Is there any legal problem for expelling the childrens (born in india) of illegal bangladeshi immigrants?

Question

In assam millions of bangladeshis have immigrated illegally. We can deport/expell the illegal immigrants as per law if proved. I want to know if childrens born to these illegal immigrants become indian citizens automatically or we can deport them also.

Answer 1

Read this section 3(1) of the Citizenship Act,1956 as amended by Citizenship (Amendment) Act, 2003 :- Except as provided in sub-section (2), every person born in India—

(a) on or after the 26th day of January, 1950, but before the 1st day of July,

1987;

(b) on or after the 1st day of July, 1987, but before the commencement of

the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen

of India at the time of his birth;

(c) 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.

(2) A person shall not be a citizen of India by virtue of this section if at the time

of his birth—

(a) either his father or mother possesses such immunity from suits and

legal process as is accorded to an envoy of a foreign sovereign power accredited

to the President of India and he or she, as the case may be, is not a citizen of

India; or

(b) his father or mother is an enemy alien and the birth occurs in a place

then under occupation by the enemy. Hope this provision of law has answer to your question.