CITIZENSHIP

To prepare for INDIAN POLITY for any competitive exam, aspirants need to understand Citizenship, a key topic for the IAS exam’s polity syllabus (GS-II). Articles 5 to 11 of the Indian Constitution cover citizenship, which can be acquired by birth, descent, naturalisation, registration, and incorporation of territory. India provides for single citizenship to promote fraternity and unity among its people.

Citizenship and Rights in India

• India has two kinds of people:
  • Citizens: Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
  • Aliens: Aliens are the citizens of some other state and do not enjoy all the civil and political rights.

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• Aliens Categorise into Two –

• The citizens also owe certain duties towards the Indian State, including paying taxes, respecting the national flag and national anthem, and defending the country inter alia.
• The Constitution confers the following rights and privileges only to citizens of India,

• The Constitution deals with citizenship from 5 to 11 under Part II.
• It contains no permanent or detailed provisions in this regard.
• It identifies the persons who became citizens of India at its commencement on January 26, 1950.
• It does not address the acquisition or loss of citizenship after its commencement.
• It empowers Parliament to enact laws for these and other citizenship-related matters.
• Accordingly, Parliament enacted the Citizenship Act of 1955, which has been amended periodically.
• According to the Constitution, the following four categories of persons became citizens of India at its commencement, i.e., on January 26, 1950:

• To sum up, these provisions deal with the citizenship of –
  1. persons domiciled in India;
  2. persons migrated from Pakistan;
  3. persons migrated to Pakistan but later returned; and
  4. persons of Indian origin residing outside India.
• The other constitutional provisions regarding citizenship are as follows:
  • A person cannot be an Indian citizen or be considered an Indian citizen if they voluntarily acquire citizenship of a foreign country.
  • Every individual who is or is considered to be an Indian citizen will remain so, subject to any laws enacted by Parliament.
  • Parliament holds the authority to legislate on matters related to the acquisition and termination of citizenship, as well as other citizenship-related issues.

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• Anyone born in India between January 26, 1950, and July 1, 1987, is an Indian citizen by birth.
  
• Anyone born between July 1, 1987, and before the Citizenship (Amendment) Act, 2003 came into effect, is an Indian citizen if either parent was an Indian citizen at the time of their birth.
• And anyone born after the commencement of the Citizenship (Amendment) Act, 2003, and both of whose parents were Indian citizens at the time of his birth, is an Indian citizen.
• The only exception to this was Assam where, as per the 1985 Assam Accord foreigners who came to the state up to March 24, 1971 were to be regularised as Indian citizens.
• Section 14A of the Citizenship Act of 1955, sub-section (1), states that “The Central Government has the authority to compulsorily register every citizen of India and issue them a national identity card.”
• The procedure to prepare and maintain National Register of Indian Citizens (NRIC) is specified in the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 .

CITIZENSHIP ACT 1955

BY BIRTH

• A person born in India on or after January 26, 1950 but before July 1, 1987 is a citizen of India by birth irrespective of the nationality of his parents.
• A person born in India on or after July 1, 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.

• A person born in India on or after December 3, 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.

BY DESCENT

• A person born outside India between January 26, 1950, and December 10, 1992, is an Indian citizen by descent if their father was an Indian citizen at the time of their birth.
  
• A person born outside India on or after December 10, 1992, is considered an Indian citizen if either parent was an Indian citizen at the time of their birth.
  
• A person born outside India on or after December 3, 2004, is not considered an Indian citizen by descent unless their birth is registered at an Indian consulate within one year, or later with the Central Government’s permission.
  
• An application to register the birth of a minor at an Indian consulate must include a written statement from the parents confirming the child does not hold a passport from another country.
  
• A minor who is an Indian citizen by descent and also holds citizenship of another country must renounce the other citizenship within six months of reaching adulthood, or they will lose their Indian citizenship.

BY REGISTRATION

• A person of Indian origin who is ordinarily residing in India for seven years before applying for registration;
• A person of Indian origin who is ordinarily residing outside undivided India;
• A person who is married to a citizen of India and is ordinarily residing in India for seven years before applying for registration;
• Minor children of Indian citizens;
• A person of full age and capacity whose parents are registered as Indian citizens;
• A person of full age and capacity who, or either of his parents, were citizens of independent India, residing in India for twelve months before applying for registration;

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• An adult who has held an overseas citizen of India card for five years and has been residing in India for twelve months before applying for registration.
• An individual is considered of Indian origin if they or either of their parents were born in undivided India or in a territory that became part of India after August 15, 1947.

IMPORTANT: All individuals falling into the aforementioned categories must take an oath of allegiance before being registered as Indian citizens.

BY NATURALISATION

The Central Government has the authority to issue a certificate of naturalization to any individual (excluding illegal migrants) who meets the following criteria:

• They are not a subject or citizen of any country where citizens of India are barred from obtaining citizenship through naturalization.
• They agree to renounce their citizenship of any other country if their application for Indian citizenship is approved.
• They have either lived in India or served the Government of India, or a combination of both, continuously for twelve months prior to the application date
• During the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a GoI, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years;
• He is of good character;
• He has adequate knowledge of a language specified in the Eighth Schedule to the Constitution;
• In the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into or continue in, service under a GoI or under an international organisation of which India is a member or under a society, company or body of persons established in India.

BY INCORPORATION OF TERRITORY

• When any foreign territory is incorporated into India, the Government of India determines which individuals from that territory will be granted Indian citizenship.
• These individuals become citizens of India from the date specified by the government.
• For instance, when Pondicherry became a part of India, the GoI issued the Citizenship (Pondicherry) Order (1962), under the Citizenship Act (1955).

SPECIAL PROVISIONS AS TO CITIZENSHIP OF PERSONS COVERED BY THE ASSAM ACCORD, 1985

• The Citizenship (Amendment) Act, 1985, added the following special provisions as to citizenship of persons covered by the Assam Accord (which related to the foreigners’ issue):
• All persons of Indian origin arriving in Assam from Bangladesh before January 1, 1966 and continuously residing in Assam since then are considered Indian citizens from January 1, 1966.
• Those of Indian origin arriving in Assam from Bangladesh between January 1, 1966 and March 25, 1971, who have continuously resided in Assam since their arrival and have been identified as foreigners, must register themselves.
  • Such a registered person shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date of detection as a foreigner.
  • But, in the intervening period of ten years, he shall have the same rights and obligations as a citizen of India, excepting the right to vote.

LOSS OF CITIZENSHIP

The Citizenship Act (1955) prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution

1. By Renunciation

• Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship.
• Upon the registration of that declaration, that person ceases to be a citizen of India.
• However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government.
• Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship.
• However, when such a child attains the age of eighteen, he may resume Indian citizenship.

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2. By Termination

• When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically

• This provision, however, does not apply during a war in which India is engaged.

3. By Deprivation

• It is a compulsory termination of Indian citizenship by the Central government, if:

1. • the citizen has obtained the citizenship by fraud:
   • the citizen has shown disloyalty to the Constitution of India;
   • the citizen has unlawfully traded or communicated with the enemy during a war;
   • the citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years;
   • the citizen has been ordinarily resident out of India for seven years continuously.

RATIONALE BEHIND SINGLE CITIZENSHIP

• Indian Constitution is federal and envisages a dual polity (Centre and states), but it provides for only a single citizenship – the Indian citizenship.
• In India, citizens owe allegiance only to the Union. There isn’t a different citizenship for each state (unlike USA which adopts dual citizenship).
• In the USA, every individual is a citizen of both the country and the specific state they belong to. So, they pledge allegiance to both and have rights from both the national and state governments.
• This system creates the problem of discrimination. A state may discriminate in favour of its citizens in matters like right to vote, right to hold public offices, right to practice professions etc.
• Problem of discrimination avoided in the system of single citizenship of India.
• In India, regardless of the state of birth or residence, all citizens have equal political and civil rights across the country, without discrimination.
• However, there are some exceptions to this general rule of non-discrimination:
  • The Parliament (under Art. 16) can prescribe residence within a state or UT as a condition for certain employments or appointments in that state or union territory, or local authority or other authority within that state or UT.
  • The Constitution (under Art. 15) prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth only and not on the ground of residence.
  • States have the authority to offer special benefits or prioritize their residents in areas not covered by the rights granted to Indian citizens by the Constitution.
    
  • The freedom of movement and residence (Article 19) is limited to safeguarding the interests of scheduled tribes.
  • This is done to protect the distinctive culture, for any state except Andhra Pradesh and Telangana.
  • Prior 2019, the legislature of the erstwhile state of Jammu and Kashmir was empowered to (based on 35-A):
    • define the persons who are permanent residents of the state;
    • confer any special rights and privileges on such permanent residents as respects:
    • employment under the state government;
    • acquisition of immovable property in the state;
    • settlement in the state; and
    • right to scholarships and such other forms of aid provided by the government.
• In 2019, this special status was abolished by a new presidential order known as “The Constitution (Application to Jammu and Kashmir) Order, 2019”.
  • This order replaced the previous 1954 order.
• However, India has been experiencing communal riots, class conflicts, caste wars, linguistic clashes, and ethnic disputes.
• The dream of the founding fathers and the Constitution-makers to create a united and integrated Indian nation has not been fully achieved.

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RATIONALE BEHIND SINGLE CITIZENSHIP

• The Diaspora consists of people who can trace their roots to India or are Indian citizens living abroad, either temporarily or permanently.
  
• It includes Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs), and Overseas Citizens of India (OCIs).
  
• In 2015, PIO and OCI card holders were combined into the OCI category.
  
• Indian migration on a large scale began during British rule, with indentured laborers sent to former colonies like Fiji, Kenya, and Malaysia, known as Girmitiya people.
  
• Today, the Indian diaspora is over 20 million strong, showcasing the diverse social, ethnic, and cultural heritage of its homeland.

OVERSEAS CITIZENSHIP OF INDIA (OCI)

• The OCI Scheme was introduced by amending the Citizenship Act of 1955 in August 2005.
  
• The OCI card was created to give foreign citizens of Indian origin a status similar to citizenship.
  
• Foreign nationals who were eligible for Indian citizenship on January 26, 1950, or were citizens after that date, or were from a territory that became part of India after August 15, 1947, can register for OCI.
  
• Minor children of such individuals are also eligible for OCI.
  
• However, if the applicant is a citizen of Pakistan or Bangladesh, they cannot apply for OCI.
• OCI have been granted statutory rights under the Citizenship Act, 1955. Therefore, the nature of rights granted depends on the policy of Central government.
• A registered OCI receives a visa for multiple entries, for various purposes, and life-long visa for visiting India.
• OCI is entitled to general parity with Non- Resident Indians (NRIs) in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.
• A registered OCI is exempted from registration with Foreign Regional Registration Officer (FRRO) or Foreign Registration Officer for any length of stay in India.

WHAT ARE THE ADDITIONAL BENEFITS OF OCI?

• Apart from the benefits of PIO, the OCI can attain Indian citizenship and then live in India for a period of one year including short breaks, if they remain an OCI for 5 years.

• OCI cardholders have the ability to open special bank accounts in India, similar to NRIs, and make investments.
• They can also purchase non-farm property and have ownership rights.
  
• OCI cardholders are also eligible to apply for a driver’s license and PAN card.
• They get the same economic, financial and educational benefits like NRIs and they can also adopt children.

NON-RESIDENTIAL INDIANS (NRI)

• An Indian citizen who is ordinarily residing outside India and holds an Indian Passport.
• A person is considered NRI if She is not in India for 182 days or more during the financial year Or;
• If he/she is in India for less than 365 days during the 4 years preceding that year and less than 60 days in that year.

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Person of Indian Origin

• There are over 30 million overseas Indians living abroad and the remittance of close to 70 billion dollars annually by overseas Indians (one of the largest in the world)
• A Person of Indian Origin (PIO) means a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal)
  • Who at any time held an Indian passport or
  • Who or either of their parents/ grandparents/ great grandparents were born and permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter or
  • Who is a spouse of a citizen of India or a PIO.

• PIO category was merged with OCI category in 2015.

WHAT WERE THE BENEFITS OF PIO?

• A PIO cardholder doesn’t need a visa to visit India.
• The holder also doesn’t require a student or employment visa to acquire employment or academic opportunities in India.
• The holder was exempted from registering at the foreigner regional registration office (FRRO) during the duration of stay in India.
• The holder also enjoys parity with NRIs in concern to economic, financial and educational matters like property transfer or acquisition, holding, disposal, investment, admission of children in educational institutions under general category quota for NRIs.
• Separate immigration counters are provided at all International airports.

DIFFERENCE BETWEEN PIO AND OCI

IMPORTANCE OF OVERSEAS INDIAN CITIZENS (OCI)

• One of the biggest benefits of connecting with the 30-million-strong Indian diaspora has been in terms of remittances.
• Remittances close to 69 billion dollar make an invaluable contribution by aiding in socio-economic development, poverty reduction and changes in consumption behaviour in rural areas.
• NRIs often donate to local charities because of strong cultural and emotional connections.
• The diaspora acts as ‘agents of change,’ boosting investment, industrial growth, international trade, and tourism.
• Building strong ties with an active diaspora helps accelerate the tech sector.
• A large emigrant group supports “diaspora diplomacy,” acting as “bridge-builders” between their home and adopted countries.
• The Indo-US Civil Nuclear Deal is an example where Indian Americans successfully lobbied for the agreement.
• The migration of less-skilled workers to West Asia has reduced hidden unemployment in India.
• The success of skilled workers abroad has improved India’s global image.
• Diaspora investments in India are often long-term because they want to establish lasting connections, unlike non-diaspora foreign investments.

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Outside India

• Rising hate speech and crimes against the Indian diaspora due to racism and communalism have increased with the rise of nationalist governments in many countries.
  
• Fear of losing jobs and educational opportunities to outsiders has led to stricter visa rules in countries like the USA and Australia due to increasing anti-globalization sentiments.
  
• Sectarian crises, terrorism, and wars in Middle Eastern countries (Yemen, Oman, Libya, Syria, etc.) make the Indian diaspora vulnerable to attacks.
  
• Local laws, such as Saudi Arabia’s Nitaqat Law (requiring one local to be hired for every 10 migrants), have negatively impacted the employment prospects of the Indian working class in Saudi Arabia.

In India

• Out Migration results in substantial drop in the supply of professionals for running institutions and organisations in India.
• Remittances aren’t always used beneficially.
  • For example, India has faced issues with foreign funding for extremist movements like the Khalistan movement.
    
• NRIs cannot directly set up firms in India, preventing the country from benefiting from their entrepreneurial skills.
  
• The E-Migrate system and Minimum Referral Wages policy have hurt India, as companies now prefer hiring labor from countries like Bangladesh and Pakistan.
  
• Poor schemes and ineffective implementation hinder the diaspora’s contribution to India’s growth.

WAY FORWARD

• India should create a rotation program for top NRI scientists, engineers, doctors, managers, and professionals to work in public sector organizations for a short time, similar to the VAJRA Scheme.
• India should actively encourage NRIs to invest in rural development projects by offering attractive interest rates on deposits.
• India could establish a dedicated Minister-of-State level department for NRI affairs, similar to the Veterans’ Administration in the US.
• Social media has made it easier and cheaper for the Indian diaspora to stay connected with family and friends, strengthening their ties to India.
• The Indian government should leverage this strong bond for the nation’s greater good.

NATIONAL REGISTER OF CITIZENS (NRC)

About NRC

• It is a list of all bona fide Indian citizens of Assam, the only state with such a document. Other states such as Tripura are also demanding for NRC.
• The National Register of Citizens is a list of all the legal citizens of the country, with necessary documents.
• In 2014, the Supreme Court asked the state government to update the 1951 NRC in a time-bound manner. The present exercise is being conducted under the supervision of the Supreme Court.
• Earlier, following the Supreme Court’s order, the government conducted the NRC updating exercise in Assam, and as a result, over 19 lakh applicants failed to make it onto the NRC list.
• It will include people listed in any electoral roll as of midnight on March 24, 1971, or in the 1951 National Register of Citizens, and their descendants.
• The Assam is the only exception to provisions of citizenship act 1955, where as per the 1985 Assam Accord foreigners who came to the state up to NATIONAL REGISTER OF of Citizens (NRC) were to be regularised as Indian citizens.
• The verification process included house-to-house checks, document authentication, family tree investigations to eliminate false parenthood claims, and separate hearings for married women.
• To implement Citizenship Amendment Act, 2019, citizens and illegal migrants have to be identified. So, a National Register Citizens (NRC) is the necessary first step.
• To demonstrate their or their ancestors’ presence before 1971, applicants in Assam had to provide any one of 14 available documents:
  • 1951 NRC; or
  • Electoral rolls up to March 24, 1971, or
  • Any of 12 other types of documents, such as land and tenancy records, citizenship papers, passports, and certificates from boards or universities.

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ASSAM ACCORD (1985) AND NRC IN ASSAM

• It was a Memorandum of Settlement signed between representatives of the GoI and the leaders of the Assam Movement in New Delhi on 15 August 1985.
• The Citizenship Act of 1955 was amended after the Assam Accord as per which:
  • Foreigners who entered Assam between 1951 and 1961 would receive full citizenship, including voting rights.
  • Those who entered after 1971 would be deported.
  • Those who entered between 1961 and 1971 would be denied voting rights for ten years but would have all other citizenship rights.
• The NRC was updated in Assam according to the Assam Accord and is unique to Assam.

• Assam government has assured people that those who find their names missing from the final NRC will not immediately be termed “foreigners” or illegal immigrants.
• Such people will be allowed to register protests with the Foreigners Tribunal. They can approach the High Court or even the Supreme Court for further appeal in the matter.
• The state government will provide legal aid to poor people whose names are missing from the list.
• Under the Foreigners Act of 1946, the burden of proving whether an individual is a citizen or not, lies upon the individual applicant and not on the state.

IMPACT OF NRC

• An updated NRC will clarify the number of illegal migrants in Assam and the rest of the country.
  
• It will provide verified data for informed debates and policy-making.
  
• The updated NRC is expected to discourage future illegal migrants from Bangladesh from entering Assam.
  
• The draft NRC has already created the impression that staying in Assam without valid documentation can lead to detention, jail, or deportation.
  
• Illegal migrants will find it harder to obtain Indian identity documents and access rights and benefits meant for Indian citizens.
  
• Bengali-speaking people in Assam, often suspected of being Bangladeshis, will find relief if their names are included in the NRC.

CHALLENGES

• Flawed Process: People who found themselves on the first list didn’t find their names on the second. Even the family of a former President of India, an ex-army man’s, was not mentioned on the list.
• Parallel processes of NRC, the voters list of the Election Commission, and the Foreigners’ Tribunals have led to utter chaos, as none of these agencies are sharing information with each other.
• The draft NRC allows for re-verification, but it will be challenging to physically verify all the excluded individuals due to their large number.
• ‘Non-citizens’ can seek judicial relief to claim their citizenship, which could overwhelm an already overburdened judiciary.
• There is uncertainty about the future of those excluded from the list.
• Bangladesh denies that these people are its citizens and refuses to acknowledge the issue of illegal immigration. Without a formal agreement,
• India cannot forcibly return illegal migrants to Bangladesh.
• This issue could harm India’s relations with Dhaka and damage India’s international reputation.
• Large-scale detention camps are not a viable option for a civilised democracy like India.
• Another option is to issue work permits, allowing limited legal rights to work but no political rights. The fate of the children of such individuals remains unclear.
• With ongoing uncertainty, the NRC appears to be a “process without an end.”

WAY FORWARD

• India, following the philosophy of ‘Vasudhaiva Kutumbakam‘, should avoid quick decisions that could disenfranchise its citizens and contradict its long-standing values.
  
• The Union Government needs to clearly outline the plan for those excluded from the final NRC list.
  
• Political parties should avoid using the NRC process for electoral gains, as it could lead to communal violence.
  
• A strong legal support system is needed for the four million people who must prove their citizenship with limited resources..

DOUBTFUL OR D-VOTERS

• Doubtful or D-voters are people who have been disenfranchised by the government due to questions about their citizenship. Their inclusion will depend on the decision of the Foreigners Tribunal.

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CONTEXT – Recently, there was an amendment to the Foreigners (Tribunals) Order, 1964, giving district magistrates in all States and Union Territories the authority to establish Foreigners tribunals.

About Foreigners Tribunals

• These were established through Foreigners (Tribunal) Order, 1964, of Ministry of Home Affairs under Foreigners Act, 1946.
• They were setup to decide whether a person staying illegally in India is a foreigner or not, as per Foreigners Act.
• The recently amended order, also empowers individuals to approach the Tribunals. Earlier, only the State administration could bring a suspect to the Tribunal.

CENSUS (DECENNIAL)

• The census gathers information about the size, distribution, and various characteristics of the country’s population.
• A systematic and modern population census began non-synchronously between 1865 and 1872 in different parts of India.
• The Decennial Population Census started in 1872 under British Viceroy Lord Mayo.
• However, the first synchronized census in India occurred in 1881, and censuses have been conducted every ten years since then.
• India’s last census was in 2011 when the population reached 1.21 billion.
• The Indian Census is one of the world’s largest administrative tasks.

CENSUS 2021

• The Census Act, 1948 and the Census Rules, 1990 provide the legal framework for conduct of Census.
• Census 2021 will be 16th Census in the country.
• The Census 2021 will be conducted in 18 languages out of the 22 scheduled languages (under 8th schedule) and English, while Census 2011 was in 16 of the 22 scheduled languages declared at that time.
• The option of “Other” under the gender category will be changed to “Third Gender”.
• There were roughly 5 lakh people under “other” category in 2011.
• The next census of India to be conducted in 2021 with March 1, 2021 as the reference date, except for the states of Jammu & Kashmir, Himachal Pradesh and Uttarakhand.
• The Census data would be available by the year 2024-25.

NEW INITIATIVES TAKEN FOR THE CENSUS 2021

• The use of a mobile app for the first time will help collect data.
  
• People can now complete their census forms online during the Population Enumeration phase.
  
• The Census Monitoring & Management Portal will be a central hub for all officers and officials involved in Census activities, offering support in multiple languages.
  
• A code directory will be introduced to make the process more efficient.

HOW IS CENSUS DIFFERENT FROM NPR?

• Census doesn’t ask for individual identity details, and is a macro exercise.
• The NPR gathers identity information from each person.
• Census data is protected by a confidentiality clause. The government has committed that it will not reveal information received from an individual for the headcount.
• Certain set of data from the Census 2011 is still being released.

ISSUE OF CASTE DATA COLLECTION

• In 2018, the Ministry of Home Affairs announced that the Other Backward Class (OBC) category would be included in the 2021 Census.
  
• However, the Registrar-General of India (RGI) stated that only SC/ST categories will be included due to the unreliable nature of collecting caste data, which affects the credibility of the results.
  
  • For example, individuals belonging to the Yadav caste may write variations like Yadu or Yaduvanshi on the form, with no standardization. Sometimes, people even confuse caste with gotra.
    
• The caste data collected in 2011 as part of the Socio-Economic Caste Census (SECC) has not yet been released by the Centre.
• Even a committee formed under former vice-chairman of NITI Aayog, Arvind Panagariya to find a way to publish the SECC-2011 data failed to provide any tangible outcome.
• The last caste-based census was carried out by the British in 1931.

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NATIONAL POPULATION REGISTAR (NPR)

CONTEXT – Recently, government has decided to prepare a National Population Register (NPR) by September 2020 to lay the foundation for rolling out a citizens’ register across the country.

• Origin of NPR: A group of ministers created after the Kargil war recommended compulsory registration of all residents in India, to facilitate the preparation of a national register of citizens and curb illegal migration.
  • The NPR project wants to gather biometric and demographic information from every “usual resident” of India to build a complete identity database.
• NPR lists people considered “usual residents,” defined as those who have lived in an area for at least six months or plan to stay for the next six months.
• NPR is created under laws from the Citizenship Act of 1955 and the Citizenship Rules of 2003.
• In 2004, the Citizenship Act was updated with Section 14A, allowing the government to register all Indian citizens and provide them with National Identity Cards, which states:
  • The government must register all Indian citizens and give them National Identity Cards.
    
  • A National Register of Indian Citizens (NRIC) or National Register of Citizens (NRC) may be set up by the Central Government through a National Registration Authority (NRA).
    
  • All residents must register under the NPR.
• The NPR registration will happen alongside the first phase of the 2021 Census, managed by the Office of the Registrar General of India under the Home Ministry.
• There’s a plan to issue Resident Identity Cards (RIC) to NPR residents aged 18 and above.

PREPARATION OF NATIONAL POPULATION REGISTER

• NPR will be prepared at National, State, District, Sub-District, local (Village or Sub-Town) level under provisions of Citizenship Act 1955 and Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003

DATA COLLECTED IN NPR

• The NPR will gather demographic information and biometric data.
• There are 15 types of demographic data, including things like name, birthplace, education, and job.
• Biometric data will rely on Aadhaar, so it will ask for Aadhaar details.
• Signing up for the NPR is mandatory, but providing extra information like PAN, Aadhaar, driver’s license, and voter ID is optional.

NPR vs AADHAR

• The information gathered in NPR will be sent to UIDAI for removing duplicates and giving out Aadhaar Numbers.
• Except for Assam, where the NRC is already done, all other places will be part of the NPR.

• Mandatory vs Voluntary: Registering with the NPR is compulsory for all Indian residents, but signing up with UIDAI is optional.
• Number vs. Register: UID will give out a number, while NPR leads to the National Citizens Register. So, it’s just a register.
• Authentication vs. Identification: The UID number will serve as an authenticator during transactions. The National Resident Card will signify resident status and citizenship.
• UIDAI vs. RGI: The UIDAI signs people up for the UID scheme, while the RGI signs people up for the NPR scheme.
• Door to Door Canvassing vs. Centre Enrollment: Individuals will have to go to an enrollment center and register for the UID, while the NPR will carry out part of the enrollment of individuals through door to door canvassing.
• Prior Documentation vs. Census Material: The UID will use existing documents and IDs, while the NPR will use census data.

NPR DATA

• NPR data collection started in 2010, with West Bengal being one of the five states using it for planning beneficiary schemes.
• In 2015, NPR was updated by adding biometric details from Aadhaar.
• Data for NPR was gathered door-to-door, covering categories like age, marital status, birthplace, nationality, address, occupation, and education.
• The Socio-Economic Caste Census (SECC) used NPR data.
• Household NPR data was used to improve the targeting of schemes like Ayushman Bharat, Jan Dhan Yojana, Prime Minister Awas Yojana, Ujjwala Yojana, and Saubhagya.
• Caste data collected in 2011 as part of SECC, along with Census data, is yet to be released due to errors.

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REGISTER GENERAL AND CENSUS COMMISSIONER OF INDIA

• It manages demographic surveys in India, such as the Census and Linguistic Survey.
  
• It operates under the Union Ministry of Home Affairs (MHA).
  
• The Registrar General and Census Commissioner (RGCC) of India position is typically held by a civil servant with the rank of Joint Secretary to the Government of India.
• He heads the Census organisation (mentioned in entry 69 of seventh schedule of Constitution), which functions under the aegis of Union Ministry of Home Affairs (MHA).

CITIZENSHIP AMENDEMNT ACT 2019

Context: The Parliament recently passed the Citizenship Amendment Act (CAA), 2019, which changes the Citizenship Act, 1955.

BACKGROUND

• Article 11 of the constitution empowers the Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
  
• The Citizenship (Amendment) Act of 2003 says that “illegal migrants” can’t apply for citizenship through registration or naturalization.
  
• According to Section 2(1)(b) of the Citizenship Act, 1955, an “illegal migrant” is someone who,
  • Enters the country without valid travel documents, like a passport and visa,
  • Enters with valid documents, but stays beyond the permitted time period.

KEY PROVISIONS OF THE CITIZENSHIP AMENDMENT ACT (CAA), 2019

• Key parts of the Citizenship Amendment Act (CAA), 2019, state that illegal migrants meeting four conditions won’t be considered illegal under the Act.

1. 1. They are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians – Total six communities barring Muslim community.
   2. They are from Afghanistan, Bangladesh or Pakistan
   3. They came to India on or before December 31, 2014.
   4. They are not in certain tribal areas included in Sixth Schedule to the Constitution (Assam, Meghalaya, Mizoram, or Tripura) or areas under the “Inner Line” permit (Arunachal Pradesh, Mizoram, and Nagaland)

• These tribal areas include Karbi-Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District.
• All legal cases against these migrants regarding their illegal entry or citizenship will be closed.
• The period of naturalisation has been reduced from 11 years to 5 years for above category of migrants.

CRITICAL ANALYSIS OF CAA 2019

ARGUMENTS AGAINST THE ACT

• The main criticism of the bill is that it focuses only on Muslims.
• Critics argue that it is violative of Art. 14 (the right to equality) of the Constitution and the principle of secularism, which has enshrined in preamble.
• India has many other refugees, like Tamils from Sri Lanka and Rohingyas from Myanmar. They are not covered under the Act.
• Even though some parts of the north-eastern states are exempt, the idea of giving citizenship to many illegal Bangladeshi migrants has made the states very worried.
• It will be difficult for the government to differentiate and delineation between illegal migrants and those persecuted.

ARGUMENTS IN FAVOUR

• The government has clarified that Pakistan, Afghanistan and Bangladesh are Islamic republic where Muslims are in majority hence they cannot be treated as persecuted minorities.
• It has been promised that the government will look at applications from any other community on a case-by-case basis.
• This Bill will come as a big boon to all those who have been the victims of Partition and the subsequent conversion of the three countries into theocratic Islamic republics.
  • The government says that because of the 1947 split between India and Pakistan based on religion, many people from different faiths who used to live in undivided India were in Pakistan and Bangladesh.
  • Pakistan, Afghanistan, and Bangladesh have constitutions that declare a specific state religion.
    
  • Because of this, people from Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities have been persecuted for their religion in those countries.
    
  • Many of these people have come to India to find safety and have stayed here even if their travel papers are expired or incomplete, or if they don’t have any documents at all.
• After Independence, not once but twice, India conceded that the minorities in its neighbourhood is its responsibility.
  • First, immediately after Partition
  • Second during the Indira-Mujib Pact in 1972 when India had agreed to absorb over 1.2 million refugees.
• Historically, only Hindus, Sikhs, Buddhists, and Christians came to the Indian side on both occasions.
  .

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GROUNDS FOR CANCELLING OCI REGISTRATION

• The law says the government can cancel the registration of OCIs for various reasons, like if they got registered by lying.
• The Citizenship amendment act 2019 provides that the central government may cancel registration of OCIs, if the OCI has violated Citizenship Act or any other law so notified by the central government.
• The cardholder also has to be given an opportunity to be heard.
• The law states that the central government can revoke the registration of OCIs for five reasons
  • Including registration through fraud
  • showing disaffection to the Constitution
  • engaging with the enemy during war
  • If it’s necessary to protect India’s sovereignty, state security, or public interests,.
  • If an OCI is sentenced to two years or more in prison within five years of getting registered, their registration can be canceled.

EXCEPTIONS TO CAA 2019

• Under sub section 6B of Citizenship Amendment Act, says that “nothing in this section shall apply to:
  1. Tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution.
  2. The region known as “The Inner Line” is identified in the Bengal Eastern Frontier Regulation of 1873. (AMiN states: Arunachal Pradesh, Mizoram, and Nagaland)

SECTION-14A OF THE CITIZENSHIP ACT, 1955

• Inserted by Citizenship (Amendment) Act, 2003.
• The government can make it necessary for every Indian citizen to register and get a national identity card.
• Central Government may maintain a National Register of Indian Citizens (NRIC) and for that purpose, establish a National Registration Authority (NRA)
• Registrar General of India, appointed under Registration of Births and Deaths Act, 1969 shall act as the National Registration Authority.
• NPR may have foreigners as well.

INDIAN ORIGIN TAMILS (IOT) AND ASSOCIATED ISSUES

• India recently passed a law called the Citizenship Amendment Act to give citizenship to migrants who entered the country illegally.
• In this connection, here is a look at the issue of the Sri Lankan Tamils, as they are excluded from the provisions of the CAA.

ABOUT INDIAN ORIGIN TAMILS (IoT)

• Sri Lankan Tamils mostly live in the North and East, while Indian Origin Tamils (IOTs) are descendants of Tamil workers brought by the British in the mid-19th century to work on tea estates in the Central and Uva provinces.
  
• They now identify as Malayaha (hill country) Tamils to avoid the negative label of being called “Indian” Tamils.
  
• Around Sri Lanka’s independence, there were about 800,000 IOTs, who were crucial to the tea industry and were active in politics.
  
• They formed alliances with unions and left-wing parties to protect their rights in independent Sri Lanka.
  
• However, ruling parties tried to limit their political power by labeling them as “birds of passage” disloyal to the country, India’s agents in Sri Lanka, and job stealers from locals.

SRI LANKA’S 1948 CITIZENSHIP ACT

• Sri Lanka’s Citizenship Act of 1948 was the first of several actions by the Sinhala rulers to strengthen their political support among the Sinhalese community.
• It aimed to exclude Indian Origin Tamils (IOTs), who were the main workforce in tea estates and had ties to leftist parties.
• The IOTs accepted by India in 1964 were not fleeing Sri Lanka.
• Those who remained in Sri Lanka were stateless for many years until the ruling party sought their votes and settled their citizenship status

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ISSUES WITH THE ACT

• This law clearly showed differences between ethnic groups and changed the political system to benefit the Sinhalese majority.
• This created an intractable dynamic of ethnic outbidding between the two major Sinhalese-dominated parties to attract Sinhalese voters at the expense of the Sri Lankan Tamil minority.
• These actions led to the alienation of the latter, their support for secession, and the start of ethnic violence and civil war in the 1970s and 1980s.

ISSUES FACED BY INDIAN ORIGIN TAMILS (IoT)

• Exclusion from basic amenities and government schemes.
• Religious persecution and ethnic conflicts and differentiation.
• Exclusion and limited political and civil rights.
• Harassment and perpetration of the crimes against them.

SURROGACY BILL 2019 AND INDIAN CITIZENSHIP

• Commercial surrogacy, also called ‘Rent a Womb‘, became legal in India in 2002 to boost medical tourism.
  
• India soon became a top destination for surrogacy due to its low costs and lack of strict laws.
  
• A study by the Confederation of Indian Industry in 2012 found that India’s surrogate motherhood industry was worth $2 billion annually.
  
• However, the unregulated nature of surrogacy raised concerns about the exploitation of surrogate mothers and their children.
  
• This prompted the need for legislation to regulate surrogacy in the country.
  
• A study supported by the United Nations in July 2012 estimated the surrogacy business in India to be over $400 million annually, with more than 3,000 fertility clinics across the country.

PROBLEMS ASSOCIATED WITH CROSS-BORDER SURROGACY

• Cross-border childless couples face language barriers and sometimes lengthy legal battles to get their children.
  
• Cross-border surrogacy causes issues with citizenship, nationality, motherhood, parentage, and child rights.
  
• Sometimes, children are denied the nationality of their intended parents’ country.
  
• The absence of international surrogacy laws creates complications for both surrogates and intended parents.
  
• Surrogacy laws can differ between the parents’ home country and the country where the baby is born.

LAWS GOVERNING SURROGACY IN DIFFERENT COUNTRIES

• Altruistic surrogacy is legal in countries like Britain, America, Australia, the Netherlands, and Denmark.
• All forms of surrogacy are banned in France, Germany, Italy, Spain, Portugal, and Bulgaria.
• Both altruistic and commercial surrogacy are allowed in Armenia, Georgia, Kazakhstan, Russia, and Ukraine.
• Surrogacy is unregulated in the Czech Republic, Colombia, Chile, and Hungary.
• Kenya, Malaysia and Nigeria do not prohibit surrogacy but have no formal law to regulate the practice.

PRECONDITIONS FOR ELIGIBILITY

The certificate of eligibility to the intending couple is issued upon fulfilment of the following conditions:

• Both are Indian citizens and have been married for at least five years.
  
• The wife is between 23 to 50 years old, and the husband is between 26 to 55 years old.
  
• They do not have any surviving child (biological, adopted, or surrogate), except for a child who is mentally or physically challenged or has a life-threatening disorder or fatal illness.
  
• They meet any other conditions specified by regulations.

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ELIGIBILITY CRITERIA FOR SURROGATE MOTHER

For the surrogate mother to receive a certificate of eligibility from the relevant authority, she must:

• A close relative of the intending couple;
• A married woman having a child of her own;
• 25 to 35 years old;
• A surrogate can only serve once in her lifetime.
• Possess a certificate of medical and psychological fitness for surrogacy.
• Further, the surrogate mother cannot provide her own gametes for surrogacy.
• Additionally, the surrogate mother is not allowed to use her own gametes for surrogacy.

ROHINGYA CRISIS AND INDIA

• In January 2019, the UN High Commissioner for Refugees (UNHCR) asked India to explain why a group of Rohingya refugees was sent back to Myanmar in October 2018.
• India’s decision to send the refugees back goes against international refugee laws and domestic constitutional rights.
• Deporting refugees is seen as legally and morally wrong under domestic laws.

GLOBAL FRAMEWORK

• Refugee law is a part of international human rights law.
• To deal with the issue of large numbers of refugees crossing between countries, a meeting of UN representatives made the Convention Relating to the Status of Refugees in 1951.
• After that, they made the Protocol Relating to the Status of Refugees in 1967.
• One important rule in the Convention is the principle of non-refoulment, which means not sending refugees back to where they might be harmed.
• Experts say that India doesn’t have to follow this rule because it didn’t sign the Convention or the Protocol.
• But the ban on sending refugees back is a rule of international law that applies to all countries, even if they didn’t sign the Convention.
• According to a decision by the UNHCR in 2007, this rule applies to every country, whether they signed the Convention or not.
• Article 14 of the Universal Declaration of Human Rights says everyone has the right to seek asylum from persecution in other countries
• Article 51 of the Constitution says the state should try to encourage international peace and security. Article 51(c) mentions promoting respect for international laws and agreements.
• The Constitution conceives of incorporation of international law into the domestic realm.
• Thus, the argument that the nation has not violated international obligations during the deportation is a mistake.

DOMESTIC RESPONSIBILITY

• In the Constitution, the chapter on fundamental rights separates citizens from other individuals.
• While citizens have all rights, including foreigners, everyone has the right to equality and the right to life, among other rights.
• The Rohingya refugees, while under the jurisdiction of the national government, cannot be deprived of the right to life and personal liberty (Art.21)
• In National Human Rights Commission v. State of Arunachal Pradesh (1996), the Supreme Court held:
  • “Our Constitution confers… rights on every human being and certain other rights on citizens. Every person is entitled to equality before the law and equal protection of the laws. Also, no person can be deprived of his life or personal liberty except according to procedure established by law. Thus the State is bound to protect the life and liberty of every human being, be he a citizen or otherwise…”

INDIA’S STANCE

• India doesn’t have special laws to deal with refugees, even though more of them are coming into the country.
• The Foreigners Act of 1946 doesn’t tackle the unique issues experienced by refugees as a group. It also gives the central government full power to deport any foreigner.
• The Citizenship (Amendment) Bill of 2019 leaves out Muslims and aims to give citizenship to people of certain religions like Hindu, Christian, Jain, Parsi, Sikh, and Buddhist who faced persecution in Bangladesh, Pakistan, and Afghanistan. Most Rohingya are Muslims.
• This limitation on the basis of religion fails to stand the test of equality under Art. 14 of the Constitution and offends secularism, a basic feature of the Constitution.

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WAY FORWARD

• Indian Judiciary is independent of executive and legislature. Therefore, the Supreme Court has placed human rights at the center of Indian polity and has tried to turn them into tool of advocacy and instrument of fairness between communities as well as individuals, guaranteeing their protection through civil and criminal justice process. Above all, strengthening the identity of the Indian state and society.
• Considering the dire situation of the Rohingyas, they should receive basic needs like clean toilets, safe drinking water, and medical care. Then, plans should be made to send them back home slowly.
• The priority is to safeguard the right to life of every person, and it cannot be taken away.
• India hasn’t ratified international convention validating refugee status in the country. However, India has done the best it can in the circumstances.

WAY FORWARD

• The 1951 UN Refugee Convention explains who is a refugee and outlines the rights of those given asylum, along with the duties of countries that offer asylum.
• It provides certain rights to individuals who are escaping persecution based on their race, religion, nationality, belonging to a certain social group, or political views.
• Climate migrants (migrated due to climate change) who move across borders are not considered refugees according to the 1951 Refugee Convention or its 1967 protocol. Therefore, they aren’t eligible for protection under national or international refugee laws.
• India not a member of UN refugee convention or its 1967 protocol.
• The Convention also provides for some visa-free travel for holders of travel documents issued under the convention.
• The Convention is based on Article 14 of the 1948 Universal Declaration of Human Rights, which acknowledges the right of individuals to seek asylum in other countries to escape persecution.
• The 1967 Protocol widened the scope to include refugees from all nations, while the 1951 Convention only covered refugees from Europe.
• Today, the 1951 United Nations Convention and the 1967 Protocol together remain the foundation of refugee protection, and their provisions are as relevant now as when they were drafted.

Why does India refuse to sign the Convention or the Protocol?

• The main reasons are about security. Borders in South Asia are porous, so any fighting can cause lots of people to move.
• India follows “Attithi Devo Bhava” and “Vasudhaiva Kutumbakam” in letter and spirit.
• India is home to diverse groups of refugees, ranging from Buddhist Chakmas from the Chittagong of Bangladesh, to Bhutanese from Nepal, Muslim Rohinygas from Myanmar and small populations from Somalia, Sudan and other sub Saharan African countries.
• At that time, UNHCR greatly assisted India in managing the 9.8 million Hindu refugees from Bangladesh.
• It also collected significant funds from across the globe to support India (And it wasn’t a war led by the West).
• In 2015, during the largest refugee crisis in the West since World War II, none of the reasons mentioned justify why India still refuses to sign the Refugee Convention.

CENTRAL ADVERSE LIST

CONTEXT: Recently, Centre has removed names of 312 Sikh foreign nationals from its blacklist/the Central Adverse List.

ABOUT CENTRAL ADVERSE LIST

• This list is maintained by Ministry of Home Affairs, that contains:
• People who backed the Khalistan movement in the 1980s and 1990s but fled India to seek refuge in other countries.
• Names of those individuals who are suspected to have links with terrorist outfits or have violated visa norms in their previous visit to India.
• Individuals suspected of having ties to terrorist groups or violating visa rules during previous visits to India.
  
• People involved in criminal activities or accused of sexual crimes against children in their home countries.
  
• This list is used by all Indian Missions and Consulates to prevent these individuals from entering India by denying them visas.
  
• It’s a measure taken by the Indian government to safeguard internal security.
  
• It prevents serious offenders from using India as a refuge after committing crimes in their own countries and then applying for Indian visas to avoid prosecution.
• List is maintained with inputs from all the state governments, central and state intelligence agencies.

DETENTION CENTRES

• Assam has 6 detention centres.
• They are run by Assam’s home department with approval from the Ministry of Home Affairs (MHA).

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FOREIGNER DETENTION CENTRE (FDC)

• Ready to start operating from January 1, 2020, near Bengaluru, Karnataka.
  
• The Foreigners Detention Centre (FDC) being built in the state is open to people from any country and will serve as a temporary place for foreign nationals who are caught staying illegally here by the police until they are sent back to their home countries.
• State governments have been given the authority to deport foreign nationals staying illegally under Article 258 (1) of the Constitution.

UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR)

• Established in 1951 at Geneva , Switzerland to provide international protection for refugees and to seek durable solutions to their problems.
• The High Commissioner can help anyone who is afraid of being harmed because of their race, religion, nationality, or political views and is not in their home country.
• Refugees who are assisted by other United Nations agencies, or who have the same rights of obligations as nationals or their country of residence, are outside the mandate of UNHCR

GLOBAL MIGRATION REPORT 2020

• Published by the International Organisation for Migration (IOM)
• Top destination for migration remains the United States.
• India remained the largest country of origin of international migrants with Mexico and China following behind.
• The top three remittance recipients were India, China and Mexico.
• United States remained the top remittance-sending country followed by the United Arab Emirates and Saudi Arabia.

INTERNATIONAL ORGANISATION FOR MIGRATION (IOM)

• IOM is an intergovernmental organization that helps with migration. They offer advice and support to governments and people who are moving, including refugees, people forced to leave their homes within their own country, and migrant workers.
• IOM was founded in 1951 under the name Intergovernmental Committee for European Migration (ICEM) to assist in resettling individuals displaced by World War II.
• It was granted Permanent Observer status to UN General Assembly (UNGA) in 1992.
• The cooperation agreement between IOM and the UN was established in 1996.
• It consists of 166 member states, with an additional 8 states having observer status, and maintains offices in more than 100 countries.
• India is a member of IOM.
• Its headquarters are located in Geneva, Switzerland.
• The UN sees IOM as a crucial player in safeguarding migrants and displaced individuals, as well as in the fields of resettling refugees and assisting with voluntary returns.
• IOM works in four broad areas of migration management:
  • Migration and development,
  • Facilitating migration,
  • Regulating migration,
  • Forced migration.

PRAVASI BHARTIYA DIWAS

• Event: Pravasi Bharatiya Divas (PBD)
  
• Date: January 9th every year
  
• Purpose: To mark the contribution of the Overseas Indian community in the development of India
• Historical Significance: Commemorates Mahatma Gandhi’s return from South Africa on January 9, 1915
• First Celebrated: 2003
• Frequency: Initially held annually; since 2015, it is organized every two years
  
• Organized by: Ministry of External Affairs
  
• Significance: To remember the favors and contributions made by Non Resident Indians (NRIs) to the welfare and development of the nation.
• The 15th PBD Convention was held from 21 to 23 January 2019 in Varanasi with Uttar Pradesh as the Partner State with Mr. Pravind Jugnauth, (Prime Minister Mauritius) as chief guest.
  • India had celebrated Mahatma Gandhi’s 150th birth anniversary in the year 2019.
• 16 conventions have been held so far, with the 16th being virtual in 2021 due to the pandemic.
• The 17th PBD Convention is scheduled for January 8-10, 2023, in Indore, Madhya Pradesh.
  • Its theme is “Diaspora: Reliable Partners for India’s Progress in Amrit Kaal.“

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