DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

FINAL DRAFT

ON

CITIZENSHIP AND IMMIGRATION IN INDIA: AN ANALYTICAL STUDY

SUBMITTED BY: SUBMITTED TO:

ANUBHAV VERMA DR. R.K. YADAV

ENROLLMENT NO: 150101023 FACULTY OF LAW

SECTION ‘A’ DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER 9th NATIONAL LAW UNIVERSITY

 ACKNOWLEDGEMENT

I am obliged to our assistant professor DR. R.K. YADAV , who has given me golden chance for
this research project. I would also like to thank the almighty and my parents for their moral
support and my friends who are always there to extend the helping hand whenever and wherever
required.

I further extend my thanks to library staff of DR. RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY who helped me in getting all the materials necessary for the
project.

ANUBHAV VERMA

ENROLLMENT NO: 150101023

CHAPTERISATION:
1. Citizen - Meaning
2. History
3. INDIA
4. Non-Resident Indian (NRI)
5. Person of Indian Origin (PIO)
6. ACQUISITION & TERMINATION OF CITIZENSHIP
7. Renunciation of Citizenship
8. Acquisition of Citizenship of Another Country
9. Deprivation
10. CONCEPT OF DUAL CITIZENSHIP
11. STATUS OF REFUGEES IN INDIA

12. CONCLUSION
Citizen - Meaning
The Oxford Dictionary defines a citizen as:- 1. A legally recognized subject or national of a state
or commonwealth 2. An inhabitant of a town or city.
The term citizen has an urban origin. It has been derived from the Anglo-Norman word ‘citezein’
and French ‘citoyen’. This is based on the Latin civitas, meaning people united in a city or
community. The expansion and development of citizenship has been closely linked to the growth
of cities and the emergence of the nation state.
A Citizen is a member of a society, community, (originally a city or town but now usually a
country) and carries with it rights to political participation; such membership is called
citizenship.
History
Historically, many states limited citizenship to only a proportion of their population, thereby
creating a citizen class with political rights superior to other sections of the population, but equal
with each other. The classical example of a limited citizenry was Athens where slaves, women,
and resident foreigners (called metics) were excluded from political rights.
The first form of citizenship was based on the way people lived in the ancient Greek times, in
small-scale organic communities of the polis. In those days citizenship was not seen as a public
matter, separated from the private life of the individual person. The obligations of citizenship
were deeply connected into one’s everyday life in the polis. To be truly human, one had to be an
active citizen to the community, which Aristotle famously expressed: “To take no part in the
running of the community's affairs is to be either a beast or a god!” This form of citizenship was
based on obligations of citizens towards the community, rather than rights given to the citizens of
the community. Citizens of the polis saw obligations to the community as an opportunity to be
virtuous, it was a source of honour and respect. In Athens, citizens were both ruler and ruled,
important political and judicial offices were rotated and all citizens had the right to speak and
vote in the political assembly.

INDIA
In India Article 5 to 9 of the Indian Constitution determine who are Indian Citizens at the
commencement of the Constitution and Article 10 provides for their continuance as such citizens
subject to the provisions of any law that may be made by the Parliament. The main legislation
which deals with citizenship is -The Citizenship Act, 1955. Section 2(b) of the Act defines a
citizen as - "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. The First Schedule mentioned herein has been omitted by
Citizenship Amendment Act, 2003 (6 of 2004).
Besides Citizens, there are certain other categories of persons dealt by the Indian law. These are
as follows:-
Non-Resident Indian (NRI)
A Non-Resident Indian is an Indian citizen who is ordinarily residing outside India and holds an
Indian Passport.

Person of Indian Origin (PIO)

A person who, or whose any of the ancestors, was an Indian national and who is presently
holding another country’s citizenship/ nationality i.e. he/she is holding foreign passport.

Any person who at any time held an Indian Passport; or he or either of his parents or grand
parents was born in or was permanently resident in India as defined in Government of India Act,
1935 and other territories that became part of India thereafter provided neither was at any time a
citizen of Afghanistan, Bhutan, China, Nepal, Pakistan and Sri Lanka; or who is a spouse of a
citizen of India or a person of Indian origin is eligible to apply for a PIO Card. PIOs of all
countries are eligible except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri
Lanka.

A PIO Card Holder is entitled to the following benefits:-

(i) Shall not require a separate visa to visit India.
(ii) Will be exempt from the requirements of registration if his/her stay on any single visit in
India does not exceed 180 days.
(iii) In the event of continuous stay in India exceeding 180 days, he/she shall have to get
himself/herself registered within 30 days of the expiry of 180 days with the concerned
FRRO/FRO.
(iv) Parity with NRIs in respect of all facilities available to the later in the economic, financial
and educational fields except in matters relating to the acquisition of agricultural/
plantation properties. No parity shall be allowed in the sphere of political rights.

A PIO Card Holder can visit India without visa for 15 years from the date of issue of PIO card.
The PIO Card Holder is required to register with local police authorities in India when the stay in
India exceeds 180 days for the first time.

As per section 5(1) (a) & 5(1) (c) of the Citizenship Act, a PIO Card Holder has to reside in
India for minimum 7 years before making application for acquiring Indian citizenship.

Overseas Citizen of India (OCI)

A person registered as Overseas Citizen of India (OCI) under Section 7A of the Citizenship Act,
1955.

A foreign national, who was eligible to become citizen of India on 26.Jan.1950 or was a citizen
of India on or at anytime after 26.Jan.1950 or belonged to a territory that became part of India
after 15.Aug.1947 and his/her children and grand children, provided his/her country of
citizenship allows dual citizenship in some form under the local laws, is eligible for registration
as Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI.

PIOs of all countries except Pakistan and Bangladesh are eligible provided the country of
nationality allows dual citizenship in some form or other under the local laws.
An OCI is entitled to the following benefits:-

(i) A multiple entry multi-purpose life long visa for visiting India.
(ii) Exemption from registration with local police authority for any length of stay in India.
(iii) Parity with Non resident Indians (NRIs) in respect of economic, financial and educational
fields except in relation to acquisition of agricultural or plantation properties. No parity
shall be allowed in the sphere of political rights.

Any other benefits as may be notified by the Ministry of Overseas Indian Affairs (MOIA) under
Section 7B (1) of the Citizenship Act, 1955.

An OCI can visit India without visa for life long. Registered OCI may be granted Indian
citizenship after 5 years from date of registration provided he/she stays for one year in India
before making application.

ACQUISITION & TERMINATION OF CITIZENSHIP

Legal provisions relating to acquisition and termination of citizenship of India are contained in
the Citizenship Act, 1955. The Indian law confers the status of citizen in the following ways:

Citizenship by Birth (Section 3)

(i) A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of
India by birth irrespective of the nationality of his parents.
(ii) A person born in India on or after 1st July,1987 but before 3rd December, 2004 is
considered citizen of India by birth if either of his parents is a citizen of India at the time of
his birth.
(iii) A person born in India on or after 3rd December, 2004[the commencement of the
Citizenship (Amendment) Act, 2003] is considered citizen of India by birth if both the
parents are citizens of India or one of the parents is a citizen of India and the other is not an
illegal migrant at the time of his birth.

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.

An “illegal migrant” as defined in section 2(1) (b) of the Act is a foreigner who entered India
(i) without a valid passport or other prescribed travel documents : or
(ii) with a valid passport or other prescribed travel documents but remains in India beyond the
permitted period of time.
Citizenship by Descent (Section 4)

(i) A person born outside India on or after 26th January 1950 but before 10th December 1992
is a citizen of India by descent, if his father was a citizen of India by birth at the time of his
birth. In case the father was a citizen of India by descent only, that person shall not be a
citizen of India, unless his birth is registered at an Indian Consulate within one year from
the date of birth or with the permission of the Central Government, after the expiry of the said
period.
(ii) A person born outside India on or after 10th December 1992 but before 3rd December,
2004, is considered as a citizen of India if either of his parents was a citizen of India by birth
at the time of his birth. In case either of the parents was a citizen of India by descent, that
person shall not be a citizen of India, unless his birth is registered at an Indian Consulate
within one year from the date of birth or with the permission of the Central Government,
after the expiry of the said period.
(iii) A person born outside India on or after 3rd December, 2004 shall not be a citizen of India,
unless the parents declare that the minor does not hold passport of another country and
his birth is registered at an Indian consulate within one year of the date of birth or with the
permission of the Central Government, after the expiry of the said period.

Citizenship by Registration [Section 5(1)]

Indian Citizenship by registration can be acquired (not illegal migrant) by: -

(a) Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before
making application under section 5(1)(a) (throughout the period of twelve months
immediately before making application and for SIX YEARS in the aggregate in the EIGHT
YEARS preceding the twelve months).
(b) Persons of Indian origin who are ordinarily resident in any country or place outside
undivided India under section 5(1) (b).
(c) Persons who are married to a citizen of India and who are ordinarily resident in India for
SEVEN YEARS (as mentioned at (a) above) before making application under section 5(1)(c).
(d) Minor children whose both parents are Indian citizens under section 5(1)(d).
(e) Persons of full age whose both parents are registered as citizens of India under section 5(1)
(a) or section 6(1) can acquire Indian citizenship under section 5(1)(e).
(f) Persons of full age who or either of the parents were earlier citizen of Independent India and
residing in India for ONE YEAR immediately before making application under section 5(1)
(f).
(g) Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF
INDIA (OCI) for 5 years and residing in India for ONE YEAR before making application
under section 5(1) (g).

A person shall be deemed to be a Person 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.
A very famous case in this regard is Mrs. Sonia Gandhi’s Case. Three election petitions were
filed in the Allahabad High Court challenging her election on the grounds that she, being an
Italian citizen, did not satisfy the prerequisites for registration as a citizen of India. Of the three
petitions, two were filed by candidates who had lost in Amethi in 1999: Mr. Hari Shanker Jain
and MR. Hari Krishna Lal. The third petition was filed by a voter in Amethi. The Lucknow
Bench of the Allahabad High Court, held that none of the petitions disclosed any cause of action
or triable issue and thus none was maintainable.

Petitioner challenged the legality of Section 5(1) (c) of the Citizenship Act, 1955, under which
Sonia Gandhi acquired her Indian citizenship through registration. Under this provision, persons
who are, or have been married to, citizens of India and are ordinarily resident in India and have
been so resident for a period of 12 months immediately before making an application for
registration, would be eligible to apply for Indian citizenship by means of registration. (This
provision was amended in 1986 whereby the requirement regarding the length of residence was
made five years, and has now been further amended to 7 years). Based on her application under
this Section, she was issued a certificate of citizenship by the Government of India in 1983.

The Allahabad High Court dismissed the petitions in 2000 on the plea that a challenge relating to
citizenship or the constitutionality of the Citizenship Act itself could not be adjudicated upon by
the High Court in the course of considering an election petition. The High Court also held that
the citizenship certificate granted to Sonia Gandhi was final and binding, and unless it was
cancelled by the Central government the issue could not be questioned as part of an election
petition.

In appeal against the High Court verdict the Supreme Court Bench consisting of Chief Justice
A.S. Anand, Justices R.C. Lahoti and Doraiswamy Raju, rejected the High Court judgment that
an election petition could not challenge a citizenship certificate or the constitutionality of the
Citizenship Act. However, the Bench dismissed the appeals because the petitions made vague
averments about Sonia Gandhi's eligibility for Indian citizenship, and therefore, did not satisfy
the requirements of pleading material facts.

The petitions challenging Sonia Gandhi's election from Amethi had averred that she could not
have renounced the Italian citizenship and become a citizen of India when she applied for and
was issued a certificate of citizenship under Section 5(1) (c) of the Citizenship Act. However, the
petitioners did not give indications of any such clause in the Italian law on which they had based
their averments.

Sonia Gandhi’s Counsel, said that a new Italian Citizenship Act which came into force in 1992,
allows for, multiple citizenship. This was previously possible only in specific cases. Thus, before
August 1992, when an Italian citizen acquired another citizenship he/she automatically lost the
Italian citizenship. Indeed, according to the new Citizenship Act, a person can lose Italian
citizenship only by formally renouncing it, on condition that one has another citizenship. To
renounce citizenship, one must sign a formal statement at the Consulate. According to the
'Information on Citizenship', released by the Consulate General of Italy, an Italian citizen who
acquired the citizenship of another country before August 15, 1992 has, in all likelihood, lost
Italian citizenship and, unless he/she applies for re-acquisition, is to be considered by Italy as a
foreigner.

Mrs. Sonia Gandhi applied for Indian citizenship by registration in1983 by virtue of her marriage
to Mr. Rajiv Gandhi in 1968. She voluntarily renounced her Italian citizenship by surrendering
her Italian passport to the Italian Embassy in April 1983. This had been confirmed by the then
Italian Ambassador to India. Even if surrendering the passport would not legally amount to
renunciation of citizenship, Sonia Gandhi would have lost her Italian citizenship in April 1983
when she acquired Indian citizenship by registration. Item 10 of Form II (before it was revised in
2000), which is used as an application for registration as a citizen of India under Section 5(1) (c)
of the Citizenship Act, only required an undertaking from the applicant that he would
renounce the citizenship of his country in the event of his application being sanctioned, while
Item 9 of the form gave the applicant an option to state whether he had renounced or lost the
citizenship of the other country. Indeed, the form as it stands today, after revision in 2000, seems
more liberal, as it retains only Item 10 (now renumbered 11).

It was not necessary that Sonia Gandhi should have resided in India for a continuous period of 12
months before registration as a citizen of India in 1983. The Explanation to Rule 4 of Citizenship
Rules, 1956, which deals with the form of application for registration under Section 5(1)(c)
makes the point that in computing the period of 12 months (now 7 years), broken periods of
residence may be taken into account.

The Bench refused to entertain or adjudicate the petition on the basis of vague and indefinite
pleas.

By Registration (Section 5(4))

Any minor child can be registered as a citizen of India under Section 5(4), if the Central
Government is satisfied that there are “special circumstances” justifying such registration. Each
case would be considered on merits.

Citizenship by Naturalization (Section 6)

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is
ordinarily resident in India for TWELVE YEARS (throughout the period of twelve months
immediately preceding the date of application and for ELEVEN YEARS in the aggregate in the
FOURTEEN YEARS preceding the twelve months) and other qualifications as specified in Third
Schedule to the Act.
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 14.I for the grant of a certificate
of a naturalization to him, the Central Government may, if satisfied that the applicant is qualified
for naturalization under the provisions if the Third Schedule, grant to him a certificate of
naturalization.
Provided that, if in the opinion of the Central Government, the applicant is a person who has
rendered distinguished services 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 of Citizenship act, 1955. The person to whom a certificate of naturalization is granted
shall, on taking an oath of allegiance in the form specified in the Second Schedule, be a citizen of
India by naturalization as from the date on which that certificate is granted.

Citizenship by Incorporation of Territory

If any territory becomes a part of India, the Central Government, may by orders notified in the
Official Gazette, specify the persons who shall be citizens of India by reasons of their connection
with that territory, and those persons shall be citizens of India as from the date to be specified in
the order.

Termination

Citizenship is terminated either by renunciation or acquisition of citizenship of another country.

Termination is covered in Section 9 of the Citizenship Act, 1955. Section 9(1) of the Act
provides that any citizen of India who by naturalisation or registration acquires the citizenship of
another country shall cease to be a citizen of India. It also provides that any citizen of India who
voluntarily acquires the citizenship of another country shall cease to be a citizen of India.

Renunciation of Citizenship

Renunciation is covered in Section 8 of the Citizenship Act 1955. 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
Indian. 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.

Where a person ceases to be a citizen of India 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.

For the purpose of this section, any woman who is, or has been, married shall be deemed to be of
full age.

Acquisition of Citizenship of Another Country

Any citizen of India who by naturalization, 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, cease to be a citizen of India. However, this does not
apply to a citizen of India, during any war in which India may be engaged, voluntarily acquires
the citizenship of another country, until the Central Government otherwise directs.

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.
The acquisition of another country's passport is also deemed under the Citizenship Rules, 1956 to
be voluntary acquisition of another country’s nationality. Rule 3 of Schedule III of the
Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a
passport from the Government of any other country shall be conclusive proof of his having
voluntarily acquired the citizenship of that country before that date". Again, this rule applies
even if the foreign passport was obtained for the child by his or her parents, and even if
possession of such a passport is required by the laws of a foreign country which considers the
child to be one of its citizens (e.g., a U.S.-born child of Indian parents who is automatically
deemed to be a U.S. citizen according to U.S. law, and who is therefore required by U.S. law to
have a U.S. passport in order to travel abroad). It does not matter that a person continues to hold
an Indian passport. Persons who acquire another citizenship lose Indian citizenship from the date
on which they acquire that citizenship or another country's passport. The prevailing practice at a
number of British diplomatic posts, for example, is to impound and return to the Indian
authorities the Indian passports of those applicants who apply for and are granted British
passports.
Special rules exist for Indian citizens with a connection to Goa, Daman and Diu. Rule 3A of
Schedule III of the Citizenship Rules, 1956 states that "Where a person, who has become an
Indian Citizen by virtue of the Goa, Daman and Diu (Citizenship) Order, 1962, or the Dadra and
Nagar Haveli (Citizenship) Order 1962, issued under section 7 of the Citizenship Act, 1955
holds a passport issued by the Government of any other country, the fact that he has not
surrendered the said passport on or before the 19 January 1963 shall be conclusive proof of his
having voluntarily acquired the citizenship of that country before that date.
On 16 February 1962, a Constitution Bench of the Supreme Court of India held in the case of
Izhar Ahmad Khan Vs. Union of India, AIR 1962 SC 1052, that "If it is shown that the person
has acquired foreign citizenship either by naturalisation or registration, there can be no doubt that
he ceases to be a citizen of India in consequence of such naturalisation or registration, provided
the said voluntary acquisition has taken place between the 26th January,1950 and the
commencement of the Act, or takes place thereafter.”

Deprivation
The Central government under section 10 of the Indian citizenship Act, 1955 deprives any
citizen of Indian Citizenship if it is satisfied that-
a. The registration or certificate of naturalization was obtained by means of fraud, false
representation or concealment of any material fact; or
b. That citizen has shown himself by act or speech to be disloyal or disaffected towards the
Constitution of India as by law established; or
c. That citizen has, during the war in which India may be engaged, unlawfully traded or
 communicated with an enemy or been engaged in or associated with, any business that was
to his knowledge carried on in such manner as to assist any enemy in that war; or
d. That citizen has, within five years after registration or naturalization, been sentenced in any
country to imprisonment for a term of not less than two years; or
e. That citizen has been ordinarily resident out of India for a continuous period of seven years,
and during that period, has neither been at any time a student of any educational institution in
a country outside India or in the service of a Government of India or of an International
organization of which India is a member, nor registered annually in the prescribed manner at
an Indian consulate his intention to retain his citizenship of India.
f. The Central Government shall not deprive a person of citizenship unless it is satisfied that it is
not conducive to the public good that person should continue to be a citizen of India.

CONCEPT OF DUAL CITIZENSHIP

Citizenship is generally defined based on some common factors. One could be a citizen of a
country for one or more of the following reasons

 "Right of the Soil" - if he was born in the territory (within the borders) of that country
 "Right of Blood" - If one or both of his parents are citizens of that country.
 By Marriage - If he is married to a person who is a citizen of that country (this is no
longer an automatic process - he still needs to apply for citizenship)
 Naturalization - If he obtained citizenship of the country by going through the legal
process of naturalization

As there are various ways to acquire citizenship of a country, it is possible for someone to be
considered a citizen under the laws of two or more countries at the same time. This is dual
citizenship.

Dual Citizenship is simply being a citizen of two countries. Dual citizens can carry two
passports and essentially live, work, and travel freely within their native and naturalized
countries. Some countries do not allow dual citizenship. For example, South Korean and
American citizenship cannot be carried on hand in hand.
The Indian Parliament passed a Bill to grant Overseas Citizenship of India (OCI) to people of
Indian origin in December 2003. The OCI Scheme became operational from Dec 2, 2005. The
Constitution of India does not as such allow holding Indian citizenship and citizenship of a
foreign country simultaneously. Based on the recommendation of the High Level committee on
Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India
(OCI) commonly referred to as ‘Dual Citizenship’.
The Indian Government grants an Overseas Citizenship of India (OCI) status under which
Persons of Indian Origin (PIO), who have migrated from India and acquired citizenship of a
foreign country (other than Pakistan and Bangladesh), are eligible for certain benefits, “as long
as their home countries allow dual citizenship in some form or the other under their local laws”.
This status is not the same as being a citizen of India – according to the modification issued by
the Government of India, such person: 
  Does not get an Indian passport.
 Has no voting rights.
 Cannot contest elections or be nominated to the Lok Sabha, Rajya Sabha, Legislative
Assembly or Council.
 Cannot hold constitutional posts such as those of President, Vice President, Judge of
Supreme Court or High Court.

A registration certificate in prescribed format is issued and a multiple entry, multi-purpose OCI
‘U’ visa sticker is pasted on the foreign passport of the applicant. For this purpose, the applicant
needs to send the original passport to the Indian Mission/Post after receipt of the acceptance
letter/OCI registration certificate.

STATUS OF REFUGEES IN INDIA

India is neither party to the 1951 Convention on Refugees nor the 1967 Protocol. The lack of
specific refugee legislation in India has led the government to adopt an ad hoc approach to
different refugee influxes. The status of refugees in India is governed mainly by political and
administrative decisions rather than any codified model of conduct. The ad hoc nature of the
Government’s approach has led to varying treatment of different refugee groups. Some groups
are granted full range of benefits including legal residence and the ability to be legally employed,
whilst others are criminalized and denied access to basic social resources.

The legal status of refugees in India is governed mainly by the Foreigners Act 1946 and the
Citizenship Act 1955. These Acts do not distinguish refugees and apply to all non-citizens
equally. Under the Acts it is a criminal offence to be without valid travel or residence documents.
These provisions render refugees liable to deportation and detention.

The United Nations High Commissioner for Refugees (UNHCR) is based in New Delhi. Once
recognized, Afghan, Burmese, Palestinian and Somali refugees receive protection from the
UNHCR. Many refugees receive a small monthly subsistence allowance and all have access to
the services provided by the UNHCR’s implementing partners in Delhi: the YMCA, Don Bosco
and the Socio-Legal Centre (SLIC). The largest refugee populations in India do not fall under the
UNHCR’s mandate, but are nonetheless considered refugees by the government. There are over
1,50,000 Tibetans and 90,000 Sri Lankans who have fled violence and persecution and sought
refuge in India. These groups are accommodated and assisted in accessing education, healthcare,
employment and residence to varying degrees.

Tibetan Refugees
Following the Chinese incursion in 1951, in 1959, many Tibetans fled to India with a steady flow
filtering into India in the years that followed. There are approximately 1,50,000 Tibetan refugees
in India.
Legal status

Tibetans who arrived in India in the late 1950s and early 1960s were accorded refugee status by
the Indian government despite India not being party to either the 1951 UN Convention Relating
to the Status of Refugees or the 1967 Protocol. These Tibetans were issued registration
certificates, which must be renewed once or twice a year. Tibetans who were born in India are
also eligible to obtain a registration certificate once they are 18 years old.

Although the Indian government continues to allow Tibetans to enter the country, it has not
afforded them the same legal status as the first wave of Tibetans. However, some Tibetans who
arrived in the second-wave were able to obtain their registration certificates by claiming that they
were born in India. Tibetans are given more rights than most other refugee groups in India. They
are provided with residence permits, which enable them to seek formal employment. They are
the only refugee group to receive travel permits from the Indian government.

Sri Lankan Refugees

The legal status of Sri Lankan refugees in India is officially governed by the Foreigner’s Act
1946 and India's Citizenship Act 1955 which defines all non-citizens who enter without visas
to be illegal migrants, with no exception for refugees or asylum seekers. Sri Lankans who are
considered to be a threat to national security are deemed to be militants and detained in ‘special
camps’ in Chenglepet or Velloreand. Nonetheless, in general the Government of India recognizes
Sri Lankans fleeing violence at home to be refugees and accordingly grants them protection.

Bhutanese Refugees
Ethnic Nepalese people started arriving in Bhutan in significant numbers in the early 20th
century. By the 1980s they accounted for a quarter of the Bhutanese population. In the mid to
late 1980s, the authorities began to view the growing numbers of Hindu Nepalese in Bhutan as a
direct threat to Bhutanese ethnic identity. After this time, discriminatory measures were
employed to restrict the Nepalese from government service jobs, from obtaining promotions and
receiving passports.

Alongside these measures, the government introduced a national campaign to revive traditional
culture. Teaching Nepali as a second language in schools was banned and Bhutanese national
dress was to be worn at school as well as on official occasions. A census was carried out in the
early 1980s which determined the number of Nepalese living in Bhutan. As a result of the
census, the Citizenship Act of 1985 was enacted which set out new conditions for citizenship of
Bhutan. A great number of Hindu Nepalese became illegal residents overnight. The only way to
regain it was to prove their residence in Bhutan for the previous 15 years. As a result, many
naturalized citizens lost their status. The Act also allowed for any naturalized citizen to be
stripped of his or her status if they had shown, by act or speech, to be ‘disloyal’ to the King,
country, or people of Bhutan. This provision has been used frequently to revoke citizenship from
Hindu Nepalese under the pretext of ‘disloyalty’.
In response to the protests by the ethnic Nepalese in Bhutan in the south against their deportation
and discrimination, the government’s military presence increased. After several raids and
bombings, the Bhutanese authority ordered the closure of local Nepalese schools, clinics, and
development programs. Many ethnic Nepalese were forcibly evicted and forced to cross the
Indian borders into Assam and West Bengal. The Indian states would not accept the expelled
Bhutanese and they were forced to move on. Most went through Nepal to go back into India at
different entry points, while many stayed in UNHCR refugee camps in Nepal. There are between
30,000(approx.) ethnic Nepalese living in India. For them, obtaining recognition as refugees
remains an impossible task.

Legal status

Since 1949, Bhutanese citizens have been permitted to move freely across the Indian border. An
open border between India and Nepal and India and Bhutan is provided for by a treaty
between the respective states, last updated in February 2007. A reciprocal arrangement between
Indian and Bhutan grants its citizens equal treatment and privileges. The right to residence,
study, and work are guaranteed without the need for identity papers. For this reason, the Indian
government has not acknowledged the ethnic Nepalese Bhutanese who were forced to flee to be
refugees, and nor has it provided any sort of assistance. The UNHCR does not carry out status
determination for the Bhutanese. This is most likely due to the friendship treaty between the two
countries.

Hindu Pakistani Refugees

Roughly 1,15,000 people displaced from Pakistan have arrived in India since 1965. The Indian
government does not recognize this group to be refugees and as a result, they are unable to
acquire residence permits and find it difficult to gain employment.

The Indian Constitution and the Indian Citizenship Act 1955, however, make specific provision
for those who were born or whose parents were born in undivided India to apply for Indian
citizenship. The Citizenship Amendment Rules 2004 specifically provide for Pakistanis to apply
for citizenship in Gujarat and Rajasthan.

The conditions for citizenship are that the individual must have been continuously resident in
India for 5 years, rather than for 12 years as is the case with other foreigners applying for
citizenship, and intend to settle permanently in India. As a result of this legislation, the Indian
government awarded 13,000 Hindu Pakistanis, Indian citizenship between 2005 and 2006. Once
Pakistani refugees have attained citizenship they are afforded the same rights as Indian citizens.
The amendment of the Citizenship Act in 2005, however, has drastically increased the fee
structure for citizenship application.

Burmese Refugees
Most of the Burmese enter India from the northeast and very few asylum seekers who travel to
Delhi are recognized as refugees by the UNHCR. The organization provides the more vulnerable
individuals with a small monthly stipend.
In addition to the Burmese who are recognised refugees by the UNHCR, there are also a large
number of Burmese asylum seekers living in India. Unlike some other refugee groups, Burmese
refugees are granted residence permits to stay in India.

Palestinian Refugees

160 Palestinians are currently seeking refugee status and are the most recent refugee group to
arrive in India. The United Nations High Commission for Refugees (UNHCR) in Delhi has
recognized some of the Palestinians as refugees and other applications are under
consideration. These refugees have not been issued residence permits by the Indian government.

Afghan Refugees
The Indian government does not officially recognize the Afghan community to be refugees.
Instead, they are recognised and protected under the UNHCR mandate.

The Indian government has issued most Afghan refugees valid residence permits. This affords
them a degree of legal protection, which allows them to stay in the country despite not having
valid passports. Attaining residence permits has been more difficult for the newer arrivals in
India between 2004-07. Afghan refugees receive a small subsistence allowance for the first six
months for the principal applicant and for each dependant. After six months, only the most
vulnerable Afghans such as females, the disabled and the elderly, receive this sum. Since the
majority of the Afghan community holds resident permits, many Afghans are able to work in the
shops and work.

Specific protection issues

Afghan refugees who do not possess residence permits often struggle to support themselves and
their families. A large proportion of the Afghan community are widows and single mother
workers in the informal sector who work long hours. They are at risk of exploitation and
harassment at work and it is reported that Muslim Afghan women are particularly discriminated.
The employment of Afghan refugees who do not possess valid resident permits is illegal.

A majority of refugees have shown interest in becoming naturalised Indian citizens. The
eligibility requirement is that a refugee must have lived in India for 12 years or have been
married to an Indian for seven years.

In addition to these groups India also hosts small numbers of refugees from Sudan, Iraq, Iran
Ethiopia and Eritrea amongst others.
 CONCLUSION

The concept of Citizenship is gaining more importance especially with regard to Globalisation
and Foreign Direct Investment in India. The Overseas Citizens of India have been conferred with
certain benefits under the scheme, though not in respect to investment, as of date. But
considering the manner in which Indian legal system has opened its arms in many aspects to
other countries, its not an impossibility for the Indian economy to soon provide additional rights
in terms of investment to the OCIs.

Considering the fact that there are many investors/potential investors who are of Indian origin, it
wouldn’t be a bad idea to give additional rights to such people to invest directly in India.