Citizenship and Related Issues

Government seeks law on Rights of Foreigners

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Citizens vs aliens rights

Mains level : Rights of foreigners debate, CAA, NRC

The Union government has urged the Supreme Court to help lay down a law with a “long–lasting” implication for the country on the subject of Foreigners’ Right to approach local courts for relief after violating their visa conditions.

Why in news?

  • The government’s request came during the hearing of petitions filed by foreign nationals who were charged with violating COVID-19 guidelines by participating in a religious congregation in New Delhi during peak COVID outbreak.

Citizens vs. Foreigners Rights

Fundamental Rights available to both Citizens and Foreigners (except enemy aliens)

Fundamental Rights Available Only to Citizens of India

  • Article 14 – Equality before the law and equal protection of laws
  • Article 20 – Protection in respect of conviction for offences
  • Article 21 – Protection of life and personal liberty
  • Article 21A – Right to elementary education
  • Article 22 – Protection against arrest and detention in certain cases
  • Article 23 – Prohibition of traffic in human beings and forced labour
  • Article 24 – Prohibition of employment of children in factories etc
  • Article 25 – Freedom of conscience and free profession, practice and propagation of religion
  • Article 26 – Freedom to manage religious affairs
  • Article 27 – Freedom from payment of taxes for promotion of any religion
  • Article 28 – Freedom from attending religious instruction or worship in certain educational institutions
  • Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
  • Article 16 – Equality of opportunity in matters of public employment
  • Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business
  • Article 29 – Protection of language, script and culture of minorities
  • Article 30 – Right of minorities to establish and administer educational institutions

 

 

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