The Bombay High Court made an important comment on Tuesday and made it clear that only documents like an Aadhaar card, a PAN card, or a Voter ID do not make anyone an Indian citizen. The court gave this decision during the hearing of a case in which an alleged Bangladeshi person had entered India illegally.
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The accused did not get bail
The bench of Justice Amit Borkar refused to grant bail to the accused Babu Abdul Rouf Sardar. Sardar is accused of entering India without a valid passport or travel documents and then getting fake Indian documents like an Aadhaar card, PAN card, voter ID, and passport. The court made it clear that citizenship will be determined only under the Citizenship Act of 1955 made by the Parliament.
Valid documents proving citizenship
The Government of India has recognized only a few selected documents to prove citizenship. These mainly include the Indian passport, which is issued by the Ministry of External Affairs. Apart from this, the nationality certificate issued by the District Officer or the State Government can also prove citizenship. In special circumstances, the court or the Home Ministry can also issue this certificate.
Importance of Neutralization Certificate
Another way to get citizenship is the Neutralization Certificate, which is given to those persons who have lived in India for at least 12 years. This includes living in India continuously for 12 months immediately before the application and a total residence of 11 years. This certificate is issued on the basis of the rules mentioned in the third schedule of the Citizenship Act.
Birth Certificate and Other Documents
A birth certificate is also an important document to prove citizenship. It is issued by the concerned government department and mentions the citizenship of the parents. This document is considered valid under the “Registration of Births and Deaths Act, 1969”. However, an Aadhaar card, a voter ID, or a driving license are only for identification and convenience; they cannot be considered as proof of citizenship.
Clear standing of the court
The High Court said that only identity documents cannot make a person a citizen. Determination of citizenship is possible only under the legal process and act. The court also added in the case that the investigation of the accused’s documents is still going on, and hence, he cannot be granted bail at present.