CAA: MHA releases five clauses to acquire Indian citizenship amid protests

Amid the raging anti-CAA protests across the country, the Ministry of Home Affairs issued a notification on Friday, December 20, listing down five clauses under the Citizenship Act to acquire Indian citizenship. This comes as violent protests have erupted in many parts of India against the Citizenship (Amendment) Act, 2019. Many places witnessed internet shut down because of such protests. 

First clause 

Citizenship by birth

As per the notification issued by the government, the first clause to acquire Indian citizenship is by being born in the country. 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. This is also the clause mentioned in the Citizenship Act, 1955. 

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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. Additionally, the person born in India between July 1, 1987, and December 3, 2004, or 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." 

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Other clauses 

Citizenship by descent 

The second clause states citizenship by descent. As per the notification, “a person born outside India on or after January 26, 1950, but before December 10, 1992, shall be a citizen of India by descent, if his father was a citizen of India at the time of birth.”  

Citizenship by registration 

As per this clause, the criteria states that any person who has an Indian origin can apply for permanent citizenship after living for seven years in the country. The rules under the citizenship by registration says, “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.” 

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Citizenship by naturalisation 

This is a clause where a person of full age and capacity on fulfilling the residency requirement of 12 years is eligible for grant of a certificate of naturalisation and acquiring Indian citizenship.  

Citizenship by incorporation 

The fifth and the final clause for 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." 

(With Agency Inputs)

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