Why Khalid's family can't stay together

NEW DELHI: The very law that introduced the provision of dual citizenship in 2003 for persons of Indian origin settled in developed countries works harshly on Bangladeshi migrants, proven or suspected.
If autorickshaw driver Mohammed Khalid's younger son is now in danger of being deported while his elder son has been recognized as an Indian citizen, it is because one of the stated objectives of the Citizenship Amendment Act 2003, piloted by the then home minister L K Advani, was "to prevent illegal migrants from becoming eligible for Indian citizenship".
It sought to achieve this objective by overturning a 1986 provision, which conferred citizenship by birth on every person satisfying two conditions: that he or she was born in India and either of whose parents was an Indian citizen at the time of his or her birth.
In the case of those born in India on or after 2003, the new law made the second condition more stringent. It was not enough any longer for one of the parents to be an Indian citizen. More importantly, the other parent should not be an "illegal migrant". Though it is couched in general terms, the tightening of the second condition is clearly targeted at those suspected to have migrated from Bangladesh in large numbers.
This is how the amended Section 3 is worded: "Every person born in India on or after the commencement of the Citizenship (Amendment) Act 2003, where (i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth."
The same law defines an illegal migrant as "a foreigner who has entered into India (i) without a valid passport and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time".
Since Khalid's wife has been found to be a illegal migrant (read Bangladeshi), his son, born as he was after 2003, does not fulfil the second condition for citizenship by birth that one of the parents should not be an illegal migrant.