprived of his Indian citizenship under this Act

shall be registered as an overseas citizen of India under sub-section (1) except by an

order of the Central Government.

Explanation.—For the purposes of this section and sections 7B, 7C and 7D, the

expression "person of Indian origin" shall mean a citizen of another country who,—

(i) was eligible to become a citizen of India at the time of the commencement

of the Constitution;

(ii) belonged to a territory that became part of India after the 15th day of

August, 1947; and

(iii) the children and grand-children of a person covered under clauses (i)

and (ii), but does not include a person who is or had been at any time a citizen of

Pakistan, Bangladesh or such other country as the Central Government may, by

notification in the Official Gazette, specify.

7B. (1) Notwithstanding anything contained in any other law for the time being

in force, an overseas citizen of India shall be entitled to such rights [other than the

rights specified under sub-section (2)] as the Central Government may, by notification

in the Official Gazette, specify in this behalf.

(2) An overseas citizen of India shall not be entitled to the rights conferred on a

citizen of India—

(a) under article 16 of the Constitution with regard to equality of

opportunity in matters of public employment;

(b) under article 58 of the Constitution for election as President;

(d) under article 124 of the Constitution for appointment as a Judge of the

Supreme Court;

(e) under article 217 of the Constitution for appointment as a Judge of the

High Court;

(f) under section 16 of the Representation of the People Act, 1950 in regard

to registration as a voter;

(g) under sections 3 and 4 of the Representation of the People Act, 1951

with regard to the eligibility for being a member of the House of the People or of

the Council of States, as the case may be;

(h) under sections 5, 5A and 6 of the Representation of the People Act,

1951 with regard to the eligibility for being a member of the Legislative Assembly

or a Legislative Council, as the case may be, of a State;

(i) for appointment to public services and posts in connection with the

affairs of the Union or of any State except for appointment in such services and

posts as the Central Government may by special order in that behalf specify.

(3) Every notification issued under sub-section (1) shall be laid before each

House of Parliament.

Conferment

of rights on

overseas

citizens of

India.

43 of 1950.

43 of 1951.

7D. The Central Government may, by order, cancel the registration granted under

sub-section (1) of section 7A if it is satisfied that—

(a) the registration as an overseas citizen of India was obtained by means

of fraud, false representation or the concealment of any material fact; or

(b) the overseas citizen of India has shown himself by any act or speech to

be disloyal or disaffected towards the Constitution of India as by law established;

engaged, unlawfully traded or communicated with an enemy or been engaged in,

or associated with, any business or commercial activity that was to his knowledge

carried on in such manner as to assist an enemy in that war; or

(d) the overseas citizen of India has, within five years after registration

under sub-section (1) of section 7A has been sentenced to imprisonment for a

term of not less than two years; or

(e) it is necessary so to do in the interest of the sovereignty and integrity

of India, the security of India, friendly relations of India with any foreign country,

or in the interests of the general public.'.

8. In section 8 of the principal Act,—

(a) in sub-section (1), the words "who is also a citizen or national of another

country" shall be omitted;

(b) in the proviso to sub-section (2), after the word "declaration", the words "in

the prescribed form and manner" shall be inserted;

9. In section 9 of the principal Act,—

(a) in sub-section (1), after the proviso, the following proviso shall be inserted,

namely:—

"Provided further that after the commencement of the Citizenship

(Amendment) Act, 2003, any citizen of India who voluntarily acquires the

citizenship of a specified country shall not cease to be a citizen of India, if within

six months thereof he makes an application for registration as an overseas citizen

of India under sub-section (1) of section 7A, until such application is disposed

of by the Central Government.";

(b) in sub-section (2) for the word "person", the words "citizen of India" shall be

substituted.

10. Sections 11 and 12 of the principal Act shall be omitted.

11. In section 14 of the principal Act, for the words and figures "sections 5 and 6", the

words, figures and letter "sections 5, 6 and 7A" shall be substituted.

12. After section 14 of the principal Act, the following section shall be inserted,

namely:—

Cancellation

of registration

as overseas

citizen of

India.

Amendment

of section 8.

Amendment

of section 9.

Omission of

sections 11

and 12.

Amendment

of section 14.

Insertion of

new section

14A.

13. After section 15 of the principal Act, the following section shall be inserted,

namely:-

"15A. (1) Any person aggrieved by an order made by the Central Government,

may within thirty days from the date of such order, make an application for review of

such order:

Provided that the Central Government may entertain application after the expiry

of the said period of thirty days, if it is satisfied that the applicant was prevented by

sufficient cause from making the application in time.

(2) On receipt of an application under sub-section (1), the Central Government

shall, make such order as it deems fit, and the decision of the Central Government on

such review shall be final.".

14. In section 17 of the principal Act,—

(a) for the words "six months", the words "five years" shall be substituted;

(b) for the words "with fine", the words "with fine which may extend to fifty

thousand rupees" shall be substituted.

15. In section 18 of the principal Act,—

(i) in sub-section (2),—

(a) after clause (a), the following clause shall be inserted, namely:—

"(aa) the form and manner in which a declaration under sub-section

(1) of section 4 shall be made;";

(b) after clause (i), the following clause shall be inserted, namely:—

"(ia) the procedure to be followed in compulsory enrolment of a

citizen of India, the form and manner for making applications, the documents

and other evidence by which such application shall be accompanied and

the fees payable in respect of such application, the form of national citizenship

identity card and other details, under sub-section (2) of section 14A;";

(ii) in sub-section (3), the following proviso shall be inserted, namely:—

"Provided that any rule made in respect of a matter specified in clause (ia)

of sub-section (2) may provide that a breach thereof shall be punishable with

imprisonment for a term which may extend to three months, or with fine which

may extend to five thousand rupees, or with both.".

16. The First Schedule to the principal Act shall be omitted.

17. For the Second Schedule to the principal Act, the following Schedule shall be

substituted, namely:—

"THE SECOND SCHEDULE

[See sections 5(2), 6(2) and 7A(2)]

OATH OF ALLEGIANCE

Insertion of

new section

15A.

Review.

Amendment

of section 17.

Amendment

of section 18.

Omission of

First

Schedule.

Substitution

of Second

Schedule by a

new

Schedule.

to the Constitution of India as by law established, and that I will faithfully observe the laws

of India and fulfil my duties as an overseas citizen of India.".

18. In the Third Schedule to the principal Act,—

(a) in the opening portion, the words "who is not a citizen of a country specified

in the First Schedule" shall be omitted;

(b) in clause (b), for the words "he has renounced the citizenship of that country

in accordance with the law therein in force in that behalf and has notified such

renunciation to the Central Government", the words "he undertakes to renounce the

citizenship of that country in the event of his application for Indian citizenship being

accepted" shall be substituted;

(i) for the words "twelve years", the words "fourteen years" shall be

substituted;

(ii) for the words "nine years", the words "eleven years" shall be

substituted;

(d) in the proviso, in clause (ii), for the words "thirteen years", the words "fifteen

years" shall be substituted.

19. After the Third Schedule to the principal Act, the following Schedule shall be

inserted, namely:—

"THE FOURTH SCHEDULE

[See section 2(1)(gg)]

1. Australia.

2. Canada.

3. Finland.

4. Ireland.

5. Italy.

6. Netherlands.

7. United Kingdom.

8. United States of America.".

Amendment

of Third

Schedule.

Insertion of

new Fourth

Schedule.

STATEMENT OF OBJECTS AND REASONS

The Citizenship Act, 1955 which provides for the acquisition of citizenship, after the

commencement of the Constitution by birth, descent, registration, naturalisation and incorporation

of territory under certain circumstances, and also provides for the termination

and deprivation of citizenship, was among those 109 Central Acts identified for a review by

the Commission on Review of Administrative Laws constituted by the Central Government

under the Chairmanship of Shri P.C. Jain in 1998. Subsequently, the High Level Committee

on Indian Diaspora constituted by the Central Government, inter alia, recommended the

amendment of this Act to provide for the grant of dual citizenship to persons of Indian

origin belonging to certain specified countries. The Central Government has accordingly

decided to make provisions for the grant of dual citizenship and has taken the opportunity

of introducing a scheme for the compulsory registration of every citizen of India, and for

this purpose to issue national identity cards.

2. The above objects are proposed to be achieved, inter alia, by amending provisions

of the Citizenship Act so as to—

(i) make acquisition of Indian citizenship by registration and naturalisation

more stringent;

(ii) prevent illegal migrants from becoming eligible for Indian citizenship;

(iii) simplify the procedure to facilitate the re-acquisition of Indian citizenship

by persons of full age who are children of Indian citizens, and former citizens of

independent India;

(iv) provide for the grant of overseas citizenship of India to persons of Indian

origin belonging to specified countries, and Indian citizens who choose to acquire

the citizenship of any of these countries at a later date;

(v) provide for the compulsory registration and issue of a national identity card

to all citizens of India;

(vi) enhance the penalty for violation of its provisions, as well as the rules

framed under it; and

(vii) to omit all provisions recognizing, or relating to the Commonwealth citizenship

from the Act.

3. The Bill seeks to achieve the above objects.

NEW DELHI; L. K. ADVANI.

The 7th May, 2003.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill seeks to amend section 4 of the Citizenship Act, 1955(hereafter

referred to as the Act) relating to citizenship by descent. The said amendment, inter alia,

empowers the Central Government to lay down, by rules, the form and manner in which

registration of birth at an Indian consulate shall be made and the form and manner of

declaration by parents for registration of births of children at such consulates.

2. Clause 5 seeks to amend section 5 of the Act relating to citizenship by registration.

The proposed sub-section (1) of section 5 empowers the Central Government to make rules

laying down the conditions and restrictions to register as a citizen of India any person who

is not an illegal migrant.

3. Clause 7 of the Bill seeks to insert new sections 7A, 7B, 7C and 7D in the Act

relating to overseas citizenship of India. Sub-section (1) of proposed new section 7A empowers

the Central Government to prescribe, by rules, the conditions and restrictions for

making application by certain categories of persons for registration as "overseas citizen of

India".

4. Proposed new section 7C empowers the Central Government to make rules relating

to the manner of declaration of renouncing overseas citizenship of India.

5. Clause 8 of the Bill seeks to amend section 8 of the Act relating to renunciation of

citizenship, inter alia, to empower the Central Government to lay down by rules, the form

and manner of making declarations by children on attaining full age for resumption of

Indian citizenship.

6. Clause 12 of the Bill seeks to insert a new section 14A in the Act relating to issue

of national identity cards to all citizens of India. Under new section 14A the Central

Government may make rules to lay down the procedure for compulsory registration of

citizens of India, the form and manner in which such applications may be made and the

documents, other particulars and fee which may accompany such applications.

7. The matters in respect of which rules may be made under the aforesaid provisions

are generally matters of procedure or administrative details and it is not possible to provide

for them in the Bill itself. The delegation of legislative power is, therefore, of a normal

character.

( 57 OF 1955)

* * * * *

2. (1) In this Act, unless the context otherwise requires,—

(a) "a Government in India" means the Central Government or a State Government;

(b) "citizen" in relation to a country specified in the First Schedule, means a

person who under the citizenship or nationality law for the time being in force in

that country, is a citizen or national of that country;

Schedule, means an enactment of the legislature of that country which at the

request of the Government of that country, the Central Government may, by notification

in the Official Gazette, have declared to be an enactment making provision

for the citizenship or nationality of that country:

Provided that no such notification shall be issued in relation to the Union of

South Africa except with the previous approval of both Houses of Parliament;

(d) "Indian consulate" means the office of any consular officer of the Government

of India where a register of births is kept, or where there is no such office,

such office as may be prescribed;

(e) "minor" means a person who has not attained the age of eighteen years;

(f) "person" does not include any company or association or body of individuals,

whether incorporated or not;

(g ) "prescribed" means prescribed by rules made under this Act;

(h) "undivided India" means India as defined in the Government of India Act,

1935 as originally enacted.

* * * * *

ACQUSITION OF CITIZENSHIP

3. (1) except as provided in sub-section (2), every person born in India, -

(a) on or after the 26th day of January, 1950, but before the commencement of

the Citizenship (Amendment) Act, 1986;

(b) on or after such commencement and either of whose parents is a citizen of

India at the time of his birth;

shall be a citizen of India by birth.

(2) A person shall not be such a citizen by virtue of this section if at the time of his

birth –

Interpretation.

Citizenship by

birth.

4. (1) A person born outside India,—

(a) on or after the 26th January, 1950 but before the commencement of the

Citizenship (Amendment) Act, 1992, shall be a citizen of India by descent if his

father is a citizen of India at the time of his birth; or

(b) on or after such commencement, shall be a citizen of India by descent if

either of his parents is a citizen of India at the time of his birth:

Provided that if the father of such a person referred to in clause (a) was a citizen

of India by descent only, that person shall not be a citizen of India by virtue of

this section unless—

(a) his birth is registered at an Indian consulate within one year of its

occurrence or the commencement of this Act, whichever is later, or, with the

permission of the Central Government, after the expiry of the said period; or

(b) his father is, at the time of his birth, in service under a Government in

India:

Provided further that if either of the parents of such a person referred to in

clause (b) was a citizen of India by descent only, that person shall not be a citizen

of India by virtue of this section unless –

(a) his birth is registered at an Indian consulate within one year of its

occurrence or the commencement of the Citizenship (Amendment) Act, 1992,

whichever is later, or with the permission of the Central Government, after the

expiry of the said period; or

(b) either of his parents is, at the time of his birth, in service under a Government

in India.

5. (1) Subject to the provisions of this section and such condition and restrictions

as may be prescribed, the prescribed authority may, on application made in this behalf,

Constitution or by virtue of any of the other provisions of this Act and belongs to any

of the following categories:—

(a) persons of Indian origin who are ordinarily resident in India and have

been resident for five years immediately before making an application for registration;

(b) persons of Indian origin who are ordinarily resident in any country or place

outside undivided India;

resident in India and have been so resident for five years immediately before

making an application for registration;

(d) minor children of persons who are citizens of India; and

(e) persons of full age and capacity who are citizens of a country specified in

the First Schedule:

Provided that in prescribing the conditions and restrictions subject to which

39 of 1992.

Citizenship by

descent.

Citizenship by

registration.

* * * * *

6. (1) Where an application is made in the prescribed manner by any person of full

age and capacity who is not a citizen of a country specified in the First Schedule for the

grant of a certificate of naturalisation to him, the Central Government may, if satisfied

that the applicant is qualified for naturalisation under the provisions of the Third

Schedule, grant to him a certificate of naturalisation:

Provided that, if in the opinion of the Central Government, the applicant is a person

who has rendered distinguished service to the cause of science, philosophy, art, literature,

world peace or human progress generally, it may waive all or any of the conditions

specified in the Third Schedule.

* * * * *

TERMINATION OF CITIZENSHIP

8. (1) If any citizen of India of full age and capacity, who is also a citizen or national

of another country, makes in the prescribed manner a declaration renouncing his Indian

citizenship the declaration shall be registered by the prescribed authority; and, upon

such registration, that person shall cease to be a citizen of India:

Provided that if any such declaration is made during any war in which India may be

engaged, registration thereof shall be withheld until the Central Government otherwise

directs.

(2) Where a person ceases to be a citizen of India under sub-section (1) every minor

child of that person shall thereupon cease to be a citizen of India:

Provided that any such child may, within one year after attaining full age, make a

declaration that he wishes to resume Indian citizenship and shall thereupon again

become a citizen of India.

(3) For the purposes of this section, any woman who is, or has been, married shall

be deemed to be of full age.

9. (1) Any citizen of India who by naturalisation, registration or otherwise voluntarily

acquires, or has at any time between the 26th January, 1950 and the commencement

of this Act voluntarily acquired, the citizenship of another country shall, upon such

acquisition or, as the case may be, such commencement, cease to be a citizen of India:

Provided that nothing in this sub-section shall apply to a citizen of India who,

during any war in which India may be engaged, voluntarily acquires the citizenship of

another country, until the Central Government otherwise directs.

(2) If any question arises as to whether, when or how any person has acquired the

citizenship of another country, it shall be determined by such authority, in such manner,

and having regard to such rules of evidence, as may be prescribed in this behalf.

* * * * *

Citizenship by

naturalisation.

Renunciation

of citizenship.

Termination

of citizenship.

(2) Any order made under sub-section (1) shall have effect notwithstanding anything

inconsistent therewith contained in any law other than the Constitution of India

or this Act.

* * * * *

14. (1) The prescribed authority or the Central Government may in its discretion,

grant or refuse an application under section 5 or section 6 and shall not be required to

assign reasons for such grant or refusal.

(2) Subject to the provisions of section 15 the decision of the prescribed

authority or the Central Government on any such application as aforesaid shall be

final and shall not be called in question in any court.

* * * * *

17. Any person who, for the purpose of procuring anything to be done or not to be

done under this Act, knowingly makes any representation which is false in a material

particular shall be punishable with imprisonment for a term which may extend to six

months, or with fine, or with both.

18. (1)* * * * *

(2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for: —

* * * * *

(3) In making any rule under this section, the Central Government may provide that

breach thereof shall be punishable with fine which may extend to one thousand rupees.

— — — —

citizen on

citizens of

certain

countries.

Disposal of

application

under sections

5 and 6.

Offences.

Power to make

rules.

A. The following Commonwealth countries:—

1. United Kingdom.

2. Canada.

3. Commonwealth of Australia.

4. New Zealand.

5. Union of South Africa.

6. Pakistan.

7. Ceylon.

8. Federation of Rhodesia and Nayasaland.

9. Ghana.

10. Federation of Malaya.

11. Singapore.

B. The Republic of Ireland.

Explanation:— In this Schedule, ‘‘United Kingdom’’ means the United Kingdom of

Great Britain and Northern Ireland, and includes the Channel Islands, the Isle of man and all

Colonies; and ‘‘Commonwealth of Australia’’ includes the territories of Papua and the territory

of Norfolk Island.

— — — —

OATH OF ALLEGIANCE

I, A/B ......................... do solemnly affirm (or swear) that I will bear true faith and allegiance

to the Constitution of India as by law established, and that I will faithfully observe the laws

of India and fulfil my duties as a citizen of India.

QUALIFICATIONS FOR NATURALISATION

The qualifications for naturalisation of a person who is not a citizen of a country specified

in the First Schedule are—

(a) that he is not a subject or citizen of any country where citizens of India are prevented

by law or practice of that country from becoming subjects or citizens of that country by

naturalisation;

(b) that if he is a citizen of any country, he has renounced the citizenship of that country

in accordance with the law therein in force in that behalf and has notified such renunciation

to the Central Government;

partly the one and partly the other, throughout the period of twelve months immediately

preceding the date of the application;

(d) that during the twelve years immediately preceding the said period of twelve months,

he has either resided in India or been in the service of a Government in India, or partly the one

and partly the other, for periods amounting in the aggregate to not less than nine years;

(e) that he is of a good character;

(f) that he has an adequate knowledge of a language specified in the Eighth Schedule to

the Constitution; and

(g) that in the event of a certificate of naturalisation being granted to him, he intends to

reside in India, or to enter into or continue in, service under a Government in India or under

an international organization of which India is a member or under a society, company or body

of persons established in India:

Provided that the Central Government may, if in the special circumstances of any particular

case it thinks fit,—

(i) allow a continuous period of twelve months ending not more than six months before

the date of the application to be reckoned, for the purposes of clause (c) above, as it had

immediately preceded that date;

(ii) allow periods of residence or service earlier than thirteen years before the date of the

application to be reckoned in computing the aggregate mentioned in clause (d) above.

— — — —

BILL

further to amend the Citizenship Act, 1955

— — — —

Para 7 of THE CITIZENSHIP (AMENDMENT) ACT, 2003

‘OVERSEAS CITIZENSHIP
7A. (1) The Central Government may, subject to such conditions and restrictions including the condition of reciprocity as may be prescribed, on an application made in this behalf, register any person as an overseas citizen of India if -

(a) that person is of Indian origin of full age and capacity who is a citizen of a specified country; or

(b) that person is of full age and capacity who has obtained the citizenship of a specified country on or after the commencement of the Citizenship (Amendment) Act, 2003 and who was a citizen of India immediately before such commencement; or

(2) The person registered as an overseas citizen of India under sub-section (l) shall be an overseas citizen of India as from the date on which he is so registered.

(3) No person who has been deprived of his Indian citizenship under this Act shall be registered as an overseas citizen of India under subsection (1) except by an Order of the Central Government.

Explanation: - For the purposes of this section and sections 7B, 7C and 7D, the expression "person of Indian origin" shall mean a citizen of another country who-

(i) was eligible to become a citizen of India at the time of the commencement of the Constitution;

(ii) belonged to a territory that became part of India after the 15th day of August, 1947; and

(iii) the children and grandchildren of a person covered under clauses (i) and

(ii), but does not include a person who is or had been at any time a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify.

7B. (1) Notwithstanding anything contained in any other law for the time being in force, an overseas citizen of India shall be entitled to such rights [other than the rights specified under subsection (2) as the Central Government may, by notification in the Official Gazette, specify in this behalf.

(2) An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India -

(a) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;

(b) under article 58 of the Constitution for election as President;

(d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;

(e) under article 217 of the Constitution for appointment as a Judge of the High Court;

(f) under section 16 of the Representation of the People Act, 1950 in regard to registration as a voter;

(g) under sections 3 and 4 of the Representation of the People Act, 1951 with regard to the eligibility for being a member of the House of the People or of the Council of States, as the case may be;

(h) under sections 5, 5A and 6 of the Representation of the People Act, 1951 with regard to the eligibility for being a member of the Legislative Assembly or a Legislative Council, as the case may be, of a State;

(i) for appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and posts as the Central Government may by special order in that behalf specify.

(3) Every notification issued under subsection (1) shall be laid before each House of Parliament.

7C. (1) If any overseas citizen of India of full age and capacity makes in the prescribed manner a declaration renouncing his overseas citizenship of India, the declaration shall be registered by the Central Government, and upon such registration. that person shall cease to be an overseas citizen of India.

(2) Where a person ceases to be an overseas citizen of India under sub-section (1), every minor child of that person registered as an overseas citizen of India, shall thereupon cease to be an overseas citizen of India.

7D. The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A if it is satisfied that-

(a) the registration as an overseas citizen of India was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) the overseas citizen of India has shown disaffection towards the Constitution of India as by law established; or

(c) the overseas citizen of India has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or

(d) the overseas citizen of India has, within five years after registration under subsection (1) of section 7A has been sentenced to imprisonment for a term of not lass than two years; or

(e) it is necessary so to do in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public.’.

Palash Speaks

Why should we have an Identity Card after sixty years, asks Marxist Dalit Minister Anil Sarkar

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