In section 2, in sub-section (1), in clause (b), the following provision shall be inserted, “Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before December 31, 2014, and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act.”
Now let’s understand the following things about the bill that we must know, the ruling government says this Act has a reasonable classification and it’s not violating Article 14 of the Indian constitution.
But, it is my view that this bill, now and Act, is giving a ‘legal colour’ to the Two-Nation theory. Religion cannot be a factor for granting citizenship, and that has been rejected by the Indian Constitution.
There are four concepts that we must understand, which form the basis of citizenship:
1. Born in the territory of India.
2. My parents were born in Territory of India (descent).
3. That I am an ordinary resident in the territory of in India.
4. Citizenship by Registration.
There is no any other basis on which citizenship shall be granted, but there is a provision in the Indian Constitution that, if someone was not born in the Republic of India after the commencement of the Indian Constitution, that if your parent was born in the India of 1935, i.e. Undivided India, then you shall be a citizen of India. But, that is not the only condition for you to be an ordinary resident in the territory of India. So being a ‘bonafide’ resident is an essential element for being a citizen.
For those who came after July 19, 1948, they had to file an application before the appropriate authority in that application before they have filed it the shall have been a resident of for the last 6 months before, so that’s the basic in the foundation of Citizenship.
Under Article 11 of the Indian Constitution, that says through Another Act, through the law made by Legislation Somebody Can acquire Citizenship or Terminate Citizenship, and for that we Have Citizenship Act 1955, And there is interesting provision in the Citizenship Act 1955 That Says that if you were born in the territory of India from January 26th 1950 to July one 1987 you shall be Citizen of India If you born within the territory of India from 1 July 1987 to the 2004 , if one of your parents is of Citizen of India, if you born after 2004 if one of your parent is of Citizen of India than you shall be a citizen of India and other is not illegal migrated. So that’s the Condition for Citizen of India given under Citizenship Act 1955, that’s the condition if one of you spouses is illegal migrated you can’t be a citizen of India.
Now if we see the Amendment what Amendment has been brought by The Ruling Government just look at this The Amendment says “Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act.
Now the foreigners Act deals with the people who have been declared foreigners, and the Passport (Entry into India) Act deals with the people who have entered India without valid documents. And the Ruling government’s contention is that they have been religiously persecuted now look upon the Amendment there is no any single word that talks about religious persecution, where is the provision for the persecution in the amendments Act 2019.
For example if a man came from Bangladesh or from Pakistan or from Afghanistan, into India in 1972 and he is been illegal migrant till the date how will you prove that he has been persecuted unless he says he has been persecuted do we have any law here regarding which syas that you apply n say that you have persecuted n he shall be granted citizenship.
Now if these peoples are illegal immigrate on what basis the ruling government can say they have been persecuted, There are also many illegal immigrate who were also come who were also a illegal immigrate so the Government can discriminate between one illegal immigrate and other illegal immigrate in the same circumstances. and the government is saying that one illegal immigrate is religiously persecuted n other one is not .
Let’s say a example if a man who came to India from Pakistan, Bangladesh or Afghanistan, in 1972 and he is having 4 Childs and he has died n right now he is not at present, n his children are saying give us Citizenship now how they will get citizenship even his father never said that he has been persecuted n he can’t say right now because he is died, now how their childrens will get citizenship on what basis they will get citizenship, so as per this bill they have to tell lie that they have been persecuted even they have not.
There are many Hindus who have said in their legacy paper that they are from Indian n they applied for citizenship, n this bill is forcing them to tell a lie that they have been persecute. These things is clearly violation of Article 14.
Also another clause has been inserted in the citizenship Act 1955 In the Third Schedule in clause (d), the following proviso shall be inserted, namely:— ‘Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in
Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as “not less than five years” in place of “not less than eleven years. talks about the period of granting the citizenship that these 6 category Hindu, Sikh, Buddhist, Jain, Parsi or Christian, there shall be 5 year for granting them citizens if they entered on or before 31th December 2014.
Now if we see this clause is it not discriminatory for other illegal migrated they also came to Indian illegally they also have right to be treated equally Under Article 14 Of the Indian constitution because the Indian constitution provides equality before law n equal protection of law for everyone no matter they are citizen or not, the Word person that has been used in the Indian constitution that indicates both citizen n non citizen both as well.
But here the legislation through this Amendment bill 2019 favouring a particular group of illegal migrated who belong to that 6 group of religion. N excluding other illegal migrated on the basis of Religion that is clear violation of Article 14 n Secular character of Indian constitution.
N state cannot favour any religion, n the citizenship shall not be granted on the basis of religion that already has been rejected by the makers of the constitution. There also one more clause 6B(3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him: Provided that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the Central Government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section: Provided further that the person who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he was entitled on the date of receipt of his application on the
ground of making such application. That talks about abated of pending case with relating to illegal migration those who falls
within that 6th religion, what about others at the same point you are saying to a particular group of religion to get citizenship by saying that you have been persecuted even though they not.
And at the same point of time you are saying to other illegal migrated who are not from that 6th religion they need to go with proper due process of law to one you are giving 5 years only n the other one’s for 11nyears ,is it not discriminatory as per Article 14 of the Indian constitution. It’s clear violation of Principle of Equality that is the Basis Structure Of the Constitution.
This Act not only violating the concept of equality given under Indian constitution. This is created social disharmony.