What is CAA 2019 ?
- The Act has amended the Citizenship Act, 1955 to give eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014.
- Under Article 11 of the Indian Constitution, Parliament has the power to regulate the right of citizenship by law.
- Entry 17, List 1 under the Seventh Schedule speaks about Citizenship, naturalization, and aliens.
Citizenship Act 1955
- The Citizenship Act 1955 provides ways to acquire citizenship.
- As per the act citizenship can be acquired by
- Birth
- Descent
- registration,
- naturalization
- incorporation of territory into India
- It also regulates registration of OCIs and their rights
Key Provisions of CAA 2019
1. Definition of illegal migrants
- This Act prohibits illegal migrants from acquiring Indian citizenship
- It defines an illegal migrant as a foreigner
- who enters India without a valid passport or travel documents
- who stays beyond the permitted time.
2. Hindus, Sikhs, Buddhists, Jains, Parsis & Christians coming from from Afghanistan, Bangladesh and Pakistan and have entered India on or before December 31, 2014, will not be treated as illegal migrants
- Such migrants will be exempted from
- Foreigners Act 1946 : It regulates exit and entry of foreigners
- Passport (Entry into India) Act 1920 : It mandates foreginers to carry passports
- The legislation applies to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion”.
3. Citizenship by Registration or Naturalisation
- The Act lays down qualification for a person to apply for citizenship by registration or naturalisation
- By Registration
- If a person resides in India for a year
- If one of his parents is a former Indian citizen
- By Naturalisation
- the person must have resided in India or have been in service of the central government for at least 11 years
- The Bill creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan
- for these groups of persons, the 11 years’ requirement will be reduced to five years.
- for these groups of persons, the 11 years’ requirement will be reduced to five years.
- By Registration
- On acquiring citizenship
- such persons will be deemed to be citizens of India from the date of their entry into India
- all legal proceedings against them in respect of their illegal migration or citizenship will be closed
- These provisions on citizenship for illegal migrants will not apply to
- The tribal areas of Assam, Meghalaya, Mizoram, and Tripura
- included in the Sixth Schedule
- Include
- Karbi Anglong (in Assam)
- Garo Hills (in Meghalaya)
- Chakma District (in Mizoram)
- Tripura Tribal Areas District
- The “Inner Line” areas
- which notified under Bengal Eastern Frontier Regulation, 1873
- here movement of Indians are regulated by Inner Line Permit(ILP)
- ILP operates in Arunachal Pradesh, Mizoram, and Nagaland
- The tribal areas of Assam, Meghalaya, Mizoram, and Tripura
4. Cancellation of registration of OCIs
- Central government may cancel registration of OCIs on following grounds
- if the OCI has registered through fraud
- if the OCI has been sentenced to imprisonment for two years or more, within five years of registration
- if it becomes necessary in interest of sovereignty and security of India
- if the OCI has violated the provisions of the Act or of any other law as notified by the central government
- OCI cardholder will be given an opportunity to explain his/her part
Criticism of CAA
- It is violative of Article 14 of the Constitution, which guarantees the right to equality, applicable to both citizens and foreigners.
- The religious basis of citizenship not only violates the principles of secularism but also of liberalism, equality, and justice.
- It will not extend to those persecuted in Myanmar and Sri Lanka, Rohingyas and Tamils respectively
- In northeast India massive numbers of illegal Bangladeshi migrants has triggered deep anxieties
- It contradicts Assam Accord of 1985, which states that illegal migrants, irrespective of religion, heading in from Bangladesh after March 25, 1971, would be deported irrespective of their religion.The CAA has moved the cutoff date for six religions to December 31, 2014, something that is not acceptable to the Assam
- It provides wide discretion to government to cancel OCI registration for both major and minor offences
Arguements in Favour
- The CAA does not exclude Muslims from Pakistan, Bangladesh, and Afghanistan to apply for Indian citizenship. They can still seek Indian citizenship through naturalization with proper documents
- David John Hopkins vs. Union of India (1997)
- the Madras High Court held that the right of the Union to refuse citizenship is absolute and not fettered by equal protection under Article 14.
- Supreme Court also held that the right of a foreigner in India is confined to Article 21 and he cannot seek citizenship as a matter of right.
- The CAA facilitates the claiming of citizenship by illegal non-Muslim immigrants or other persons who are unable to provide proof of residence.
- It considers and helps tackle the persecution of religious minorities for decades in Pakistan, Bangladesh and Afghanistan
- Pakistan, Afghanistan and Bangladesh are Islamic republics where Muslims are in majority hence they cannot be treated as persecuted minorities
- Government has mentioned about the partition of India on religious lines and subsequent failure of the Nehru-Liaqat pact of 1950 in protecting the rights and dignity of the minorities in Pakistan and Bangladesh as the reasons for bringing this Bill.
- There is no political agenda behind this bill, as the government is only concentrating on ending the sufferings of lakhs of persecuted refugees
- After Independence, not once but twice, India conceded that the minorities in its neighbourhood are its responsibility. First, immediately after Partition and again during the Indira-Mujib Pact in 1972 when India had agreed to absorb over 1.2 million refugees. It is a historical fact that on both occasions, it was only the Hindus, Sikhs, Buddhists and Christians who had come over to Indian side.
What was the Assam Accord ?
- The Assam Accord (1985) was a Memorandum of Settlement (MoS) signed between representatives of the Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985.
- Led by All Assam Students Union (AASU) the protestors demanded the identification and deportation of illegal foreigners predominantly Bangladeshi immigrants.
- It followed a six-year agitation that started in 1979.
- The accord brought an end to the Assam Agitation
- As per the Accord
- those Bangladeshis who came between 1966 and 1971 will be barred from voting for ten years.
- the Accord also mentions that the international borders will be sealed and all persons who crossed over from Bangladesh after 1971 are to be deported.
Conclusion
- The major issue with the amendment is that it provides citizenship only to non-muslim immigrants who have live for five years. The government must take necessary steps to promote awareness regarding the features.
- The Government must assure the people of Assam that their linguistic, cultural and social identity would be preserved
- The Rules should be made more transparent in Public
Sumit is Creator and Author at learncrisp.com. He started this learning platform with a mission to emerge as an aspirants resource hub, especially for those preparing in self study mode. He loves writing and his interests are History, Security and Diplomacy.