A few vital points re Tibetans & Indian Citizenship

posted Apr 30, 2013, 8:42 AM by The Tibetan Political Review   [ updated Apr 30, 2013, 9:04 AM ]
By Sempa (Samyeling Tibetan Colony, India).

Few vital points that have been overlooked in your above editorial:

1.       All Tibetans holding Indian Registration Certificate and who are eligible for the Indian Citizenship under the Indian Citizenship Act, (as explained in the editorial) and who wish to apply for Indian citizenship, must under an unofficial understanding between the MHA, Govt. of India and CTA, Dharamsala get an NOC [No Objection Certificate] from CTA, Dharamsala which is very difficult to get unless you have genuine reasons or good connections.

2.      Ministry of Home Affairs (Foreigner’s Division) Govt of India has issued a circular No.  26027/ 08/ 1994–IC dated 23.02.2012 which reads:

‘’ It is clarified in Ministry of Home Affairs (Foreigners Division) Circular No. 26027/ 08/ 1994 – IC dated 23.02.2012 that “the children born to a Tibetan Refugee in India will not be treated as Indian citizen automatically based on their birth in India before 01.07.1987 under section 3(1)(a) of the Citizenship Act, 1955. All such persons will have to submit an application individually under section 9(2) of the Citizenship Act, 1955 MHA and thereafter the nationality status of all such children born to Tibetan Refugees in India, will be determined by MHA as per prescribed procedure available under the Citizenship Rules, 2009. All such children, as and when their nationality status as an Indian is decided by this ministry, will have to surrender their Tibetan Refugee Certificate and identity Card before accepting Indian citizenship”.

It may be noted that the Circular was issued by the MHA, after the Hon’ble High Court’s judgment in favour of Namgyal Dolkar, allegedly at the behest of the CTA, Dharamsala probably to discourage Tibetans from applying for Indian Passport.

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