CITIZENSHIP AMENDMENT ACT – POLITY

News: Centre seeks six more months to frame Citizenship Amendment Act rules

 

What's in the news?

       The Union Home Ministry has sought another extension of six months to frame the rules of the Citizenship (Amendment) Act, 2019 (CAA), without which it cannot be implemented. This is the seventh such extension sought by the Ministry.

 

Key takeaways of CAA, 2019:

Provision of citizenship:

       The Act, which was passed in 2019, fast tracks the citizenship of people from the Hindu, Sikh, Parsi, Christian, Buddhist and Jain communities from Pakistan, Afghanistan and Bangladesh who entered India before December 31, 2014, without any documents.

 

Relaxations:

       Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalization is that the applicant must have resided in India during the last 12 months, as well as for 11 of the previous 14 years.

       The amendment relaxes the second requirement from 11 years to 6 years as a specific condition for applicants belonging to these six religions, and the aforementioned three countries.

 

Exemption:

       Most parts of the northeastern states are exempted from the Act. The tribal areas of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the States of Arunachal Pradesh, Mizoram, Nagaland and Manipur are exempted from provisions of the Act.

       The undocumented migrants who will be deemed Indian citizens through the Act will not be able to settle down in the exempted areas.

       The CAA exempts the members of the six communities from any criminal case under Foreigners Act, 1946 and Passport Act, 1920, which specify punishment for entering the country illegally and staying on expired visas and permits.

Issues with CAA, 2019:

1. Country of Origin:

       The Act classifies migrants based on their country of origin to include only Afghanistan, Pakistan and Bangladesh.

2. Other religious minorities ignored:

       It is unclear why illegal migrants from only six specified religious minorities have been included in the Act.

3. Defiance of purpose:

       India shares a border with Myanmar, which has had a history of persecution of a religious minority, the Rohingya Muslims.

4. Date of Entry:

       It is also unclear why there is a differential treatment of migrants based on their date of entry into India, i.e., whether they entered India before or after December 31, 2014.

5. Against the spirit of Secularism:

       Further, granting citizenship on the grounds of religion is seen to be against the secular nature of the Constitution which has been recognized as part of the basic structure that cannot be altered by Parliament.

6. Issues in North-eastern states:

       The prospect of citizenship for massive numbers of illegal Bangladeshi migrants has triggered deep anxieties, including fears of demographic change, loss of livelihood opportunities, and erosion of the indigenous culture.

 

Significance of the Act:

1. Benefit non-Muslims:

       There are apprehensions that the CAA, followed by a country-wide compilation of the National Register of Citizens (NRC), will benefit non-Muslims excluded from the proposed citizens’ register, while excluded Muslims will have to prove their citizenship.

2. Religious persecution:

       The Bill aims to grant citizenship to minorities who have faced religious persecution in Muslim-majority foreign countries.

3. Partition:

       The Bill is righting the wrongs of history by granting refuge to the sons and daughters of “Ma Bharti”, who were left stranded by Partition.

4. Fixing the error:

       It has linked the passage of the Bill with a nationwide National Register of Citizens (NRC), suggesting that even if the Assam NRC erred in leaving out some non-Muslims, the Citizenship (Amendment) Bill would fix the error.

 

WAY FORWARD:

       India is a constitutional democracy with a basic structure that assures a secure and spacious home for all Indians.

       Being partitioned on religious grounds, India has to undertake a balancing act for protecting the religious minorities in its neighbourhood. These minorities are under constant threat of persecution and vandalism.

       India needs to balance its civilization duties to protect those who are prosecuted in the neighbourhood.