Category Archives: India – Censorship of Fundamental Rights

INDIA – Know Your Legal Rights Series (PART 3) – The Constitution of India – CITIZENSHIP

PART II
CITIZENSHIP

5.   Citizenship at the commencement of the Constitution
6.   Rights of citizenship of certain persons who have migrated to India from Pakistan
7.  Rights of citizenship of certain migrants to Pakistan
8.    Rights of citizenship of certain persons of Indian origin residing outside India
9.    Persons voluntarily acquiring citizenship of a foreign State not to be citizens
10.  Continuance of the rights of citizenship
11.  Parliament to regulate the right of citizenship by law

 CITIZENSHIP

(Part II – Citizenship. – Arts. 7 – 11.)

5.  At the commencement of this Constitution, every person who has his domicile in the territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory
of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

6. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—

(a) he or either of his parents or any of his grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted); and

(b)  (i) in the case where such person has so migrated before the nineteenth day of July,                                          1948, he has been ordinarily resident in the territory of India since the date of his migration, or  (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.
Citizenship at the commencement of the Constitution. Rights of citizenship of certain persons who have migrated to India from Pakistan.

7.  Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

8.   Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or
consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

9.  No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

10.  Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

11.  Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

India – Land of Gurus, Swamis & Swines, all equally guilty of promoting violence & illiteracy. (Part 3) Democracy Betrayed – The Rise of Bal Thackeray, Shiv Sena & the transformation of India from a Democratic to a Theocratic State

The Venomous Invertebrates Who Live Among Us

A Betrayal of the World’s Largest Democracy

Bal Thackeray the bloodsucking snake who spread his venom through Indian Society is dead, or at least that’s what they say. But for me he is very much alive, not physically of course, but through his dark ideology of snatching away people’s dignity through acts of violence, intimidation and unlawful behavior.

India and fellow citizens of Mumbai will NEED to UNITE and fight back to rightly claim that which belongs to them. Namely, their dignity, peace of mind, and last but not the least their Constitutional Rights guaranteed by the Constitution of India.

Bal Thackeray was nothing but POISON. He was NOT an intellectual person at all. He was and remains nothing but a violent thug and MASS MURDERER just like his idol Adolf Hitler, the Nazi leader of Germany.

His right wing political party the Shiv Sena is nothing more than a group of intolerant, intellectually challenged bigots, thugs and arsonist who think they are above the law of the land. They were only successful in consolidating their power by gaining support and following of like minded people, namely the Marathi speaking people of Maharashtra and neighboring states.

The entire state of Maharashtra and Mumbai its capital and commercial nerve center of the country has been hijacked by the Shiv Sena and their heinous crimes in the name of Hindu religion. The Shiv Sena has divided and ruled and conquered through the impetus of fear and violence.

Decades ago they vented their anger against the Tamils and South Indian migrant workers who came to Mumbai for education, commerce and employment.

Many South Indians did get jobs and stayed ahead of the native Marathi Manoos because they were qualified, hard working and intelligent. On the other hand the Marathi speakers were not educated enough and those who were educated had a very poor command or understanding of the English language which was and still is the universal language in the banking, business, legal and commercial fields / sectors in Mumbai.

Violence was the only language these animals spoke or understood. Later, the Shiv Sena found a new enemy the Gujarati, Jains and Marwaris of Mumbai (f/k/a Bombay), they too faced the same treatment. Shiv Sena extorted millions of rupees every year from industrialist, businessmen and the film industry.

While the politicians, police departments, and many more received a piece of the action. The Marathi speaking citizens of Maharashtra state had accomplished their mission of taking over Mumbai, the golden goose of the country by committing every unlawful act known to humankind. The judiciary was nothing but a puppet and corrupt to the core.

Honest citizens who complained or addressed their grievances to the police found themselves implicated in false police cases, evidence was fabricated and witnesses harassed, many were forced to make false confessions or recant their confessions.

Acts of intimidation, harassment of women and children were routinely carried out by Shiv Sainiks and the police force.

These heinous acts are still carried out in the name of “Aamchi Mumbai“, “Hindu Raj“, “Hindutva” and the “Saffron flag” to this day.

In Maharashtra the Marathi speakers are a majority and their violent acts are encouraged and supported by the Police, Intelligence Bureau (IB) and other state and central intelligence agencies. This has been the case for the past 50 years in Mumbai (Bombay).

The Maharashtra State police force, Mumbai City Police, Intelligence Bureau (IB) and every politician in the past 50 years has been sleeping in the bed made by the Shiv Sena, the Rashtriya Swayamsevak Sangh (RSS), the Hindu MahasabhaBajrang Dal, an affiliate of the RSS and other militant Hindu groups and organizations.

We all remember Sadhvi Pragya Singh Thakur, a Madhya Pradesh-based Hindu nun with deep links to the Hindutva movement,  Sudhakar Dwivedi, and a serving Indian Army Lieutenant Colonel, Shrikant Prasad Purohit, all linked to Abhinav Bharat.

Abhinav Bharat was disguised as an educational trust with Himani Savarkar as its President.

Abhinav Bharat’s long term goal was to overthrow the Indian state and replace it with a totalitarian, theocratic order.

A ‘draft constitution’ spoke of a single-party system, presided over by a leader who “shall be followed at all levels without questioning the authority.”  It called for the creation of an “academy of indoctrinization [sic]”.

The concluding comment was stark: “People whose ideas are detrimental to Hindu Rashtra should be killed.”

Lieutenant Colonel, Shrikant Prasad Purohit received lessons in Hindutva politics at a class for Short Service Commission officer-aspirants at the Bhonsala Military School in Nashik.

The Bhonsala Military School was founded in 1937 by B.S. Moonje, the controversial school drew on fascist pedagogical practices the Hindutva ideologue encountered on a visit to Europe.  Abhinav Bharat held regular meetings on the premises of the Bhonsala Military School.

It may surprise many Indians but from the outset Abhinav Bharat’s  goal to overthrow the Indian Democratic state and establishing a totalitarian theocracy was an open secret at Bhonsala Military School and in some other quarters.

The movement was named Abhinav Bharat after a terrorist group set up by Hindutva militants to fight the British colonials.

Himani Savarkar was the the President of Abhinav Bharat, she is the grandniece of Vinayak Damodar Savarkar, the father of the Hindutva movement and the daughter of Gopal Godse, the brother of  Mahatma Gandhi‘s assassin – Nathuram Godse.

One could say the “apple does not fall far from the tree”. Would you agree?

Related articles  (Copy-Paste links in your browser)

  • Subhash Gatade, The Saffron Condition: Politics of Repression and Exclusion in Neoliberal India ISBN 978-81-8878-975-7

India’s Bio-metric identification system for it’s population.

DSCN7284

080711-M-1391M-020

080711-M-1391M-016

India’s Bio-metric identification system for it’s population.

This is one of the most disturbing fact about the new Biometric identification scheme, proposed by the government of India (GOI). The government wants to literally “tag” every Indian with a “human-dog collar“.

Truly, scary, truly Orwellian in nature.  I wonder what’s next? GOI collecting blood, urine, skin & hair samples, and extracting DNA and other biological and chemical composition from every human body that calls it’s self citizen of India.

Please, click on the link below to access the article in it’s entirety. 

https://thelargestdemocracy.wordpress.com/2012/05/31/india-bio-metric-identification-system-for-the-entire-population-of-india/

RFID passport

Related articles

THE AGE OF REASON?

The Renaissance in Modern India is wanting.

~ author http://www.thelargestdemocracy.wordpress.com

Raja Ram Mohan Roy endeavored to create from t...

Raja Ram Mohan Roy

Raja Ram Mohan Roy endeavored to create from the ancient Upanishadic texts a vision of rationalist modern India.

                                                                                                        

Related articles

INDIA – Know Your Legal Rights Series – (PART 1) – The Constitution of India – THE UNION AND ITS TERRITORY

PART I

THE UNION AND ITS TERRITORY

ARTICLES

1.        Name and territory of the Union

2.       Admission or establishment of new States

2A.   [Repealed.]

3.      Formation of new States and alteration of areas, boundaries or names of existing States

4.      Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental,

          incidental and consequential matters

1.     Name and territory of the Union.—

(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.

2.      Admission or establishment of new States.—Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
2A. [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

3.        Formation of new States and alteration of areas, boundaries or names of existing States.—Parliament may by law—
(a)  form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

3         THE  CONSTITUTION OF INDIA

Explanation I.—In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.

Explanation II. – The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

4.      Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.—

(1)   Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

(2)  No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Read the Preamble to India’s Constitution

https://thelargestdemocracy.wordpress.com/2012/08/19/india-know-your-legal-rights-series-part-1-the-constitution-of-india-preamble/

Related articles

INDIA – Know Your Legal Rights Series – The Constitution of India – Preamble

English: Stupa at the site where Dr. Bhimrao R...

English: Stupa at the site where Dr. Bhimrao Ramji Ambedkar, the chief architect of the Constitution of India embraced Budhism with 500000 peoples. This stup and the gates are modelled on the ancient Stupa at Sanchi, Madhya Pradesh, India. More on Dr. Ambedkar here en.wikipedia.org/wiki/B._R._Ambedkar (Photo credit: Wikipedia)

THE CONSTITUTION OF INDIA

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;
and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Let us educate ourselves on the dangers of fundamentalism in India & around the world.

I am a social activist, who firmly believes in a free democracy, and human rights.

Voting was a lot easier under Adolf Hitler

Voting was a lot easier under Adolf Hitler (Photo credit: tiexano)

My sole objective is to educate the people around the world, especially India, my birthplace, on the rise of government abuses, such as violation of civil rights & the sharp rise in religious fanaticism and right wing movements such as Shiv Sena, a ultra right wing Hindu group which admires & worships ADOLF HITLER. The Government of India (GOI) has done absolutely nothing to curb this menace for the past 50 years.

India has more than 10,000 Hindu and Muslim right wing groups. Each promoting their own dangerous ideology.

Shiv Sena wants to ban everyone from celebrating Valentine’s Day (February 14th). Since, they cannot convince anyone to follow their stupid ideology or share in their dream of  a “Valentine Day Free India” the Shiv Sena took it upon themselves to illegally “policing” the streets, restaurants and bars to enforce their will on the destiny of educated and liberated Indians through acts of violence.

Each of these violent groups work independently and in uni-some to achieve their political goals and objectives through the impetus of fear, intimidation, kidnapping, extortion, rape, murder and so on.

If we as a human race continue to tolerate, dismiss or simply turn a blind eye to these injustices, free democracies such as India will cease to exist as democracies.

The rule of law, freedom of expression, assembly, speech, & religion, among many other freedoms guaranteed by the Constitution of the Republic will no longer serve as the protector of its citizens.

WE must unite & fight criminals, politicians, & internal enemies of the state who hold positions of power in all three branches of our government.

WE must stand united if we want to secure the future of our country. This task is of paramount importance & I urge every man, woman & child to join me. ~ Thank you

Here’s a poster of Shiv Sena protesting the celebration of Valentine’s Day on February 14.

Sskolkata (11)

Sskolkata (11) (Photo credit: Wikipedia)

%d bloggers like this: