Mandatory renunciation of Indian citizenship sign now

To: Prime Minister's Office, India
Dr. Manmohan Singh
Prime Minister of India
New Delhi

I would like to draw your attention to forced renunciation of so called Indian citizenship by Government of India. How does one renounce Indian citizenship that one does not have upon acquiring any other country's citizenship. Also this renunciation is being forced by Indian Government when you apply for Indian visa/PIO or OCI card. If Indian passport needs to be surrendered to prevent misuse, there should be Passport Surrender Form designed by Indian government and not this forced and mandatory renunciation of Indian citizenship, the citizenship which one does not have in first place.

Renunciation or Termination of Indian Citizenship

Section 8 of Indian Citizenship Act 1955 talks about renouncing Indian citizenship by a person having dual citizenship, citizenship of India and of another country.

Renunciation of citizenship

Section 8. If any citizen of India of full age and capacity, who is also a citizen or national of another country, makes in the prescribed manner a declaration renouncing his Indian citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India: Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs.

So, who is to renounce citizenship: any citizen of India who is also a citizen or national of another country. No person of Indian origin in the US, Canada or any other country has ever been a citizen of India and at the same time citizen of some other country, i.e., dual citizen. So, if persons of Indian origin in the US, Canada, etc. are not holding two citizenships simultaneously, what are they supposed to renounce.

Section 9 of Indian Citizenship Act 1955 talks about Indians losing Indian citizenship on acquiring citizenship of the country of their residence.
Section 9.

Termination of citizenship. Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India.

The citizenship of India is terminated on acquiring citizenship of US, Canada or any other country as per Section 9. So, no dual citizenship, no renunciation.

And where does it say (in Section 9) that the newly naturalized person is to fill any form for automatically terminated citizenship. Section 8 however says, prescribed manner a declaration renouncing his Indian citizenship but it is for people who hold two citizenships simultaneously. Persons of Indian origin who voluntarily acquire citizenship of any other country are covered under termination of citizenship under Section 9.

The Indian Consulate form for "Renunciation of Indian citizenship" starts with "Declaration of Renunciation of citizenship made by a citizen of India who is also a citizen or national of another country." Why Indians who ceased to be Indian citizens on naturalization or acquiring citizen of any other country, are required to fill this form. This form is for those who are Indian citizens as well as citizens of any other country.

If the idea is to put stamp of cancellation on the old Indian passport, a new form has to be designed. Surrendering passport, valid or invalid, should not be a problem then.

Anybody who is signing the current form to renounce Indian citizenship is doing so incorrectly and maybe illegally. It amounts to renouncing something which a person does not have.

If the Government of India is considering Indians who got naturalized or acquired some other countrys citizenship, as citizens of India, why those people have to apply for a visa to go to India? Indian citizens living abroad do not require any visa to visit or go back to their own country. Also this renunciation is mandatory or forced by Government of India and not under ones own free will and it is not voluntary, i.e., it is mandatory to fill this form if you are a person of Indian origin and want visa to travel to India.

I would like you to reconsider this decision of mandatory renunciation of Indian citizenship that one does not have in the first place.

Thank you.

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    Country uk Jesus is rauvan, allah is kumbhkarn, nanak is meghnath, yahweh is shrupnakha, sonia gandhi is tadaka & maneka gandhi is rakshashi.
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  • 07 December 201428. Pam K
    Country USA I have been here since i was 8 years old. I am now 44 years old. I have believe no other government allows this type of faulty process. Not sure why US would allow Indian goverment to do this to American Citizens. This is just harassment.
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Noreen HartmanBy:
City LifeIn:
Petition target:
Prime Minister of India

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