Ministry of Home Affairs, in a letter to the state government, listed various provisions to prevent the difficulties faced by Gorkhas in the matter of getting an Indian citizenship.
The Centre has clarified to the state government of Assam that members of the Gorkha community who have migrated from Nepal will not be treated as illegal migrants if they can show documents proving their Nepalese citizenship.
Ministry of Home Affairs, in a letter to the state government, listed various provisions to prevent the difficulties faced by Gorkhas in the matter of getting an Indian citizenship. The All Assam Gorkha Students' Union had claimed that members of the Gorkha community living in Assam were being referred to Foreigners Tribunals.
The letter, dated September 24, 2018, stated that the members of the Gorkha community who were Indian citizens at the time of commencement of the Constitution, or those who are Indian citizens by birth, or those who have acquired Indian citizenship by registration or naturalisation in accordance with the provisions of The Citizenship Act, 1955, are not "foreigners" in terms of section 2(a) of The Foreigners Act, 1946 as well as The Registration of Foreigners Act, 1939. And as such, such cases will not be referred to the Foreigners Tribunals.
It further emphasised that any member of the Gorkha community holding Nepalese nationality and who has arrived in India by land or air over the Nepal border even without a passport or visa and is staying in India for any length of time shall not be treated as an illegal migrant if they possess identity proof.
Documents such as a Nepalese Passport, Nepalese Citizenship Certificate, voter Identification card issued by the Election Commission of Nepal, limited validity photo-identity certificate issued by the Nepalese Mission in India are required to prove Nepalese citizenship, MHA said.
For children between the age group of 10 and 18 years, photo ID issued by the principal of the school, if accompanied by parents having valid travel documents are required. No such document is required for children below the age of 10 years, the communication added, citing provisions of the India-Nepal Treaty signed in 1950.
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