There’s a lot of protest including violent ones against the Citizenship Amendment Act 2019. There are many versions of CAA and then linking it to NPR (National Population register) and NRC (National Register of Citizen). Some say CAA and NRC are anti-Muslim whereas some even claim that CAA is the first step to make Indian Muslims as a non-citizen of India, thus beginning of the formation of ‘Hindu Rashtra’. Finally, many have claimed that the present CAA is unconstitutional. This article is intending to clarify what are these terms and what’s the intention of these provisions
Citizenship Amendment Act
India got independence in 1947 and the citizens living in India till 26th January 1950 became automatically a citizen of India by virtue of then prevailing provisions. Citizenship Act, 1955 takes care of citizens post 26th January 1950 through various sections such as ‘citizenship by birth’, citizenship by descent, citizenship by registration and citizenship by naturalisation.All such provisions have the base date as 26th January 1950, the day Indian Constitution enforced in the country.
Before the Citizenship Amendment Act 2019, there are previous amendments in 1986, 1992,2003 and 2019.Let’s discuss previous amendments briefly.
The Citizenship Amendment Act. 1986; legislated as per the agreement reached through Assam Accord 1985. This amendment, in fact, restricted citizenship by birth to children born in India. According to this amendment, at least one parent must be Indian citizen for the child to qualify for Indian citizen.
The Citizenship Amendment Act 1992, is legislated to end the discrimination against women. Earlier children born in a foreign land to an Indian father qualified for citizenship of India. By this 1992 amendment, it was ensured that children of Indian mother (father may be a foreigner) born outside India also qualify for citizenship.
The citizenship Amendment 2003 amended various provision of citizenship such as citizenship by birth, citizenship by descent, citizenship by registration or citizenship by naturalisation. The term illegal immigrants are defined in this amendment. The illegal migrants as defined by this amendment are those also have entered into India without a valid passport or such other documents or with a valid passport and such other documents but overstayed in India (stayed after the expiry of VISA or permission). The illegal immigrants and their children are also not eligible to qualify through citizenship by birth, by registration or by naturalisation
Further, this amendment made a provision for National Register of Citizens as well as National Population register to provide identity card to valid Indian citizens. The illegal immigrants are to be detained and deported as per this amendment. Point here to be noted that the provision of NRC as per this amendment although implemented in Assam as per court order, the mechanism and required legislation is yet to come. Thus, the NRC of Assam and NRC of rest of India is different and will be discussed when I will take up the NRC issue.
Citizenship Amendment Act of 2019. This act amends the provision of illegal immigrants as a special case. It gives an opportunity to the minority communities (Hindu, Sikh, Buddhists, Jains, Christians and Parsis) of Afghanistan, Pakistan and Bangladesh (which are Islamic countries) for qualifying citizenship of India through a relaxed naturalisation process.
The act 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;
The above wordings are very important.Point to be noted that the religiously persecuted people from the three countries entered into ‘who have been exempted by the central government or under Indian passport Act or application as per Foreign Act 1946 or any other rule before 31st December 2014. This amply clears that it applies only to official refugees or people having long term VISA or travel documents which either might have expired or lost. Thus, it just amends the 2003 provision of illegal immigrants (of the above communities) who officially entered but overstayed beyond the permission. That means people who have entered unofficially into India despite belongs to the above community can’t be given the citizenship. The December 2014 limiting date speaks two things. First it just one-time provision and for this, the naturalisation by citizenship relaxed to six years of staying in India from normal 11 years.
It’s an open secret that the minorities of these three neighbouring countries are severely persecuted. It’s an open secret that the minorities of these three neighbouring countries are severely persecuted.From the very beginning, Mahatma Gandhi and Nehru promised that the religiously persecuted people of these countries should be accommodated in the country. Both former Prime Minister Manmohan Singh demanded citizenship of these persecuted minorities. Prakash Karat, then CPM chief too wrote a letter to Manmohan Singh reminding his Rajya Sabha speech for citizenship of minorities from Bangladesh.
Now the question is whether CAA 2019 is applicable to the people disqualified by NRC in Assam? The simple answer is no. Because the issue of disqualified people irrespective of the fact is that either they are genuine citizens or their trespassers. They claimed to be genuine citizens which NRC rejected, now a Tribunal will decide whether they are really genuine citizen or illegal intruder and as we discussed in above that CAA is not applicable to illegal intruders irrespective of religion. Because minorities from Pakistan also has to enter into India officially with a valid document or as per other provisions. But they have to enter into India officially. Assam NRC rejects aren’t official entered people or say, refugees.
The above is simple clarification and I will seek comments if I am wrong anywhere. It’s not that politicians don’t know, Even Kapil Sibal said that CAA is not anti-Muslim rather anti-Hindu because it can’t be applied to Hindus rejected by Assam NRC. It’s another matter later on Congress and other opposition did politics to spread a false narrative as if this bill is anti-Indian Muslim and an effort to establish a Hindu Rashtra. Similarly, North East People including Assamese are provoked that Bangladeshi Hindu illegal immigrants rejected by NRC will be given citizenship by CAA 2019.
Now the final question on CAA 2019. Is it unconstitutional? If the opposition is convinced on it then why do protest? Knock the door of Supreme Court. It will scrutinise and struck down if unconstitutional. But then expert lawyer like Harish Salve and Aryama Sundaram opined that it’s very much constitutional as per various previous judgement when the reasonable classification of equality is applied to article 14. It’s not that opposition parties don’t know it. They do their politics until the SC upheld the validity of CAA.
An informed society always able to see through various political designs. I concluded here the CAA2019 as Part-1 of CAA-NPR and NRC confusion. Clarification with evidence on NPR and NRC will be my next articles