What is Citizenship Amendment Act?

What is Citizenship Amendment Act?

Welcome to my blog and thank you for this much support. So let's start. Today's blog is based on the " What is Citizenship Amendment Act ". The Citizenship Amendment Bill (CAB) became law after receiving the President’s assent on Thursday, following a bruising debate in Parliament. Assam has been in the throes of violence since Wednesday, when Rajya Sabha took up the Bill after it was passed in Lok Sabha, with its capital under indefinite curfew, and Army and paramilitary columns rolling across multiple towns.

At least three Opposition ruled states — Kerala, Punjab and West Bengal —have said they will not implement the new citizenship law, and legal challenges have been made in the Supreme Court.

Why is a change in the law, which the government claims is sympathetic and inclusionary, being called unconstitutional and anti-Muslim, and triggering such powerful reactions?

How many people could now be given Indian citizenship under the new law?

Home Minister Amit Shah referred to the amendment as bringing relief to “lakhs and crores of non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan”. As of December 31, 2014, the government had identified 2,89,394 “stateless persons in India”, according to data presented in Parliament by the Home Ministry in 2016. The majority were from Bangladesh (1,03,817) and Sri Lanka (1,02,467), followed by Tibet (58,155), Myanmar (12,434), Pakistan (8,799) and Afghanistan (3,469). The figures are for stateless persons of all religions.

For those who came after December 31, 2014, the regular route of seeking refuge in India will apply. If they are regarded as illegal immigrants, they cannot apply for citizenship through naturalization, irrespective fo religion.

Why is Assam, in particular, seeing such strong protests?

In Assam, what is primarily driving the protests is not who are excluded from the ambit of the new law, but how many are included. The protesters are worried about the prospect of the arrival of more migrants, irrespective of religion, in a state whose demography and politics have been defined by migration. The Assam Movement (1979-85) was built around migration from Bangladesh, which much Assamese fear will lead to their culture and language being overtaken, besides putting pressure on land resources and job opportunities.

The protesters’ argument is that the new law violates the Assam Accord of 1985, which sets March 24, 1971, as the cutoff for Indian citizenship. This is also the cut-off for the National Register of Citizens (NRC) in Assam, whose final version was published this year. Under the new law, the cutoff is December 31, 2014, for Hindus, Christians, Sikhs, Parsis, Buddhists, and Jains from Pakistan, Bangladesh, and Afghanistan. It has become controversial largely because it excludes Muslims. 

Under the earlier law, how could these categories of people apply for Indian citizenship?

Under Article 6 the Constitution, a migrant from Pakistan (part of which is now Bangladesh) is to be granted citizenship if she entered India before July 19, 1948. In Assam, which has seen large-scale migration from East Pakistan (later Bangladesh), a migrant will get citizenship if she entered the state before the 1971 date mentioned in the Assam Accord.

As far as illegal immigrants are concerned, India does not have a national policy on granting asylum or refugee status. The Home Ministry, however, has a standard operating procedure for dealing with foreign nationals who claim to be refugees. The government has dealt with refugees on a case-by-case basis by either granting them work permits or long-term visas. Significantly, there was no provision in the Citizenship Act to grant citizenship, particularly to minorities or refugees until the latest amendment.

What are the citizenship laws for others?

The Citizenship Act, 1955, there are four ways to obtain citizenship.

Citizenship by birth: In 1955, the law provided that anyone born in India on or after January 1, 1950, would be deemed a citizen by birth. This was later amended to limit citizenship by birth to those born between January 1, 1950, and January 1, 1987.

It was amended again by the Citizenship Amendment Act, 2003; those born after December 3, 2004, will be deemed a citizen of India by birth if one parent is an Indian and the other is not an illegal immigrant. So, if one parent is an illegal immigrant, the child born after 2004 will have to acquire Indian citizenship through other means, not simply by birth. The law describes an illegal migrant as a foreigner who: (i) enters the country without valid travel documents, like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period.

Citizenship by descent: A person born outside India and who has at least one Indian parent will be granted citizenship provided that the birth is registered within 1 year with the Indian consulate in the jurisdiction.

Citizenship by registration: This is for persons related to an Indian citizen through marriage or ancestry.

Citizenship by naturalization: Section 6 of the Citizenship Act states a certificate of naturalization can be granted to a person who is not an illegal immigrant and has resided in India continuously for 12 months before making an application. Additionally, in the 14 years before the 12-month period, the person must have lived in India for at least 11 years (relaxed to five years for the categories covered under the new amendment).

Waiver: If in the opinion of the central government, the applicant has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions in the Act. This is how the Dalai Lama or Adnan Sami, the Pakistani singer, were granted Indian citizenship. 

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