Amid CAA & NRC Protests, Want To Prove That You're An Indian Citizen? Here's How You Can Do It

Ever since the Citizenship Amendment Bill (CAB) was introduced and later passed by Parliament and the government's proposal to bring the National Register of Citizens (NRC) which was so far limited to Assam, to the entire country, there have been many rumors about who will be affected, who will be excluded, how to prove your citizenship, among others.

It all stemmed from how NRC was carried out in Assam, where there was a cutoff of 1971, because of the Bangladesh war following which meant a lot of Bangladeshis, both Muslims and non-Muslims came to India illegally.

Many of them since settled in Assam, bought land there, got married and had families, they also had all the documents including Voter's ID, Aadhaar and PAN cards. But those who failed to prove that they were in India before 1971 because either they did not have the documents or they came after that were declared illegal immigrants.

Amid all the growing protests and confusion, the government has released the five clauses under the Citizenship Act to acquire Indian citizenship.

According to the Citizenship Act, 1955, under the first clause, citizenship by birth under Article 5 of the Constitution provides that any person who was domiciled in India on January 26, 1950 or who was born in the territory of India is a citizen of India, the notification said.

Anyone "either of whose parents was born in the territory of India, or any person born in India on or after January 26, 1950, but before July 1, 1987 is a citizen of India by birth," said the government's notification.

Any person born in India between July 1, 1987 and December 3, 2004, and either of whose parents is a citizen of India is also a citizen of India by birth.

For persons born after December 3, 2004, the notification said: "Both whose parents are citizens of India or one of them isn't an illegal immigrant at the time of his birth and the other is a citizen of India shall also be a citizen of India by birth."

For the second of citizenship by descent, "a person born outside India on or after January 26, 1950, but before December 10, 1992, shall be citizen of India by descent, if his father was a citizen of India at the time of birth". The criteria for citizenship by registration states that a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration is eligible to be registered as a citizen of India. "Minor children of persons who are citizens of India are eligible to be registered as a citizen of India, and a person of full age and capacity whose parents are registered as citizens of India is eligible to be registered as a citizen of India," says the rules under citizenship by registration.

Citizenship by naturalisation provides that any person of full age and capacity on fulfilling the residency requirement of 12 years is eligible for grant of a certificate of naturalisation. Finally, the provision for citizenship by incorporation of territory says, "if any new territory becomes part of India, the government shall specify the persons who among the people of the territory shall be the citizen of India. Such persons become the citizen of India from the notified date. This happened in the case of Goa, Daman & Diu, Sikkim and many Bangladeshi enclaves which became part of India in 2014."

Earlier news agency ANI had released an FAQ from a government source about the NRC.

Q1. Is NRC a part of the CAA?

Ans: 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 Honourable Supreme Court and mandated by the Assam Accord.

Q2. Do Indian Muslims need to worry about CAA + NRC?

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

Q3. Will NRC be for people of a particular religion?

Ans: 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.

Q4. Will people be excluded in NRC on religious grounds?

Ans: 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.

Q5. By conducting NRC, will we be asked to present proofs of us being Indian?

Ans: 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 Aadhaar card made, similar documents shall need to be provided for NRC, as and when it is carried out.

Q6. How is citizenship decided? Will it be in the hands of government?

Ans: 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: I. Citizenship by Birth, II. Citizenship by descent, III. Citizenship by registration, IV. Citizenship by naturalization, V. Citizenship by incorporation *Details enclosed in the annexure

Q7. Will I have to provide details of birth of parents etc. to prove my Indian citizenship?

Ans: 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 document by the 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.

Q8. Do I have to prove ancestry dating back before 1971?

Ans: 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 Honourable 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.

Q9. If it is so easy to prove identity, then how 19 lakh people in Assam were affected due to NRC?

Ans: 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.

Q10. During NRC, will we be asked to present old documents, which are difficult to collect?

Ans: 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!

Q11. What if a person is illiterate and does not have relevant documents?

Ans: 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.

Q12. 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?

Ans: 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.

Q13. Does NRC exclude anyone for being transgender, atheist, adivasis, dalits, women and landless without / without documents?

Government Sources have released a fact sheet on frequently asked questions on the #CitizenshipAmendmentAct pic.twitter.com/GcElRZJlZS

¡ª ANI (@ANI) December 19, 2019

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

However, according to FactChecker India, the said document was not been released by the Ministry of Home Affairs.