Introduction
The Citizenship (Amendment) Act, 2019, enacted on December 11, 2019, represents a landmark shift in India's citizenship laws, introducing religious criteria for eligibility. This article seeks to comprehensively explore the historical context, the Bharatiya Janata Party's (BJP) commitment, the act's implementation, criticism, protests, legal challenges, and international reactions, providing a nuanced understanding of the multifaceted implications that this legislation has on India's social, political, and global landscape.
The Act
The Citizenship (Amendment) Act, 2019 (CAA) was enacted by the Parliament of India on December 11, 2019. It brought amendments to the Citizenship Act of 1955, establishing an expedited pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan. Specifically, individuals belonging to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities, who entered India before the end of December 2014, were made eligible for this accelerated citizenship process.
The 2019 amendment targeted migrants who arrived in India by December 31, 2014, and had experienced "religious persecution or fear of religious persecution" in their country of origin, making them eligible for citizenship. Furthermore, the amendment reduced the residency requirement for naturalization from twelve years to six, impacting over 30,000 individuals, as indicated by Intelligence Bureau records.
This amendment modifies the Citizenship Act of 1955, which originally mandated that the applicant must have resided in India for 11 of the previous 14 years. The 2019 amendment relaxes this requirement to six years for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan.
It's important to note that Section 6B (4) of the amendment specifies that the relaxed residency requirement shall not apply to the tribal areas of Assam, Meghalaya, Manipur, Mizoram, or Tripura as included in the Sixth Schedule to the Constitution and the areas covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.
BJP's Commitment and Implementation
The BJP, deeply rooted in the Rashtriya Swayamsevak Sangh's (RSS) ideology, had long-standing promises, as reflected in election manifestos, to provide Indian citizenship to persecuted religious minorities from neighboring countries.
Criticism and Concerns
The enactment of the Citizenship (Amendment) Act in India triggered extensive protests, particularly in Assam and other northeastern states. Demonstrators in these regions expressed opposition to granting Indian citizenship to refugees or immigrants, irrespective of their religion, fearing potential alterations to the demographic balance of the area. These protests, rooted in concerns dating back to the 1970s, encompass a longstanding campaign against all refugees, with apprehensions about the perceived loss of political rights, cultural identity, and land.
The protesters were also worried that the new law might lead to increased migration from Bangladesh and violate the terms outlined in the Assam Accord, a previous agreement with the central government regarding migrants and refugees. Following the passage of the act, protests in the northeastern region escalated into violence. Authorities responded by arresting over 3,000 protesters by December 17, 2019, and certain media outlets have characterized these protests as riots. Protesters argue that the Citizenship (Amendment) Act infringes upon Clause 5 and Clause 6 of the 1985 Assam Accord.
Critics contend that the amendment Act is unconstitutional, with major opposition political parties asserting a violation of Article 14 of the Constitution, which guarantees equality to all. They argue that the new law appears to relegate Muslims to second-class citizenship while favorably treating non-Muslims in India.
Detractors of the Act further emphasize concerns related to the National Register of Citizens (NRC). They fear that Muslims could potentially be rendered stateless due to stringent documentation requirements under the NRC, while the Citizenship (Amendment) Act could provide a shield for individuals with Hindu, Sikh, Buddhist, Jain, Parsi, or Christian identity, granting them Indian citizenship even if they fail to meet the NRC's rigorous criteria. Some critics allege that the Act is a deliberate effort to disenfranchise and segregate Muslims, aligning with the ethnonationalist Hindutva ideology propagated by the ruling Bharatiya Janata Party (BJP).
Citizenship Law Evolution
Understanding the context of the Citizenship (Amendment) Act requires tracing the evolution of Indian citizenship laws. The Indian Constitution of 1950 initially guaranteed citizenship without religious discrimination. Subsequent amendments in the 1980s, driven by events like the Assam movement, addressed issues such as granting citizenship to pre-1971 Bangladeshi migrants. Amendments in 1992, 2003, 2005, and 2015 further shaped the legal landscape, culminating in the introduction of the National Register of Citizens (NRC) in 2003.
Immigration and Refugee Challenges
India has grappled with significant illegal immigration, primarily from Bangladesh, dating back to the early 2000s. While hosting a substantial number of refugees, India lacked a comprehensive refugee policy, considering all refugees as "illegal migrants." The BJP, since the 1990s, championed the identification and deportation of illegal migrants, a stance reflected in the 2019 amendment.
International Reactions
The global response to the Citizenship (Amendment) Act (CAA) varied, reflecting concerns from different nations and international organizations. Afghanistan emphasized the need for equal treatment of all minorities, highlighting challenges faced by various religious groups, including Muslims, Hindus, and Sikhs, in the war-torn state. In Australia, debates in the Legislative Council revolved around the Modi government's handling of CAA-related protests. Australian Greens MP David Shoebridge tabled a motion urging attention to the CAA and proposing the inclusion of a human rights clause in trade agreements with India. Bahrain, Bangladesh, France, Kuwait, and Malaysia expressed global concerns about the impact of the CAA on religious and secular principles. Bahrain's Shura Council called on India to reconsider the Act, emphasizing the importance of protecting Muslim rights, while Bangladesh voiced worries about India's secular status.
In Pakistan, Prime Minister Imran Khan's opposition criticized the CAA as discriminatory, and even within Pakistan, Hindu and Sikh communities denounced the legislation. The United States faced internal debate on the CAA, with the U.S. Commission on International Religious Freedom (USCIRF) calling for sanctions. The European Union trusted India's constitutional standards, while the Organization of Islamic Cooperation (OIC) and the United Nations High Commissioner for Refugees (UNHCR) criticized the Act as discriminatory, raising concerns about its impact on nationality access.
The Truth
Union Minister for Home Affairs, Shri Amit Shah, emphasized that the Citizenship (Amendment) Bill 2019 is designed to provide a new ray of hope to individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities who faced persecution in Pakistan, Afghanistan, and Bangladesh. He stated that the bill aims to grant Indian citizenship to those who have migrated to India after enduring religious persecution. Shri Shah clarified that the bill is not against any minority in India, emphasizing the commitment of the Narendra Modi government to protect the rights of every citizen based on the Constitution of India.
Responding to the debates, he highlighted that the bill is intended to give a dignified life to those who suffered religious persecution by granting them Indian citizenship, provided they fulfill the specified conditions. He assured that the grant of citizenship would be from the date of entry into India, closing all legal proceedings against them while safeguarding their business and trade interests.
Shri Shah also asserted that the bill does not target India's minority community, but it does not permit illegal immigrants to stay in the country. He highlighted the substantial reduction in the population of minorities in Pakistan and Bangladesh due to killings or forced religious conversions, leading them to flee to India. He attributed the need for the bill to the historical partition of India on religious lines and the failure of the Nehru-Liaqat pact of 1950 in protecting the rights and dignity of minorities in Pakistan and Bangladesh.
The Home Minister dispelled the notion of any political agenda behind the bill, emphasizing the government's focus on alleviating the suffering of persecuted refugees. Shri Shah stated that the bill has never been brought with the intention of gaining political mileage, and it addresses the concerns of all minority communities facing religious persecution in the specified countries. He reassured that the bill does not affect the citizenship of Indian citizens of the Muslim community.
Addressing concerns in the North-Eastern regions, Shri Shah assured the preservation of linguistic, cultural, and social identities. He highlighted amendments made after extensive deliberations with stakeholders in the North East. Shri Shah assured the people of Sikkim that the bill would not impact their rights and urged viewing the issue as a humanitarian one beyond political ideologies.
The Home Minister clarified that the provisions of the amendments would not apply to tribal areas in certain states, and Manipur has been brought under the Inner Line Permit (ILP) regime. He reiterated the commitment to protect the linguistic, cultural, and social identity of the people of Assam, mentioning the establishment of a Committee under Clause 6 of the Assam Accord after three decades.
Amit Shah affirmed that the bill does not violate any provisions of the Constitution, including Article 14, and reassured that no provision of Article 371 would be violated. He explained another amendment empowering the Central Government to cancel the registration as Overseas Citizen of India Cardholder in case of violations.
Supportive Rallies and Refugee Reactions
Support rallies for the Act took place in various parts of India. Refugees expressed mixed reactions; Hindu refugees hoped for citizenship, while Rohingya Muslims feared deportation. Opposition from political parties, legal challenges, and contrasting views from different segments of society added complexity to the debate.
Conclusion
The Citizenship (Amendment) Act, 2019, represents a turning point in India's legislative history, stirring debates on the nation's commitment to secularism and inclusive citizenship. The multifaceted implications of the Act, from protests and legal challenges to international reactions, highlight the numerous factors at play.
As India navigates the complexities of its citizenship laws, the global community observes, and the long-term consequences of this legislation continue to unfold, shaping the country's socio-political landscape.
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