Dear Mr. Sarabjit, There have been continuous changes in rules regarding "Citizenship by Birth" in India. The latest position is given on the MHA website and states:
(1) 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 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. 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. The Korean baby, therefore, is not a Citizen of India even though he has a Birth Certificate issued by the Municipal Corp. of Hyderabad. Your Birth Certificate is a "Proof of Citizenship" since you were born before July 1987. These days, there are a very few countries left in the world who grant "Citizenship by Birth"...one major exception being USA. If a baby is born out of India he/she WILL NOT be considered a Indian Citizen unless his/her parents declare that the baby does not hold a passport of any other country AND must register his/her birth at the nearest Indian Consulate within 1 year of birth, provided one parent is a Indian Citizen on the date of birth. C K Jam. --- On Sat, 6/21/08, sroy1947 <[EMAIL PROTECTED]> wrote: From: sroy1947 <[EMAIL PROTECTED]> Subject: [rti_india] Re: Proving Indian citizenship To: [email protected] Date: Saturday, June 21, 2008, 3:22 AM Dear Mr Jam A birth certificate (registration of births and deaths is compulsory in India) is sufficient proof of Indian citizenship, and in fact is the Primary evidence of citizenship. The Onus of Proof then shifts to whoever is disputing the citizenship based on this. It is trite that in India the vast majority of citizens are citizens by virtue of birth, and a birth certificate issued by statutory body is well recognised for the purpose. Ordinarily, your Korean neighbour's son is an Indian citizen till such time a positive action is made to acquire / assert citizenship of another State. However, this International approach to citizenship stands modified lately to prevent swamping of certain areas of India with illegal migrants who give birth in India and claim citizenship thereby. It also presumes that your Korean neighbour is legally in India, since he is issued a birth certificate for his son. As a legal resident in India at the time, any offspring are automatically deemed to be citizens of the country of their birth. To take the child out of India, the parents woudl have to apply for Korean passport for their child, which once issued would automatically revoke the child's "deemed" Indian citizenship. If the child had been born inside the Korean embassy / consulate in India, then the situation would have been different. Sarbajit --- In [EMAIL PROTECTED] ps.com, C K Jam <[EMAIL PROTECTED] ..> wrote: > > Sidharth, > > Sarabjit has given the ideal solution if your issue is about "rthe proof of citizenship" . > > Sarabjit, your birth certificate is no proof of Citizenship. My neighbours are Koreans and their son has a birth Certificate from the Municipal Corp. of Hyderabad, which was issued based on a certificate of the doctor who delivered the baby. The birrth certificate does not say anything about the boys citizenship. Will the Army accept him as a Indian and allow him to join the forces ? > > RTIwanted [Non-text portions of this message have been removed] ------------------------------------ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/rti_india/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/rti_india/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
