Seema Ghulam Haider: A Pakistani female infiltrator? Legal aspects of her presence in India


Seema Ghulam Haider, this name has become the headlines of the country these days. Seema Ghulam Haider is a Pakistani Muslim and illegal infiltrator.
The story starts like this, ‘since last three years Sachin of Greater Noida and Seema both met on online gaming platform, befriended online, friendship turned into love and one day she moved from Karachi to Delhi with her 4 children and Started living like a wife with Sachin.
Greater Noida Police arrested them later on Local Court gave them bail with few of conditions.
There are many questions in this story of four lines. Which is a clear violation of India’s security and constitutional provisions. The story also challenges the Citizenship Amendment Act and the Indian Passport Amendment Act 2019. According to the Citizenship Act ‘Any Pakistani or foreign national who intrudes into India without valid visa and travel documents can be punished with imprisonment of 2 years to 8 years and fine of Rupees 10 thousand.’
Clause H of Rule 4 Sub Rule 1 of the Indian Passport Act states that religious minorities from Pakistan and Bangladesh, including Hindus, Sikhs, Jain-Buddhists, Christians and Parsis, if they have come to India and seek citizenship here If so, they will be given Indian citizenship. It is worth noting here that there is no provision to give citizenship to the Muslims of Bangladesh and Pakistan.
Thus, it is proved that Seema Ghulam Haider, a born Pakistani Muslim citizen, is a foreign infiltrator. Who has illegally exploited Article 7 of Indo-Nepal Treaty of Peace and Friendship 1951 also. According to the visa policy of Nepal, a citizen of any country can come to Nepal with a valid passport and can obtain a tourist visa for a maximum period of 150 days. Chinese and Pakistani citizens are often able to infiltrate into India from Nepal by taking tourist visa in Nepal.
Seema Ghulam Haider, is not the first example. Earlier on January 23, 2023, Iqra, a resident of Pakistani Hyderabad, was arrested by security agencies from Bangalore. Iqra had also crossed the Nepal border and reached Bangalore. She also fell in love with Prayagar (UP) resident Mulayam Singh Yadav through an online game. Iqra was deported to Pakistan on 19 February itself.
The question arises why Seema Ghulam Haider cannot be given Indian citizenship. Because she is outside the definition of ‘Entry in India Act 4 sub-rule 1 section h-a’. Seema Ghulam Haider is not a religious minority citizen in Pakistan. Some people may also raise the question that when Adnan Sami (Pakistani Singer) was given Indian citizenship then why not Seema Ghulam Haider. The answer is, ‘Adnan Sami came to India for the first time on 13 March 2001 on a visitor’s visa. After this, the duration of his visa kept increasing. His passport expired on 26 May 2015. The Government of Pakistan did not renew his visa. After this Adnan Sami applied for asylum to the Government of India. Looking at his circumstances, the Government of India granted Indian citizenship to Adnan Sami according to the provisions of the law. While amending the Citizenship of India Act, the Government of India has said that any foreign national, whether Pakistani, if he has been living in India continuously for 11 years and fulfills the conditions of the third schedule of this law, he can become a citizen of India. Seema Ghulam Haider may have fallen in love with an Indian but she does not fulfill the conditions of the citizenship law. According to Indian law, she should be kept in the Detention Center in Delhi instead of living in the house of an Indian with certain conditions. Indian agencies should also treat Seema Ghulam Haider the same way they treated illegal Chinese immigrants living in Greater Noida and Pakistani Iqra was living in Bengaluru .