Citizenship Amendment Bill 2019
This article talks about citizenship, its importance and law of India which grants citizenship. It also discusses about the proposed amendment in Citizenship act 1955 through Citizenship Amendment Bill 2019 (CAB) with the purpose of granting citizenship of India to the religious persecuted non Muslim minorities from three neighbouring countries.
Introduction
Importance of Citizenship
Constitutional Provisions for Indian Citizenship
Citizenship Act 1955
Citizenship Amendment Bill 2019
Criticism
Arguments Supporting Citizenship Amendment Bill 2019
Stand of Government of India
Conclusion
Introduction
Citizenship is a relationship between an individual and state. According to polity, a state has essential four components which are its human resources, a defined territory, government and sovereignty. Without humans, no state can be established. It is only the people for which a state is build up. Thus, people are granted citizenship to enable them to seek services of government.
Importance of Citizenship
Just like parents take care of their children, in the same way, a state has the responsibility to take care of its citizens. In words of famous philosopher John Locke, government acts like god on earth. According to him, God created world and humans set up the government for running this world. Thus, state is duty bound to maintain peace, law and order. It has responsibility towards well being of its citizens. This is the citizenship, which provides recognition of the connecting link between an individual and associated state. If a person is a citizen of a state, he or she can claim benefits of the services provided by the government of that state.
Constitutional Provisions for Indian Citizenship
India grants single citizenship to its citizens. All citizens are Indians. They do not have separate citizenship of the province in which they reside. Indian constitution has certain provisions of granting citizenship. Though, Indian constitution does not directly define citizenship, but there are articles in part 2 of the constitution which describes those who are citizens of India and those who can apply for Indian citizenship. The articles 5 to 11 are described here.
Article 5 – It deals with citizenship at the time of commencement of the constitution.
Article 6 – It is related to granting citizenship to those who migrated from Pakistan to India.
Article 7 – It is associated with citizenship of those migrated to Pakistan.
Article 8 – This article is concerned with the citizenship of Persons of Indian origin who resides outside India.
Article 9 – It denies the citizenship to those people who voluntarily acquire the citizenship of any other state.
Article 10 – This article is associated with the continuity of right of citizenship as per the provisions of Part 2 subjected to the law made by Parliament of India.
Article 11 – This article enables the parliament to regulate Indian citizenship by making legislation.
Indian constitution gives exclusive jurisdiction of citizenship to Indian Parliament. The subject of citizenship is tabulated in Union List under Schedule seven of Indian constitution. This means that only parliament can make law regarding citizenship. No state assembly or any other legislative body has the right to do so.
Citizenship Act 1955
Using the constitutional power, parliament of India enacted a law to regulate citizenship in India. This law is popular as Citizenship Act 1955. The law has provisions for acquisition of Indian citizenship and grounds for loosing Indian citizenship. The ways of acquisition of Indian citizenship are Birth, Descent Registration and Naturalization. The grounds for loosing Indian citizenship are renunciation, termination and deprivation.
Citizenship Amendment Bill 2019
The bill for amendment of Citizenship act 1955 was also introduced in the July 2016 in Lok Sabha (Lower house of Parliament). It passed in January 2019. But it could not be introduced in Rajya Sabha (Upper house). Now, in December 2019, a new attempt is made and bill is introduced again in Lok Sabha. The features of Citizenship Amendment Bill 2019 are:
- Citizenship Amendment Bill 2019 has the objective of granting citizenship to Non-Muslim religious persecuted minority communities who migrated to India for seeking refuge.
- The grant of citizenship is applicable for only six religious communities namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians and only three countries namely Pakistan, Bangladesh and Afganistan.
- The amendment seeks to fast track the process of acquisition of citizenship by naturalization by reducing the stay period from 12 years to 6 years. It suggests that if a person is residing in India for at least last six years, the subject is able to apply for Indian citizenship.
- The bill proposes extension of cut off date from 24th March 1971 (date of birth of Bangladesh) to 31st Decemeber 2014. This means those migrants who entered India for seeking refuge before 31st Decemeber 2014 will be allowed to apply for Indian citizenship.
The commitment of current government to give citizenship to these stateless people living in India for generations, is supposed to be upholding by this bill. These people who came to India to seek asylum when they faced persecution on the ground of religion in their own country are still unsettled. Though the intention seems to be good but there are some doubts causing criticism of the bill by opposition, civil society and various stakeholders.
Criticism
Citizenship Amendment Bill 2019 is facing serious criticism due to certain issues discussed ahead:
Violation of Constitutional Values
The bill is highlighted by media as a clear violation of Article 14 of Indian constitution. Article 14 guarantees equality to both citizens and non citizens. Why Muslims are not included. This exclusion is being viewed as an effort to make Muslims, a group of second class citizens in their own country.
Blame on Government to make India a Hindu Nation
It is alleged by many opponents that the government of India is trying to make India a Hindu nation by excluding Muslims.
Why Religion is a Ground of Citizenship?
It is questioned by opponents why religion is taken as a ground for giving citizenship? They argue that religion cannot be the base of any discrimination and this bill is discriminatory. Why other religious communities are not included like Ahmedias from Pakistan, Rohingyas from Myanmar?
Why Selective Countries?
The bill is criticized on the argument that why only three countries are selected. Why Myanmar, Nepal, Sri Lanka etc. are not included?
Security Concern
It is challenging to identify the refugees and in name of refuge, illegal immigrants with wrong intentions can get a legal permission to stay in India. They can pose threat to internal security of India.
Protests by North Eastern States
In past, several immigrants from Eastern Pakistan (present day Bangladesh) entered in India before independence of Eastern Pakistan. They entered in North eastern states of India due to geographical proximity. This led to economic pressure, fear of loss of identity of native communities; fear of natives for turning in to minority in their own area; rise of socio ethnic tensions and emergence of several insurgent groups. Government of former PM Rajiv Gandhi made a settlement with AASU (All Assam Students Union) called "Assam Accords" and promised them to segregate the migrants for ensuring the rights of natives of Assam. The agreement demanded updating NRC (National Register of Citizens) and deporting illegal immigrants. This Citizenship Amendment Bill seems to be in clash with the promise of former government. The states of Assam, Manipur, Meghalaya, Nagaland and West Bengal are witnessing opposition for this bill. However, Barak valley of Assam is supporting Citizenship Amendment Bill due to large population of Bengali speaking Hindus.
Arguments Supporting Citizenship Amendment Bill 2019
Citizenship Amendment Bill 2019 can be supported on the basis of following arguments:
- As per Indian constitution, existing citizens of India cannot be discriminated but vesting citizenship is different. State has right to impose restrictions while granting citizenship. It has right to introduce its discriminatory filters and terms. Thus, article 14 is not violated.
- State has right to apply its security considerations before it applies the principle of non-refoulement. Thus, Rohingyas are not included in the bill.
- Religion is the basis of this selection. Since religion itself is the cause of persecution in these countries; and if it is not allowed to become the base of granting citizenship selectively, it tantamount to not allowing a religious persecuted person to disclose the cause of his or her persecution.
Stand of Government of India
The government of India has its firm stand in favour of this bill. The government assures that no person is required to worry whether they have or not have documents to prove their ancestry. No discrimination will be done to Muslim. They are part of India and will be treated equally. The government has also advocated NRC strongly. The whole purpose is to distinguish refugees from intruders.
Conclusion
India needs to make a balance between its constitutional promises made to north eastern states for protection of their identity and its civilization duties to the people being persecuted in neighbourhood. It is also being suggested that government should share the burden with those states of India who are in a better position and who are able to absorb the refugees.
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