Nizil Shah (talk | contribs) Tag: Visual edit |
FacetsOfNonStickPans (talk | contribs) line in lead, clarify template for statelessness, this line is VERY misleading. Please only paraphrase if the entire meaning comes out. |
||
Line 34: | Line 34: | ||
}} |
}} |
||
The '''Citizenship (Amendment) Bill, 2019''' (CAB) is a bill amending the [[Indian nationality law|Citizenship Act of 1955]] to make illegal migrants who are [[Hindu]]s, [[Sikh]]s, [[Buddhist]]s, [[Jain]]s, [[Parsi]]s and [[Christian]]s from [[Afghanistan]], [[Bangladesh]] and [[Pakistan]], who entered India on or before 31 December 2014, eligible for Indian citizenship. It also seeks to relax the requirement of residence in India for citizenship by [[Naturalization|naturalisation]] from 11 years to 5 years for these migrants.<ref name="PRS India">{{cite web |title=The Citizenship (Amendment) Bill, 2019 |url=https://prsindia.org/sites/default/files/bill_files/Citizenship%20%28A%29%20Bill%2C%202019%20as%20passed%20by%20LS.pdf |website=PRS India |accessdate=17 August 2019}}</ref> |
The '''Citizenship (Amendment) Bill, 2019''' (CAB) is a bill amending the [[Indian nationality law|Citizenship Act of 1955]] to make illegal migrants who are [[Hindu]]s, [[Sikh]]s, [[Buddhist]]s, [[Jain]]s, [[Parsi]]s and [[Christian]]s from [[Afghanistan]], [[Bangladesh]] and [[Pakistan]], who entered India on or before 31 December 2014, eligible for Indian citizenship. It also seeks to relax the requirement of residence in India for citizenship by [[Naturalization|naturalisation]] from 11 years to 5 years for these migrants.<ref name="PRS India">{{cite web |title=The Citizenship (Amendment) Bill, 2019 |url=https://prsindia.org/sites/default/files/bill_files/Citizenship%20%28A%29%20Bill%2C%202019%20as%20passed%20by%20LS.pdf |website=PRS India |accessdate=17 August 2019}}</ref> Immediate beneficiaries of the Bill, according to IB records, will be just over 30,000 people.<ref>{{cite news |last1=Saha |first1=Abhishek |title=Explained: Why Assam, Northeast are angry |url=https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/ |accessdate=11 December 2019 |agency=Hindustan Times |date=20 January 2019}}</ref> |
||
The [[Union Council of Ministers|Union Cabinet]] cleared the Bill on 4 December 2019. It was passed by the [[Lok Sabha]] on 10 December. It is scheduled to be presented to the [[Rajya Sabha]] on 11 December.<ref name=":4">{{Cite web|url=https://timesofindia.indiatimes.com/india/parliament-winter-session-live-updates-amit-shah-tables-citizenship-amendment-bill-in-lok-sabha/liveblog/72432302.cms|title=Lok Sabha live: Citizenship Bill to be tabled in Rajya Sabha next|website=The Times of India|language=en|access-date=2019-12-10}}</ref> |
The [[Union Council of Ministers|Union Cabinet]] cleared the Bill on 4 December 2019. It was passed by the [[Lok Sabha]] on 10 December. It is scheduled to be presented to the [[Rajya Sabha]] on 11 December.<ref name=":4">{{Cite web|url=https://timesofindia.indiatimes.com/india/parliament-winter-session-live-updates-amit-shah-tables-citizenship-amendment-bill-in-lok-sabha/liveblog/72432302.cms|title=Lok Sabha live: Citizenship Bill to be tabled in Rajya Sabha next|website=The Times of India|language=en|access-date=2019-12-10}}</ref> |
||
Line 76: | Line 76: | ||
According to PRS Legislative Research, the ability to notify any law and lack of clarity of these laws whose violation may result in OCI cancellation may amount to an excessive delegation of powers by the legislature and may give wide discretion to the government for cancellation of OCI.<ref name=":0" /> |
According to PRS Legislative Research, the ability to notify any law and lack of clarity of these laws whose violation may result in OCI cancellation may amount to an excessive delegation of powers by the legislature and may give wide discretion to the government for cancellation of OCI.<ref name=":0" /> |
||
The BJP has committed to apply [[National Register of Citizens of India|National Register of Citizens]] (NRC) across India in order to identify citizens and "expel" illegal immigrants.<ref name=":5" /> There is a concern that the people who are unable to produce required documents to prove their citizenship and inclusion in NRC will be accepted as migrants and given Indian citizenship under the Bill but the Muslims who could not prove their citizenship, will risk [[statelessness]] because they are not included under the Bill.<ref name=":5" /><ref>{{Cite web|url=https://indianexpress.com/article/opinion/columns/this-land-is-mine-citizenship-amendment-bill-6160570/|title=If Parliament passes the Citizenship Amendment Bill, India’s constitutional structure, as we know it, will lose its soul|date=2019-12-11|website=The Indian Express|language=en-US|access-date=2019-12-11}}</ref><ref>{{Cite web|url=https://www.livemint.com/opinion/online-views/the-rajya-sabha-must-play-its-envisaged-role-11575996673786.html|title=Opinion {{!}} The Rajya Sabha must play its envisaged role|date=2019-12-10|website=LiveMint|url-status=live|archive-url=|archive-date=|access-date=2019-12-11}}</ref> |
The BJP has committed to apply [[National Register of Citizens of India|National Register of Citizens]] (NRC) across India in order to identify citizens and "expel" illegal immigrants.<ref name=":5" /> There is a concern that the people who are unable to produce required documents to prove their citizenship and inclusion in NRC will be accepted as migrants and given Indian citizenship under the Bill but the Muslims who could not prove their citizenship, will risk [[statelessness]]{{clarify}} because they are not included under the Bill.<ref name=":5" /><ref>{{Cite web|url=https://indianexpress.com/article/opinion/columns/this-land-is-mine-citizenship-amendment-bill-6160570/|title=If Parliament passes the Citizenship Amendment Bill, India’s constitutional structure, as we know it, will lose its soul|date=2019-12-11|website=The Indian Express|language=en-US|access-date=2019-12-11}}</ref><ref>{{Cite web|url=https://www.livemint.com/opinion/online-views/the-rajya-sabha-must-play-its-envisaged-role-11575996673786.html|title=Opinion {{!}} The Rajya Sabha must play its envisaged role|date=2019-12-10|website=LiveMint|url-status=live|archive-url=|archive-date=|access-date=2019-12-11}}</ref> |
||
=== Support === |
=== Support === |
Revision as of 07:31, 11 December 2019
Citizenship (Amendment) Bill, 2019 | |
---|---|
Parliament of India | |
Passed by | Lok Sabha |
Passed | 10 December 2019 |
Legislative history | |
Bill title | Citizenship (Amendment) Bill (CAB) |
Introduced by | Amit Shah Minister of Home Affairs |
Introduced | 9 December 2019 |
First reading | December 9, 2019 |
Amends | |
Citizenship Act, 1955 | |
Summary | |
The Bill makes illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who entered India on or before 31 December 2014, eligible for Indian citizenship.
The Bill relaxes the 11-year requirement for citizenship by naturalization to five years for persons belonging to the same six religions and three countries. These provisions of Bill will not apply to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, included in the Sixth Schedule to the Constitution as well as the areas which are regulated through the Inner Line Permit. The Bill provides that the registration of Overseas Citizen of India (OCI) cardholders may be cancelled if they violate any law notified by the central government. | |
Status: Pending |
The Citizenship (Amendment) Bill, 2019 (CAB) is a bill amending the Citizenship Act of 1955 to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who entered India on or before 31 December 2014, eligible for Indian citizenship. It also seeks to relax the requirement of residence in India for citizenship by naturalisation from 11 years to 5 years for these migrants.[1] Immediate beneficiaries of the Bill, according to IB records, will be just over 30,000 people.[2]
The Union Cabinet cleared the Bill on 4 December 2019. It was passed by the Lok Sabha on 10 December. It is scheduled to be presented to the Rajya Sabha on 11 December.[3]
Background
The Bharatiya Janata Party had promised to grant citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan but not Muslims.[1][4] In the party's election manifesto in 2014, the BJP had promised to welcome Hindu refugees and give shelter to them. The Citizenship (Amendment) Bill, 2016 was introduced and passed in Lok Sabha but there was widespread political opposition and protests in the northeast India. Their chief concern was that the demography of Northeast India will change with the influx of migrants from Bangladesh.[5][6] Following it, 2019 Bill was brought in with exclusion of northeast Indian states from the provisions of the Bill.
In the 2019 election campaign, the BJP’s manifesto reiterated its commitment to bring in the Bill. The National Register of Citizens (NRC) was updated in Assam state in 2019, leaving out 1.9 million residents, a majority of whom were Hindus, without citizenship. This matter brought urgency to the bring in the Bill.[7]
Legislative history
The Bill was introduced in Lok Sabha on July 19, 2016 as the Citizenship (Amendment) Bill, 2016. It was referred to the Joint Parliamentary Committee on August 12, 2016. The Committee submitted its report on January 7, 2019.[8]
In 2016,January, the Citizenship (Amendment) Bill was introduced to amend the Citizenship Act, 1955. It was introduced in Lok Sabha on 19 July 2016 and was referred to a Joint Parliamentary Committee on 12 August 2016, which submitted its report on 7 January 2019. It was passed by Lok Sabha on 8 January 2019.[9][10] It lapsed with the dissolution of the 16th Lok Sabha.[10][11]
Subsequently, the Union Cabinet cleared the Citizenship (Amendment) Bill, 2019 on 4 December 2019 for introduction in the parliament.[10][12] The Bill was introduced in 17th Lok Sabha by the Minister of Home Affairs Amit Shah on 9 December 2019 and was passed on 10 December 2019 at 12:11 a.m. with 311 MPs voting in favour and 80 against the Bill.[13][14][15] It is scheduled to be presented to the Rajya Sabha on 11 December.[3]
Provisions
The Bill amends the Citizenship Act of 1955 to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who entered India on or before 31 December 2014, eligible for Indian citizenship. Under the Act, one of the requirements for citizenship by naturalization is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years. The Bill relaxes this 11-year requirement to five years for persons belonging to the same six religions and three countries. The bill exempts the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, included in the Sixth Schedule to the Constitution from its applicability. These tribal areas include Karbi Anglong in Assam, Garo Hills in Meghalaya, Chakma district in Mizoram, and Tribal Areas district in Tripura. It also exempted the areas regulated through the Inner Line Permit which includes Arunachal Pradesh, Mizoram and Nagaland.[16][17][1][18][19] The inclusion of Manipur in Inner Line Permit is also announced on 10 December 2019.[6]
The Bill includes new provisions for cancellation the registration of Overseas Citizenship of India (OCI) such as registration through fraud, in case of OCI holder sentenced to imprisonment for two or more years within five years of registration and in necessity in the interest of sovereignty and security of India. It also includes a provision on violation of any law notified by the central government. It also adds the opportunity for the OCI holder to be heard before the cancellation.[10]
Reactions
Criticism
The US Commission on International Religious Freedom (USCIRF) called for sanctions[20] against Amit Shah and "other principal leadership" over passage of the Bill on 9 December 2019.[21][22] The Ministry of External Affairs (India) issued a statement following this:[23]
The statement made by the USCIRF on the Citizenship Amendment Bill is neither accurate nor warranted. [...] Neither the CAB or National Register of Citizens (NRC) process seeks to strip citizenship from any Indian citizen of any faith. Suggestions to that affect are motivated and unjustified. [...]
— Raveesh Kumar, Official Spokesperson, Ministry of External Affairs, GOI
Imran Khan, the Prime Minister of Pakistan, criticized the proposed citizenship law for violating "bilateral agreements".[24] In January 2019, Research and Analysis Wing (RAW) had said to a Joint Committee of Parliament on a earlier version of the CAB that the "CAB could be misused by foreign agents to infiltrate India" (from agencies like Pakistan's ISI) and that it "could become 'legal framework' which they could use to infiltrate India."[25][26]
The key issue to consider is whether the Bill violates Article 14 of the Constitution of India because the Bill provides differential treatment to illegal migrants on the basis of their country of origin, religion, date of entry into India, and place of residence in India (regarding exempted northeast India regions). Article 14 guarantees equality to all persons, including citizens and foreigners. It only permits laws to differentiate between groups of people if the rationale for doing so serves a reasonable purpose.[10] A classification of groups of people in a proposed law in consideration satisfies test for "reasonable classification" and consequently exempted from Article 14 when:[27][28]
- The classification is based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of the group, and,
- The differential has a rational relation with the objective of the act.
The Statement of Objects and Reasons in the CAB states that:
"Millions of citizens of undivided India belonging to various faiths were staying in the said areas of Pakistan and Bangladesh when India was partitioned in 1947. The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries. Some of them also have fears about such persecution in their day-to-day life where right to practice, profess and propagate their religion has been obstructed and restricted. Many such persons have fled to India to seek shelter and continued to stay in India even if their travel documents have expired or they have incomplete or no documents."[29]
The Bill therefore intends to protect communities facing persecution on the grounds of religion and/or facing restrictions on religious freedom. It uses the criteria of state religion to identify the three countries of Afghanistan, Bangladesh and Pakistan. It is not clear why Bhutan, which has Vajrayana Buddhism as the state religion, is excluded, because Christians in Bhutan can only pray privately inside their homes.[30] In Myanmar, which does not have a state religion, the government allegedly discriminates against Muslim and Christian minorities in practicing, professing and propagating their religion.[31] The constitution of Sri Lanka provides the right to freedom of religion[32] but the U.S. Report on International Religious Freedom 2018 for Sri Lanka mentions,
"According to representatives of religious minority communities and nongovernmental organizations (NGOs), government officials at the local level continued to engage in systematic discrimination against religious minorities, especially Muslims and converts to “free” (nondenominational and evangelical) Christian groups. Local government officials and police reportedly responded minimally or not at all to numerous incidents of religiously motivated violence against Muslim and Christian minorities. There were some reports of government officials being complicit in physical attacks on and harassment of religious minorities and their places of worship."[33]
Therefore, even if Bhutan is added, it can be argued that the sole criteria of state religion is not fully consistent with the objectives of the Bill[30], unless one justifies the inclusion of Afghanistan and exclusion of Myanmar and Sri Lanka on the basis of another criteria that removes inconsistencies. The Bill also mentions the history of "undivided India" in its motivation. There can be at least two definitions of this term. On the one hand, it could mean British India which did not include Afghanistan, Myanmar or Sri Lanka at the time of Partition in 1947 so inclusion of Afghanistan but exclusion of Sri Lanka and Myanmar would be arbitrary while still being inconsistent with the objectives.[30][34] One the other hand, Rashtriya Swayamsevak Sangh's idea of "Akhand Bharat" includes the three countries mentioned in the Bill, and also Sri Lanka and Myanmar.[35] This would justify the inclusion of Afghanistan but not the exclusion of Sri Lanka and Myanmar, again failing to remove inconsistencies with the objectives. Therefore, criteria for identification of countries is arguably questionable.
Consequently, the exclusion of communities such as Rohingyas in Myanmar who are arguably persecuted on the grounds of race or ethnicity not religion but face restrictions on religious freedom nonetheless, is questionable. Similar question arises for Christian and Muslim minorities in Sri Lanka. Finally, the exclusion of Ahmadiyyas in Pakistan and the atheists in Bangladesh is also questionable.[10][30][36][37] A related issue but not in the purview of the Bill is the migration of Sri Lankan Tamils in India who are majority Hindus, a minority religion in Sri Lanka but have suffered persecution on the grounds of ethnicity.[38][30]
According to PRS Legislative Research, the ability to notify any law and lack of clarity of these laws whose violation may result in OCI cancellation may amount to an excessive delegation of powers by the legislature and may give wide discretion to the government for cancellation of OCI.[10]
The BJP has committed to apply National Register of Citizens (NRC) across India in order to identify citizens and "expel" illegal immigrants.[7] There is a concern that the people who are unable to produce required documents to prove their citizenship and inclusion in NRC will be accepted as migrants and given Indian citizenship under the Bill but the Muslims who could not prove their citizenship, will risk statelessness[clarification needed] because they are not included under the Bill.[7][39][40]
Support
Prime Minister Modi said he was "delighted that the Lok Sabha has passed the Citizenship (Amendment) Bill, 2019 after a rich and extensive debate" and that the "Bill is in line with India’s centuries old ethos of assimilation and humanitarian values."[41] The majority of the Northeastern states members in the Lok Sabha supported the bill as their concerns were taken care by the bill.[42]
See also
- The Foreigners Act, 1946
- Indian nationality law
- National Register of Citizens of India
- Illegal Migrants (Determination by Tribunal) Act, 1983
- Illegal immigration to India
- Refugees in India
References
- ^ a b c "The Citizenship (Amendment) Bill, 2019" (PDF). PRS India. Retrieved 17 August 2019.
- ^ Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". Hindustan Times. Retrieved 11 December 2019.
- ^ a b "Lok Sabha live: Citizenship Bill to be tabled in Rajya Sabha next". The Times of India. Retrieved 10 December 2019.
- ^ "BJP offer of 'natural home' for Hindu refugees triggers debate". Hindustan Times. 9 April 2014. Retrieved 10 December 2019.
- ^ "Explained: Why Assam, Northeast are angry". Indian Express. Retrieved 14 February 2019.
- ^ a b Jain, Bharti (10 December 2019). "Bringing ILP for Manipur, 3 NE states will be out of CAB". The Times of India. Retrieved 11 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ a b c "The CAB-NRC package is flawed and dangerous". Hindustan Times. 7 December 2019. Retrieved 11 December 2019.
- ^ "Explained: Why the Citizenship Amendment Bill is dead, for now". Indian express. Retrieved 14 February 2019.
- ^ "Lok Sabha passes Citizenship Bill amid protests, seeks to give citizenship to non-Muslims from 3 countries". India Today. Retrieved 26 January 2019.
- ^ a b c d e f g "The Citizenship (Amendment) Bill, 2019". PRS.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Citizenship amendment bill, triple talaq bill set to lapse on June 3". Economic Times. Retrieved 14 February 2019.
- ^ "Controversial Citizenship (Amendment) Bill to Be Tabled in Lok Sabha on Monday". The Wire. Retrieved 8 December 2019.
- ^ "Citizenship Bill has smooth sail in Lok Sabha, will Amit Shah clear Rajya Sabha test?". India Today. 10 December 2019. Retrieved 10 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Citizenship (Amendment) Bill: Federal US commission seeks sanctions against home minister Amit Shah". The Times of India. 10 December 2019. Retrieved 10 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ Das, Shaswati (9 December 2019). "Amit Shah to table Citizenship Amendment Bill in Lok Sabha today". Livemint. Retrieved 10 December 2019.
- ^ "The Citizenship (Amendment) Bill, 2019 - Bill Summary". PRS Legislative Research. Retrieved 10 December 2019.
- ^ Saha, Abhishek (9 December 2019). "Explained: Where the Citizenship (Amendment) Bill does not apply". The Indian Express. Retrieved 10 December 2019.
- ^ "The Citizenship (Amendment) Bill, 2016". PRS India - Ministry of Home Affairs. Retrieved 17 August 2019.
- ^ "What is the Citizenship (Amendment) Bill 2016?". India Today. Retrieved 26 January 2019.
- ^ "USCIRF Raises Serious Concerns and Eyes Sanctions Recommendations for Citizenship (Amendment) Bill in India, Which Passed Lower House Today". United States Commission on International Religious Freedom. 9 December 2019. Retrieved 10 December 2019.
- ^ "It has no locus standi: MEA on USCIRF's citizenship bill statement". The Economic Times. 10 December 2019. Retrieved 10 December 2019.
- ^ "US Commission Statement On Citizenship Bill Not "Accurate": Government". NDTV.com. Retrieved 10 December 2019.
- ^ "USCIRF statement on CAB 'neither accurate nor warranted': MEA". The Times of India. 10 December 2019. Retrieved 10 December 2019.
- ^ "Imran Khan blasts Citizenship Amendment Bill, says it violates bilateral agreements". India Today. 10 December 2019. Retrieved 10 December 2019.
- ^ "CAB Could Be Misused By Foreign Agents to Infiltrate India, RAW Had Said". The Wire. Retrieved 10 December 2019.
- ^ "Enemies may use CAB to push own people: R&AW". Deccan Herald. 8 December 2019. Retrieved 10 December 2019.
- ^ "Article 14 of Constitution of India & Doctrine of Reasonable Classification". GKToday. Retrieved 11 December 2019.
- ^ Rai, Diva (22 May 2019). "Reasonable Classification and its Validity Under Article 14". iPleaders. Retrieved 11 December 2019.
- ^ http://prsindia.org/sites/default/files/bill_files/Citizenship%202019%20Bill%20Text.pdf
- ^ a b c d e Farasat, Shadan (11 December 2019). "A patently unconstitutional piece of legislation". The Hindu. ISSN 0971-751X. Retrieved 11 December 2019.
- ^ "Freedom of religion in Myanmar", Wikipedia, 29 September 2019, retrieved 11 December 2019
- ^ "Freedom of religion in Sri Lanka", Wikipedia, 20 September 2019, retrieved 11 December 2019
- ^ "Sri Lanka". United States Department of State. Retrieved 11 December 2019.
- ^ "British Ceylon", Wikipedia, 29 November 2019, retrieved 11 December 2019
- ^ "RSS and the idea of Akhand Bharat". The Indian Express. 4 January 2016. Retrieved 11 December 2019.
- ^ "Persecution of Ahmadis", Wikipedia, 10 December 2019, retrieved 11 December 2019
- ^ "Irreligion in Bangladesh", Wikipedia, 7 December 2019, retrieved 11 December 2019
- ^ "Sri Lankan Tamils", Wikipedia, 8 December 2019, retrieved 11 December 2019
- ^ "If Parliament passes the Citizenship Amendment Bill, India's constitutional structure, as we know it, will lose its soul". The Indian Express. 11 December 2019. Retrieved 11 December 2019.
- ^ "Opinion | The Rajya Sabha must play its envisaged role". LiveMint. 10 December 2019. Retrieved 11 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ Varma, Anuja,Gyan (10 December 2019). "Delighted that Lok Sabha passed Citizenship Bill: PM Modi". Livemint. Retrieved 10 December 2019.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ Hebbar, Nistula. "Lok Sabha passes Citizenship Bill amidst Opposition outcry". The Hindu. Retrieved 10 December 2019.