Citizenship eligibility in case of no documentary evidence
My friend born in Guwahati, Assam, India in 1982 but his Birth Certificate issue date is 2016. He has done schooling upto 10th Standard in India. He presently has voter ID, PAN, Bank A/C etc in his name. He married to Indian citizen in 2010 and Registered their marriage in court in 2015. Both have a girl child of appx 6 years now. However, his parents do not have any documents to prove their Indian citizenship. His parents haves their names in Assam Voter list in the year 1992-93 and onward.
Currently Assam Govt is updating National Register of Citizens (NRC) and as per sec 6A of the Citizenship Act, any person who donot have documentary evidence of their presence in Assam before 25 March 1971, will be treated as Foreigner and have to be Deported from India.
Kindly advice on the following questions:
1. How can my friend claim his citizenship in Assam since he do not have any documents prior to 25 March 1971.
2. What is the provision of Citizenship in regards to marrying an Indian Woman.
3. What will be the citizenship status of their girl chils born in India in the 2011.
Asked 8 years ago in Constitutional Law
Thanks for the reply Sir.
But my concern is that, accourding to SECTION 6A OF CITIZENSHIP ACT 1955 as per ASSAM ACCORD, any person who can not prove their inhabitance in Assam prior to 25 March 1971, would be treated as Foreigner and deported back from India.
Please read the following quoted in http://nrcassam.nic.in/assam_accord.html
ASSAM ACCORD AND EVOLUTION OF CITIZENSHIP STATUTES
The Assam Accord was signed between AASU, AAGSP, Central and State Governments on the foreigner problem issue on 15th August 1985, which determined 1st January 1966 as the cut-off date for the purpose of detection and deletion of foreigners and allowed for citizenship for all persons coming to Assam from “Specified Territory” before the cut-off date. It further specifies that all persons who came to Assam prior to 1st January 1966 (inclusive) and up to 24th March 1971 (midnight) shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1939. Name of foreigners so detected will be deleted from the Electoral Rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939. Foreigners who came to Assam on or after 25th March 1971 shall continue to be detected, deleted and expelled in accordance with law.
Kindly advice what legal rights we have and how can we claim citizenship since we do not have any documentary evidence prior to 25 March 1971.
Asked 8 years ago