Citizenship Amendment Act, 2005

• The Citizenship Amendment Act, 2005 was passed by the Parliament to make provisions for dual citizenship by amending the Citizenship Act, 1955.
• The Citizenship Amendment Act, 2005, is to bestow eligibility for registration as Overseas Citizens of India (OCI) on persons of Indian origin, who or whose parents/grandparents have migrated from India after January 26, 1950 or were eligible to become an Indian Citizen on January 26, 1950 or belonged to a territory that became part of India after August 15, 1947, and their minor child, who is a national of a country that allows dual citizenship in some form or other.
• The eligibility provision is being extended to such citizens of all countries other than those who had ever been a citizen of Pakistan and Bangladesh.

Overseas Citizenship of India (OCI)

Eligibility for OCI

• Any person who at any time held an Indian Passport, or either he or one of his parents or grandparents was born in or was a permanent resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided he 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
• A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 16.08.1947 and his/her children and grandchildren, provided his/her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as Overseas Citizen of India (OCI).
  1. Minor children of such a person are also eligible for OCI.
  2. If the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

Procedure of acquiring OCI

• Eligible persons have to apply in the prescribed form along with enclosure form online.
• Applicant can apply to the Indian Mission/Post in the country where applicant is ordinarily residing.
• If applicant is in India on long term visa then to FRRO, Delhi, Mumbai, Kolkata, Amritsar, Chennai or to the Joint Secretary (Foreigners) MHA.
• Fee for getting OCI is Rs. 15,000 or equivalent in local currency for adults and for children upto 18 years is Rs. 7,500 or equivalent in local currency

Benefits to OCI holders

1. A multi-entry, Multi-purpose life-long visa for visiting India.
2. Exemption from the requirements of registration if they stay on any single visit in India which does not exceed 180 days.
3. Parity with NRIs in respect of all facilities available to the latter 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.
4. A person registered as OCI is eligible to apply for grant of Indian Citizenship under Section 5(l)(g) of the Citizenship Act, 1955. If he/she is registered as OCI for five years and has been residing in India for one year out of the five years making the application.
5. OCI is not entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament and cannot hold constitutional posts such as President, Vice-President, Judge of the Supreme Court or High Courts and can not also normally hold employment in the Government.

Mode of acquisition of citizen after January 26, 1950

• Public Authorities: MPs and MLAs should be declared Public Authorities under the Right to Information Act, except when they are discharging legislative functions.
• Immunity enjoyed by Legislators: Suitable amendments should be effected to article 105(2) of the Constitution to provide that the immunity enjoyed by MPs does not cover corrupt acts committed by them in connection with their duties in the House.
• Similar amendments should be made in Article 194(2) of the Constitution in respect of members of the State Legislatures.
• Ethical Norms in Legislature: An office of Ethics commissioner should be constituted by each House of Parliament, under the Speaker/Chairman to assist the Committee on Ethics.
• All State Legislatures may adopt a code of ethics and a code of conduct for their members.
• Constitutional Protection to Civil Servants: Article 310 and 311 should be done away with. These two Articles not only guarantee Constitutional protection to civil servants but also make it mandatory to seek prior sanction before prosecuting them.
• Prior sanction should not be necessary for prosecuting a public servant who has been trapped red-handed or in cases of possessing assets disproportionate to the known sources of income.
• Protection to whistle blowers: Whistleblowers ex-posing false claims, fraud or corruption should be protected by ensuring confidentiality and anonymity, protection from victimization in career and other administrative measures to prevent bodily harm and harassment.
• Serious Economic Offences: Second ARC has suggested a new law to tackle serious economic offences involving Rs. 10 crore or more.
• A serious frauds office should be set up in Cabinet Secretariat with power to investigate and prosecute in order to discipline financial sector, capital, futures and commodity markets and IT sector.
• False Claim Law: The Second ARC has suggested a law on the lines of American False Claim Act, so that a citizen can seek legal relief against fraudulent claims against the government.

1. Citizenship by birth: Every person born in India on or after January 26, 1950, shall be a citizen of India by birth.
2. Citizenship by descent: A person born outside India on or after January 26, 1050, shall be a citizen of India by descent if either of his parents is a citizen of India at the time of the person’s birth.
3. Citizenship by registration: A person can acquire Indian citizenship by registering themselves before the prescribed authority, e.g. persons of Indian origin who are ordinarily resident in India and have been so resident for five years immediately before making the application for registration; persons who are married to citizens of India.
4. Citizenship by naturalization:  A foreigner can acquire Indian citizenship, on application for naturalisation to the Government of India.
5. Citizenship by Incorporation of territory: If any new territory become s part of India, the Government of India shall specify the persons of that territory who shall be the citizens of India.

Evaluation

1. Domestic Violence Act, 2005 widens the scope of the term women and also violence or abuse to them. The Act now covers women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguineous marriage or a relationship in the nature of marriage, or adoption in addition relation-ship with family members living together as a joint family are also included. Sisters, widows, mothers, single women or living with the abuser are entitled to get legal protection under this Act.
2. The Definition of Domestic Violence has been modified under this Act and it includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic and further harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
3. Right to Secure Housing is one of the most important features of the Domestic Violence Act, 2005. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court.
4. Under the Act, court can pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
5. Domestic Violence Act, 2005, provides for appointment of protection officers and NGOs to provide assistance to the woman for medical examination, legal aid and safe Shelter.
6. Domestic Violence Act, 2005, provides for breach of protection order or interim protection order by the respondent as a cognisable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Non-compliance or discharge of duties by the protection officer is also sought to be made an offence under the Act with similar punishment.
7. Domestic Violence Act, 2005 has covered the legal loophole in the Justice delivery system for women in India, presently, where a woman is subjected to cruelty by her husband or his relatives. It is an offence under Section 498A of the IPC. The civil law does not, however address this issue in its entirety. Therefore, it was necessary to enact a law, keeping in view the rights guaranteed under articles 14, 15 and 21 in the Constitution of India to provide for a remedy under the Civil Law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. This Act is an important step in that direction.

• Domestic Violence Act, 2005, has been hailed by a large section of society, including the Human right activists, feminists and other women organisations as an extremely progressive piece of legislation in the direction of providing equal socio-economic rights and empowerment to the women in the country.
• While there is a section which questions the effectiveness of the Act when there are already various penal laws for woman to seek remedy like, Sec. 498A (cruelty against women) 304/B (dowry death), 306 (abetment to suicide) of IPC and Sec. 125 of CrPC. Further, so far there are various instances of misuse of these Laws. So enacting another law would lead to more abuse of the Laws.
• The Government has passed the law, it now needs to put in place the mechanism of implementation. For this the government has to provide funding to en-courage the registration of service providers who will need the protections of this new law.
• The Government will also have to initiate a wide-spread campaign for public awareness. It also needs to implement training programs to sensitise the police, media and judiciary to the dimensions, scope and functioning of this new law.