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CAA rules decoded: How refugees will acquire citizenship & Constitutional immunity in India

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CAA rules decoded: How refugees will acquire citizenship & Constitutional immunity in India

New Delhi, March 12 (IANS) The Central government led by Prime Minister Narendra Modi notified the Citizenship Amendment Act (CAA) on Monday, five years after it was passed in Parliament. Union Home Minister Amit Shah has said that the implementation of CAA would enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to get citizenship in India.

Definitely, it is a big relief given by PM Modi-led government to the refugees who have been in the state of uncertainty ever since they migrated to India from the aforesaid nations due to religious persecution.

The CAA is going to achieve the objectives that were set by the government when it had got the bill passed in Parliament on December 11, 2019.

In fact, The Citizenship Act, 1955 (57 of 1955) was enacted to provide for the acquisition and determination of Indian citizenship.

Historically speaking, trans-border migration of population has been happening continuously between the territories of India and the areas comprising Pakistan, Afghanistan and Bangladesh.

Millions of citizens of undivided India belonging to various faiths were staying in the said areas of Pakistan and Bangladesh when India was partitioned in 1947.

What is worth noting is that the constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion.

As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities faced persecution on grounds of religion in those countries.

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The situation was so worse that some of them also had fears about such persecution in their day-to-day life where the right to practice, profess and propagate their religion has been obstructed and restricted.

As a result, several such persons fled to India to seek shelter.

The problem was that they continued to stay in India even if their travel documents expired or they had incomplete or no documents.

Under the provisions of the previous act in which amendment was done by the government in Parliament, the migrants from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Pakistan or Bangladesh who entered into India without valid travel documents or if the validity of their documents has expired are regarded as illegal migrants and ineligible to apply for Indian citizenship under section 5 or section 6 of the Act. 4.

Considering their problems, the Central government exempted the said migrants from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946 and rules or orders made thereunder vide notifications, dated 07.09.2015 and dated 18.07.2016.

Subsequently, the Central government also made them eligible for long term visa to stay in India vide orders dated 08.01.2016 and 14.09.2016.

But PM Modi-led government has now made the said migrants eligible for Indian citizenship.

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The CAA says that the illegal migrants who have entered into India up to the cut off date of 31.12.2014 can acquire Indian citizenship.

PM Modi-led government will now begin granting Indian nationality to persecuted non-Muslim migrants — Christians, Parsis, Buddhists, Jains, Sikhs and Hindus — from the above said countries who arrived in India up until December 31, 2014.

The government or an authority specified by it, shall grant the certificate of registration or certificate of naturalisation subject to such conditions, restrictions and manner as prescribed.

Since many of them have entered into India long back, they may be given the citizenship of India from the date of their entry in India if they fulfil conditions for Indian citizenship specified in section 5 or the qualifications for the naturalisation under the provisions of the Third Schedule to the Act. 6.

Remarkably, the CAA further grants immunity to the migrants of the aforesaid Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities so that any proceedings against them regarding their status of migration or citizenship do not bar them from applying for Indian citizenship.

This is being seen as a big relief for the citizenship-seekers.

The competent authority shall not take into account any proceedings initiated against such persons regarding their status as illegal migrants or their citizenship matter while considering their application under section 5 or section 6 of the Act, if they fulfil all the conditions for grant of citizenship.

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Many persons of Indian origin including persons belonging to the said minority communities from the aforesaid countries were applying for citizenship under section 5 of the Citizenship Act, 1955 but they were unable to produce proof of their Indian origin.

Hence, they used to be forced to apply for citizenship by naturalisation under section 6 of the said Act, which, inter alia, prescribed twelve years residency as a qualification for naturalisation in terms of the Third Schedule to the Act. This denied them many opportunities and advantages that could have accrued only to the citizens of India, even though they were likely to stay in India permanently.

Therefore, the government got the Third Schedule to the Act amended in Parliament to make applicants belonging to the said communities from the aforesaid countries eligible for citizenship by naturalisation if they could establish their residency in India for five years instead of eleven years that was the condition earlier.

The CAA will also protect the constitutional guarantee given to indigenous population of northeastern states covered under the Sixth Schedule to the Constitution and the statutory protection given to areas covered under “The Inner Line” system of the Bengal Eastern Frontier Regulation, 1873.

–IANS

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National

Defence Ministry: Year 2025 will be year of reforms

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rajnath singh with armed forces chief

On Wednesday, the Defence Ministry announced that 2025 will be designated as the “Year of Reforms,” with a primary focus on establishing integrated theatre commands to enhance collaboration among the three branches of the military.

These reforms are aimed at transforming the armed forces into a technologically advanced, combat-ready force capable of executing multi-domain integrated operations, the ministry stated.

The initiative will emphasize emerging domains such as cyber and space, alongside cutting-edge technologies like artificial intelligence, machine learning, hypersonics, and robotics.

Defence Minister Rajnath Singh described the “Year of Reforms” as a pivotal milestone in the modernization of the armed forces.

“It will set the stage for significant advancements in the nation’s defense capabilities, ensuring the security and sovereignty of India in the face of 21st-century challenges,” he said.

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A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning

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A 3.2 magnitude tremor struck Gujarat’s Kutch district on Wednesday morning, according to the Institute of Seismological Research (ISR).

The district administration reported no casualties or property damage following the quake.

The tremor occurred at 10:24 am, with its epicenter located 23 kilometers north-northeast (NNE) of Bhachau, as per the Gandhinagar-based ISR.

Last month, the region experienced four seismic events exceeding a magnitude of 3, including a 3.2 magnitude tremor just three days ago, with its epicenter also near Bhachau.

Earlier tremors in the area included a 3.7 magnitude earthquake on December 23 and a 3.2 magnitude event on December 7, according to ISR reports.

Kutch was also jolted by a 4.0 magnitude earthquake on November 18, 2024. On November 15, a 4.2 magnitude quake hit Patan in north Gujarat, based on ISR data.

Gujarat is considered a high-risk earthquake zone, having experienced nine major earthquakes over the past 200 years, according to the Gujarat State Disaster Management Authority (GSDMA). The 2001 earthquake in Kutch, which occurred on January 26, was the third-largest and second-most destructive in India in the last two centuries, according to the GSDMA.

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Diljit Dosanjh faces legal action over concert songs

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Singer and actor Diljit Dosanjh’s much-anticipated New Year’s Eve concert in Ludhiana faced legal hurdles after a complaint was filed by Punditrao Dharenavar, an assistant professor from Chandigarh.

Following the complaint, the Deputy Director of the Women and Child Department, Government of Punjab, issued a formal notice to Ludhiana’s District Commissioner, urging them to prohibit Dosanjh from performing specific songs during his live show on December 31, 2024.

The notice specifically targets songs accused of promoting alcohol, including Patiala Peg, 5 Tara Theke, and Case (Jeeb Vicho Feem Labbiya), even if the lyrics are slightly modified. The complaint points to previous warnings issued to Dosanjh by various commissions advising against performing these controversial tracks.

Despite these warnings, the singer allegedly continues to perform the songs with minor alterations. Dharenavar raised serious concerns about the influence of such music on young audiences, especially when minors are present at live events.

Adding to the controversy, Dharenavar referenced a 2019 Punjab and Haryana High Court ruling, which directed law enforcement to ensure that songs promoting alcohol, drugs, or violence are not played at public events, including concerts. This ruling underscores the legal basis for the complaint and has further intensified the scrutiny surrounding the event.

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UP Minister’s convoy overturns, 5 person injured

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UP Minister’s convoy overturns, 5 person injured

Five people sustained injuries when a vehicle in the convoy of Uttar Pradesh Minister and Nishad Party chief Sanjay Nishad overturned into a ditch near Januan village in the Khejuri Police Station area of Ballia district late last night.

Sanjay Nishad shared details of the incident, stating that the accident injured five party workers, including four women.

“I was traveling with the convoy to participate in the Constitutional Rights Yatra organized by the party on Tuesday night. Near Januan village in the Khejuri area, one of the vehicles following the convoy lost control while trying to avoid an animal and overturned into a ditch,” Nishad explained.

The injured individuals have been identified as Rakesh Nishad, Ramrati, Usha, Geeta, and Iravati Nishad.

Senior police and administrative officials quickly arrived at the scene following the incident to oversee the situation.

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Suchir Balaji’s mother alleges Murder

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Suchir Balaji’s mother alleges Murder

The mother of Suchir Balaji, a 26-year-old former OpenAI researcher found dead after accusing the company of copyright violations, has alleged that her son was “murdered” and called for a Federal Bureau of Investigation (FBI) probe.

Poornima Rao, Suchir’s mother, claimed her son’s death was a “cold-blooded murder” that authorities wrongly ruled as suicide. She further disclosed that a private autopsy report conflicted with the findings of the initial police investigation.

Rao alleged that her son’s apartment had been “ransacked” and cited evidence of a struggle in the bathroom, including bloodstains that suggested he had been assaulted.

“We hired a private investigator and conducted a second autopsy to uncover the truth. The private autopsy does not confirm the cause of death stated by the police. Suchir’s apartment was ransacked, there were signs of a struggle in the bathroom, and it appears he was hit based on blood spots. This is a cold-blooded murder being misclassified as a suicide. Lobbying in San Francisco won’t deter us from seeking justice. We demand an FBI investigation,” Rao wrote on X.

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Elon Musk reacted to Rao’s post, commenting, “This doesn’t seem like a suicide.”

Balaji was discovered dead in his San Francisco apartment months after accusing OpenAI of violating copyright laws during the development of ChatGPT, as reported by Fox News. Despite these claims, the San Francisco Police Department found no evidence of foul play and ruled the death a suicide.

On October 24, shortly before his death, Balaji voiced doubts about the “fair use” defense in generative artificial intelligence. “I recently participated in a NYT story about fair use and generative AI, and why I’m skeptical ‘fair use’ would be a plausible defense for a lot of generative AI products,” he wrote on X.

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