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Citizenship of certain persons who have migrated from Pakistan

Mainly the number of migrated people from Pakistan consists maximum of Pakistani Hindus and Sikh people from Sindh. These people usually try to avail Indian citizenship. After the India-Pakistan partition there were many proper Pakistani people who migrated to India . Even after a cross-border marriages it takes some people time to get their citizenship request accepted . 

Apart from the migrants there are nearly 761 people from Pakistan who are there in Indian jails for serving prison time for terror related activities. There were some illegal immigrants in India and in 2017, nearly 250 of them were illegal immigrants and they were deported from India.

Indian Nationality law 

The Citizenship Act of 1955 was the act which describes the conditions and requirements for getting an Citizenship. The conditions according to the Citizenship Act 1955 are :-

  • People born in India in between 26th January of 1950 and 1st July 1987 would get automatic citizenship to India without taking their parents nationality into consideration. 
  • People born after 1st July 1987 to 3rdDec 2004 would be given Indian citizenship only in cases, where both the parents are Indian citizens and if he or either of his parents or any of his grandparents were born in India  along with them not being an illegal immigrants. 

Role of oversea citizenship 

However, in the 2003 amendment of the Act Indian citizen or their descendants  were made eligible candidates to reach out for the citizenship. The benefits of overseas citizenship are the entitlement for living and working in India for their lifespan with the only consequence being that these overseas citizens will not be provided with the right to vote, or government sectors jobs and can face restrictions while travelling to protected and restricted areas of the country. The status was made in order to stay around the constructional stoppage about dual or multiple citizenship. It is by no means dedicated to be seen as a full Indian citizenship. 

People with parents and grandparents with the citizenship of Pakistan and Bangladesh are not eligible for the overseas citizenship. 

Citizenship of migrated people from Pakistan 

Migrants from Pakistan who belong from any of the few selected religions such as Hinduism, Sikhism, Buddhist, Jainism, Parsis and Christianity and if they had come to India before 2015 then they wouldn’t be considered to be illegal immigrants. These people are eligible for citizenship with naturalisation and reduced time of required residence. The residence time is a minimum of 5 years to 14 years in addition to the 12 residential stay after placing an application. 

People migrated before 19th July, 1948 from Pakistan to India because of the partition. These people were considered on land of pre-partition India and the basis of the Government of India Act of 1935 and the territories. Migrated people before 19th July, 1948 having the registration for the citizenship of India or they had to be domiciled in India after that date by any dominion official for six months at least. People who left India and settled in Pakistan were not considered to be Indian citizens anytime. 

Conclusion 

India and Pakistan are neighbouring countries after the partition and have too much similarity to be ignored . Muslims are present in good numbers India too. India has its own rules to be followed when it comes to providing people with citizenship . Although people from Pakistan getting Indian citizenship shows that it can be availed though the right approach. 

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