Professional & Knowledgable Law Team

Thursday, January 22, 2015

India may legalise sex tests to check foeticide: Union Minister

New Delhi: In what may have far-reaching effects, sex determination tests may be legalized for eradicating female foeticide. Union Minister for Women and Child Development Maneka Gandhi stated this while speaking at the concluding session of the two-day national thematic workshop on women and child development here today.
The workshop was held ahead of the launch of the ambitious “Beti Bachao, Beti Padhao programme” by Prime Minister Narendra Modi here tomorrow.
Maneka responded positively to the suggestion of Maharashtra Women and Child Development Minister Pankaja Munde making sex determination tests mandatory as it will help in checking female foeticide. She said she would consider and give it a practical shape.
Maneka said, “Instead of harassing gynaecologists, if we could somehow make it legal, it would be more sensible in checking female foeticide.”
Earlier, Pankaja Munde suggested that sex determination tests should be made mandatory as it would be easy to keep an eye on women and in case of abortion for getting rid of a female child, they should be punished.
Currently, sex determination tests are illegal under the PNDT Act. Several doctors across the country have been booked under this Act for determining sex of the unborn during pregnancy.
“Women development might get a boost if 33 per cent reservation for women in police is ensured and if national commission for women is given judicial powers. I have made these two demands after becoming a minister and these are still pending”, Maneka said.
Earlier, experts spoke on a number of topics, including violence against women, nutrition and health, improving child sex ratio and importance of girl child.
Haryana Women and Child Development Minister Kavita Jain, her Rajasthan and MP counterparts Anita Baghel and Maya Singh, respectively, also expressed their views.
National Commission for Women Lalita Kumaramanglam said women themselves were responsible for their plight and men could not be squarely blamed for this.
"We need to educate girls and impart them skills. Most importantly, it is in our hands to empower women," she said, adding that the BJP government would pass the Women's Reservation Bill even if it does not happen in the budget session beginning next month.

Dual Citizenship India? - OCI

The constitution of India does not allow Indian citizenship and citizenship of a foreign country at the same time. India does not offer dual citizenship. Many  nonresident Indians were left with the impression during the last two years that the government of India had decided to grant dual citizenship. Instead of Dual  citizenship, India offers a lifelong visa and has cleverly called it Overseas Citizen of India (OCI). Many Indians are confusing this with dual citizenship. 

Those applicants who are granted OCI receive a lifelong multiple entry visa stamp on their foreign passports and a registration booklet that looks like a  passport but cannot be used as a travel document. Holders of OCI must travel using their foreign passports.

Benefits allowed to OCI:        
•Multi-purpose, multiple entries, lifelong visa for visiting India.
•Exemption from registration with local police authority for any length of stay in India.
•Parity with NRIs in respect of economic, financial and education fields, except in matters relating to the acquisition of agricultural/plantation properties.•Parity with non-resident Indians on inter-country adoption
•Parity with resident Indian nationals in domestic airfares
•Parity with Indian nationals in entry fees for national parks and wildlife sanctuaries.
•Pursuing professions in India in pursuance of the provisions contained in the relevant act.
Professions such as: Doctors, Dentists, Nurses, Pharmacists, Advocates, Architects, Chartered Accountants

Those who get OCI should realize that:
1.They do not get an Indian passport. The passport type of document issued to OCI recipients is NOT a valid passport and cannot be used for travel.
2.Have no right to vote in India.
3.Cannot run for political office.
4.Cannot be appointed as a high court/supreme court judge

Purchase of Agricultural land in India:
Another myth is that OCI holders can buy agricultural land. OCI holders simply by getting OCI are not entitled to purchase agricultural land in India. OCI holders, permanently living in India also come under the same rules as other residents. Many people are not aware that in some Indian States, even Indian citizens cannot buy agricultural land unless they qualify themselves as farmers or go through several other formalities. 

Many Indians do end up buying agricultural lands by getting the land use changed. This is quite common for agricultural lands that are on main roads or near roads. As construction spreads to the outer areas of cities, the price of agricultural land bordering roads is shooting up, especially if the land use can be successfully changed from agricultural to commercial.

The main benefit of OCI is a lifelong visa. Holders of OCI also are exempt from registering with the police regardless of the duration of stay in India.

VOTING RIGHTS FOR NRIS?
Some news reports indicate that the government of India is presently considering allowing Non Resident Indians to vote. This has led many residents of Indian descent, who are presently settled abroad to think that one day they may be allowed to vote in India.

Some former Indian citizens who are presently settled abroad and have acquired citizenships of the countries they are living in, have a misconception that they are still non-resident Indians. Some of these people still believe that they would still be classified as non resident Indians and perhaps allowed to vote if NRI’s getting voting rights in the future.  Those Indians who have taken foreign citizenship will not be eligible to vote as they would be considered as foreign citizens.

Update: NRIs residing abroad can now vote in Indian elections. They can register as voters at the nearest Indian consulate. Contact the Indian consulate serving your area of residence for more information. 

Comparing OCI with PIO card. Persons of Indian origin who have acquired foreign citizenship are eligible to apply for a PIO Card or an OCI card. The PIO card scheme was launched earlier than the OCI card scheme and those who already hold PIO cards, can opt to apply for OCI at a reduced fee. There are some minor differences in the eligibility, procedure, cost and the benefits/restrictions between OCI and PIO card. Listed here are some of the differences between PIO and OCI so as to make it easier to compare PIO and OCI status.
*Source: http://mha.nic.in/pdfs/oci-chart.pdf