Category Archives: intellect

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Government of India Act, 1935 (as originally enacted); and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.

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Poem by Martin Niemoller – German Pastor & Theologian

Poem is by Martin Niemöller was a German pastor and theologian born in Lippstadt, Germany, in 1892. Niemöller was an anti-Communist and supported Hitler’s rise to power at first. But when Hitler insisted on the supremacy of the state over religion, Niemöller became disillusioned. He became the leader of a group of German clergymen opposed to Hitler. Unlike Niemöller, they gave in to the Nazis’ threats. In 1937 he was arrested and eventually confined in Sachsenhausen and Dachau. His crime was “not being enthusiastic enough about the Nazi movement.” Niemöller was released in 1945 by the Allies.  

His  statement, sometimes presented as a poem, is well-known, frequently quoted, and is a popular model for describing the dangers of political apathy, as it often begins with specific and targeted fear and hatred which soon escalates out of control.

First they came for the communists, and

I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for me
and there was no one left to speak out for me”.

180 px

180 px (Photo credit: Wikipedia)

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

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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

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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.

                                                                                                        

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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.

A humble appeal to my fellow Indians

More violence in the name of God, community and religion took place in Mumbai.

Why can’t we all just get along?

How many more people need to be killed?
How many more mother’s have to loose their children?

How many more children have to loose their parents?

How many more spouses have to loose their partners?
Before we all can UNITE under the tricolor flag of India.If India can find ways and means to launch satellites, travel in space, build one of the most advanced missiles in the world & aspire to send a man to the moon in the next decade, such HIMALAYAN dreams can only be achieved by India by solving the most difficult problems in pure mathematics, engineering, astrophysics, chemistry, aeronautics and other scientific and social disciplines.

This truly shows that we are a nation of hard working intellectuals, who are open minded and ever ready for adventure and learning new things in life.

However, we are absolutely blinded by the subject of religion. India’s BIGGEST challenge of curbing communal disharmony, heinous acts of violence in the name of God is its inability to recognize that the true message of religion is HUMANITY.

We humans should start believing in HUMANITY more than what the good book teaches, because the very essence of loving GOD is to love & serve HUMANITY.

End the violence now and forever, speak up & hold our government officials and community leaders accountable for their lack of  integrity and understanding.

Let us all join hands and promise ourselves to respect each others views and religious beliefs even when they are in different than our very own, promise to respect each other’s Constitutional rights & to uphold the law.

Please, let us all get together and help India grow and transform into a more tolerant, civil & peaceful nation looked upon, well respected and admired by other countries of the world.Thank you
Author ~ https://thelargestdemocracy.wordpress.com/

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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)

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