Lok Sabha Question No. 34 (STARRED), answered on 2020-02-04
Subject: Citizenship for Refugees
Ministry: HOME AFFAIRS
Asked by: Kani K. Navas

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA STARRED QUESTION NO. *34

TO BE ANSWERED ON THE 4 TH  FEBRUARY, 2020/ MAGHA 15, 1941 (SAKA)

CITIZENSHIP FOR REFUGEES

*34.     SHRI K. NAVASKANI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether Muslim Refugees would be granted Indian Citizenship now onwards;

(b)  the  details  of  the  number  of  citizenship  granted  to  Muslims  and  persons  from non-Muslim communities during the last seventy years, religion-wise;

(c) the reasons for amending Citizenship Act along with the reasons for determining December  31,  2014  as  the  cut  off  date  under  the  Citizenship  (Amendment)  Act, 2019;

(d) the manner in which non-citizen Muslims are proposed to be treated;

(e) the details of documents required as proof for citizenship; and

(f) the number of Bangladeshi immigrants deported so far?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

(a) to (f) A Statement is laid on the Table of the House.

## STATEMENT IN REPLY TO LOK SABHA STARRED QUESTION NO. 34 FOR ANSWER ON 04.02.2020

(a). The present legal process of acquiring Indian citizenship by any legal migrant of any category through Naturalization (Section 6  of  the  Citizenship Act) or  through Registration (Section 5 of the Act) remains un-amended. Many migrants belonging to  majority  religion  in  the  neighboring  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.

(b). 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.

(c). 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 31/12/2014 and who have been exempted from the

## LS.S.Q.NO. 34 FOR 04.02.2020

penal provisions of the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 and the Rules/orders made thereunder by amending the Passport (Entry into India) Rules 1950  and the Foreigners Order, 1948  vide notifications dated 07.09.2015 and 18.07.2016. These notifications mention a cutoff date of 31.12.2014. The Citizenship (Amendment) Act, 2019 facilitates grant of citizenship to the same category of foreigners.

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

(e)  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.

(f).  As  reported  by  Bureau  of  Immigration,  details  of  Bangladeshi  Immigrants deported is as under: -

|   Sr. no. |   Year |   No. of persons deported |
|-----------|--------|---------------------------|
|         1 |   2016 |                       308 |
|         2 |   2017 |                        51 |
|         3 |   2018 |                       445 |

- ******

## ANNEXURE LS.S.Q.NO. 34 FOR 04.02.2020

## Year wise details of foreigners granted Indian Citizenship

| Year   | No. of foreigners granted Citizenship   |
|--------|-----------------------------------------|
| 2010   | 232                                     |
| 2011   | 435                                     |
| 2012   | 553                                     |
| 2013   | 563                                     |
| 2014   | 617                                     |
| 2015   | 606 + 14864*                            |
| 2016   | 1106                                    |
| 2017   | 817                                     |
| 2018   | 628                                     |
| 2019   | 987                                     |
| Total  | 21408                                   |