While protests have been broken out across India, a few of them violent, against the Citizenship (Amendment) Act 2019, it is important to know the in and out about the act. The act that seeks to amend the definition of an illegal immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. According to the act, they will be granted fast track Indian citizenship in six years. So far 12 years of residence has been the standard eligibility requirement for naturalisation.
Let us start with the Supreme Court’s verdict on the same. On the first hearing on petitions challenging the CAA, the Supreme Court declined to stay the contentious law but asked the Centre to file its reply against the petitions that say it violates the Constitution. According to the petition the Bill discriminates against Muslims and violates the right to equality enshrined in the Constitution. Here’s what actually it is:
To Whomsoever It Applies:
The act is applicable to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion”. The act aims to protect such people from proceedings of illegal migration. The cut-off date for citizenship is December 31, 2014, which means the applicant should have entered India on or before that date.
- Under the present law, Indian Citizenship is given either to those born in India or if they have resided in the country for a minimum of 11 years
- The Bill Also Proposes to Incorporate:
Sub-section (d) to Section 7– Providing for cancellation of Overseas Citizen of India (OCI) registration where the OCI card-holder has violated any provision of the Citizenship Act or any other law in force.
Centre’s Logic on the Bill:
If we talk about the centre’s point of view for implementing the bill, it is that these minority groups have come escaping persecution in Muslim-majority nations. However, the bill does not protect all religious minorities, nor does it apply to all neighbours.
The Northeast Region Covered:
The Citizenship Amendment Bill won’t apply to areas under the sixth schedule of the Constitution – which deals with autonomous tribal-dominated regions in Assam, Meghalaya, Tripura and Mizoram. It will also not apply to states that have the inner-line permit regime (Arunachal Pradesh, Nagaland and Mizoram).
Assam’s Disagreement:
The outrage against CAB has been the most intense in Assam in comparison with other states. While CAB does not apply ob few of these states, it implies over a large part of Assam. The protests came from the fear that illegal Bengali Hindu migrants from Bangladesh if regularised under CAB, will threaten cultural and linguistic identities of the state.
CAB Vs NRC:
The National Register of Citizens (NRC) that we saw in Assam targeted illegal immigrants. According to the act, a person had to prove that either they or their ancestors were in Assam on or before March 24, 1971. NRC, which may be extended to the rest of the country, is not based on religion
Government’s Move:
The President gave his assent to the Citizenship (Amendment) Bill, 2019, on December 12, a day after it was passed by the Rajya Sabha. However, the home ministry has yet to notify the rules to operationalise the law. The notification of rules may now have to wait as a decision in this regard will be taken after seeking experts’ experts’ advice since the matter is sub judice before the Supreme Court.
Further Happenings:
The petitions against the Act are listed for hearing on January 22. In case experts feel that the rules can be challenged on legal grounds, the government will wait till January 22. Since the apex court did not clamp a stay on CAA, the home ministry could notify rules about who all can apply for citizenship, notify the authority and state minimum requirements and cut-off date.
While Citizenship Amendment Bill has been not too much welcomed in the country, it has created a large number of protests, a few violent ones as well. We hope peace and prosperity for the country and the government to resolve the issue soon.
