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Revision as of 14:18, 14 December 2019
Citizenship (Amendment) Act, 2019 | |
---|---|
Parliament of India | |
| |
Citation | Act No. 47 of 2019 |
Passed by | Lok Sabha |
Passed | 10 December 2019 |
Passed by | Rajya Sabha |
Passed | 11 December 2019 |
Assented to | 12 December 2019 |
Signed by | Ram Nath Kovind President of India |
Signed | 12 December 2019 |
Effective | 12 December 2019[1] |
Legislative history | |
First chamber: Lok Sabha | |
Bill title | Citizenship (Amendment) Bill, 2019 |
Bill citation | Bill No. 370 of 2019 |
Introduced by | Amit Shah Minister of Home Affairs |
Introduced | 9 December 2019 |
First reading | 9 December 2019 |
Second reading | 10 December 2019 |
Third reading | 11 December 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.[2] | |
Status: In force |
The Citizenship (Amendment) Act, 2019[1] is an Act of the Parliament of India amending the Citizenship Act of 1955 to give a path to Indian citizenship to 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. It also seeks to relax the requirement of residence in India for citizenship by naturalization from 11 years to 5 years for these migrants.[3] The Act excludes Muslims from such eligibility.[4][5][6][7][8] Immediate beneficiaries of the bill, according to IB records, will be just over 30,000 people.[9]
The Union Cabinet cleared the Citizenship (Amendment) Bill, 2019 on 4 December 2019. It was passed by the Lok Sabha on 10 December 2019 and, subsequently, in the Rajya Sabha on 11 December 2019.[10][11] It received the assent of the President on 12 December 2019 and assumed the status of an act.[12] However, it is not yet in force.[1]
The passage of the bill caused protests in India.[5] A petition opposing the bill was signed by over 1,000 Indian scientists and scholars.[13] The bill was also criticized by the United States Commission on International Religious Freedom.[14][5] Some critics of the bill believe it legalizes religious discrimination.[15][16][8]
Background
During the 2014 elections, the Bharatiya Janata Party had promised to grant citizenship to Hindu refugees from Bangladesh and Pakistan.[17] 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.[18][19]
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.[20]
Legislative history
The Bill was introduced in Lok Sabha on 19 July 2016 as the Citizenship (Amendment) Bill, 2016. It was referred to the Joint Parliamentary Committee on 12 August 2016. The Committee submitted its report on 7 January 2019.[21]
In January 2016, 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.[22][23] It lapsed with the dissolution of the 16th Lok Sabha.[23][24]
Subsequently, the Union Cabinet cleared the Citizenship (Amendment) Bill, 2019 on 4 December 2019 for introduction in the parliament.[23][25] 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. (IST)[26] with 311 MPs voting in favour and 80 against the Bill.[27][28][29]
The bill was subsequently passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it.[30][31] Those voted in favour included BJP allies such as Janata Dal (United), AIADMK, Biju Janata Dal, TDP and YSR-Congress, apart from BJP.[31][30]
After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act.[12] However, the act will come into force on a date of Government of India’s choosing and will be notified as such.[1]
Provisions
The Bill amends the Citizenship Act of 1955 to give eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014. The bill does not include Muslims.[32][33] Immediate beneficiaries of the Bill, according to IB records, will be just over 30,000 people.[34] India's previous citizenship law, Citizenship Act 1955, did not consider religious affiliation to be a criterion for eligibility.[35]
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.[36][37][23][38] The inclusion of Manipur in Inner Line Permit is also announced on 10 December 2019.[19]
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.[23]
Aftermath
After the bill was cleared on 4 December 2019, violent protests erupted in Assam, especially in Guwahati, and other areas in the state.[39] In Dispur, several thousands of protesters broke down police barricades to protest in front of the Assam Legislative Assembly building.[40][41] Demonstrations were held in Agartala.[42]
Internet was shutdown in the north-eastern state of Assam and curfew declared in Assam and Tripura due to huge protests.[43] However, the army had to be called in to deploy as protestors defied those curfews. Railway services were suspended and some airlines started offering rescheduling or cancellation fee waivers in those areas.[44] Officials reported that at least two people died after clashes with police in Guwahati, Assam.[45]
No play was possible on the fourth day of the cricket match between Assam and Services in the 2019–20 Ranji Trophy because of the protests.[46] The India-Japan summit in Guwahati, which was supposed to be attended by Shinzo Abe was also cancelled.[47][48]
Reactionary protests were held in well as several metropolitan cities across India, including Kolkata, Delhi,[23][49], Mumbai[30], Bengaluru[50] Hyderabad,[51] and Jaipur.[23]
Reactions
Domestic
Support
During a debate in the Indian parliament, Amit Shah argued that the "20% decline" in the religious minority population of both Pakistan and Bangladesh necessitated such a Bill, adding that the Indian Muslim community will not be affected by the bill.[52] He also argued “Lakhs and Crores” of people would benefit from the bill.[53]
Harish Salve, former Solicitor General of India, said that the bill does not violate Article 14, Article 25 and Article 21 of the Constitution of India.[54] He points out that Article 15 and Article 21 apply only to the entities which reside in India, not to those which want to enter India. Salve says that the bill doesn't violate secularism and describes it as a 'narrowly-tailored' provision that is designed to address a specific issue.[55]
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."[56]
The majority of the Northeastern states members in the Lok Sabha supported the bill as their concerns were taken care by the bill.[57]
Criticism
A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.[58] The bill was opposed by the Indian National Congress, who said it would create communal tensions and polarize India.[59]
Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal.[60]
The BJP has committed to apply National Register of Citizens (NRC) across India in order to identify citizens and "expel" illegal immigrants.[20] 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 people, of the community other than six religious communities mentioned in the Bill and could not prove their citizenship, will risk statelessness[clarification needed] because they are not included under the Bill.[20][61][62]
Immediate beneficiaries of the Bill, according to Intelligence Bureau records, will be just over 30,000 people.[63]
International
- The US Commission on International Religious Freedom (USCIRF) criticized the bill and called for sanctions[64] against Amit Shah and "other principal leadership" over passage of the Bill on 9 December 2019.[65][66] The Ministry of External Affairs (India) issued a statement following this:[67]
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".[68]
- Bangladesh's Minister of Foreign Affairs, A K Abdul Momen said that Bill could weaken India's historic character as a secular nation and denied that minorities are facing religious persecution in Bangladesh.[69]
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
- Assam Accord
References
- ^ a b c d "The Citizenship (Amendment) Act, 2019" (PDF). The Gazette of India. 12 December 2019. Retrieved 14 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ "CAB, 2019 Bill Summary" (PDF). PRS India. 9 December 2019.
- ^ "The Citizenship (Amendment) Bill, 2019" (PDF). PRS India. Retrieved 11 December 2019.
- ^ Helen Regan, Swati Gupta and Omar Khan, "India passes controversial citizenship bill that excludes Muslims," CNN News.
- ^ a b c Sigal Samuel, "India just redefined its citizenship criteria to exclude Muslims, "Vox.
- ^ Sam Gringlas, "India Passes Controversial Citizenship Bill That Would Exclude Muslims", NPR
- ^ India's Parliament passes contentious citizenship bill excluding Muslims, Japan Times
- ^ a b [https://www.theguardian.com/world/2019/dec/11/india-to-bring-in-law-denying-citizenship-to-muslim-migrants Indian citizenship law discriminatory to Muslims passed], The Guardian
- ^ Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". Hindustan Times. Retrieved 11 December 2019.
- ^ "Lok Sabha live: Citizenship Bill to be tabled in Rajya Sabha next". The Times of India. Retrieved 10 December 2019.
- ^ "Citizenship Amendment Bill set to become Act after clearing Rajya Sabha test". India Today. 11 December 2019. Retrieved 11 December 2019.
- ^ a b "Citizenship (Amendment) Bill gets President's assent, becomes act". Press Trust of India. 13 December 2019. Retrieved 13 December 2019 – via The Economic Times.
- ^ India will become unconstitutional ethnocracy: Over 1,000 scholars, scientists seek withdrawal of Citizenship Bill, India Today
- ^ "Federal US commission seeks sanctions against Amit Shah if CAB passed in Parliament"
- ^ Citizenship Amendment Bill: India's new 'anti-Muslim' law explained
- ^ Will Citizenship Amendment Bill legalise religious discrimination
- ^ "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. Highlights, Issues and Summary". PRS Legislative Research.
{{cite web}}
: CS1 maint: url-status (link) Cite error: The named reference ":0" was defined multiple times with different content (see the help page). - ^ "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 gets Lok Sabha nod, Rajya Sabha test next". Hindustan Times. 9 December 2019. Archived from the original on 11 December 2019. Retrieved 12 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.
- ^ a b c Nath, Damini; Singh, Vijaita (11 December 2019). "After a heated debate, Rajya Sabha clears Citizenship (Amendment) Bill". The Hindu. ISSN 0971-751X. Retrieved 11 December 2019.
- ^ a b "CAB set to be law as RS passes it 125-105, indefinite curfew and Army in Guwahati". The Times of India. 12 December 2019. Retrieved 12 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ ‘NRC is anti-Indian citizen’
- ^ https://www.thehindu.com/news/national/opposition-to-reach-out-to-people-about-pitfalls-of-citizenship-amendment-bill/article30197219.ece Opposition to reach out to people about ‘pitfalls’ of Citizenship Amendment Bill]
- ^ Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". Hindustan Times. Retrieved 11 December 2019.
- ^ "What you should know about India's 'anti-Muslim' citizenship bill", Al-Jazeera
- ^ "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.
- ^ "What is the Citizenship (Amendment) Bill 2016?". India Today. Retrieved 26 January 2019.
- ^ "Anti-CAB stir: People defy curfew, police open fire as Assam". 12 December 2019. Retrieved 13 December 2019.
- ^ "In India's northeast, protesters rally against citizenship bill". www.aljazeera.com. Retrieved 12 December 2019.
- ^ Reuters (9 December 2019). "Protests Erupt as India Pushes for Religion-Based Citizenship Bill". The New York Times. ISSN 0362-4331. Retrieved 12 December 2019.
{{cite news}}
:|last=
has generic name (help) - ^ Dec 11, Biswendu Bhattacharjee | TNN | Updated:; 2019; Ist, 14:52. "Anti-CAB protests turn violent in Tripura | Agartala News - Times of India". The Times of India. Retrieved 12 December 2019.
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:|last2=
has numeric name (help)CS1 maint: extra punctuation (link) CS1 maint: numeric names: authors list (link) - ^ "'Anti-Muslim' citizenship law challenged in India court". 12 December 2019. Retrieved 12 December 2019.
- ^ "India calls in army as citizenship protests grow". 12 December 2019. Retrieved 12 December 2019.
- ^ "Two dead as Indian police clash with protesters". 12 December 2019. Retrieved 12 December 2019.
- ^ "Ranji Trophy 2019-20: Day four game in Assam suspended due to curfew over CAB". Sport Star. Retrieved 12 December 2019.
- ^ Bhattacherjee, Kallol (13 December 2019). "India-Japan Guwahati summit cancelled in view of protests". The Hindu. ISSN 0971-751X. Retrieved 13 December 2019.
- ^ "India protests spread over 'anti-Muslim' law". Saudigazette. 13 December 2019. Retrieved 13 December 2019.
- ^ Ravi, Sidharth (11 December 2019). "Protests against CAB spill on to Delhi streets". The Hindu. ISSN 0971-751X. Retrieved 12 December 2019.
- ^ "Bengaluru: Citizens protest against Citizenship Amendment Bill". Deccan Chronicle. 9 December 2019. Retrieved 12 December 2019.
- ^ Moin, Ather (11 December 2019). "CAB triggers protests in Hyderabad". Deccan Chronicle. Retrieved 12 December 2019.
- ^ "Citizenship (Amendment) Bill tabled in Rajya Sabha: Who said what". The Times of India. 11 December 2019. Retrieved 11 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ Damini Nath, After a heated debate, Rajya Sabha clears Citizenship (Amendment) Bill, The Hindu
- ^ "Harish Salve says CAB is pro-minorities, does not violate Article 14,15 or 21". The Free Press Journal. 11 December 2019. Retrieved 12 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ "Watch: Noted Lawyer Harish Salve Explains Rationale Behind CAB And Dispels Myths Being Perpetrated By Bill's Critics". Swarajya. 11 December 2019. Retrieved 13 December 2019.
- ^ 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.
- ^ India will become unconstitutional ethnocracy: Over 1,000 scholars, scientists seek withdrawal of Citizenship Bill, India Today
- ^ "What you should know about India's 'anti-Muslim' citizenship bill". Al Jazeera. 9 December 2019.
- ^ Citizenship Amendment Bill: 'Anti-Muslim' law challenged in India court, BBC News
- ^ "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) - ^ Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". Hindustan Times. Retrieved 11 December 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.
- ^ "Citizenship Amendment Bill could weaken India's secular character, says Bangladesh's Foreign Minister". National Herald. 12 December 2019. Retrieved 13 December 2019.
{{cite web}}
: CS1 maint: url-status (link)
Further reading
External links
- Rules under Foreigners Act, 1946, The Gazette of India, 7 September 2015.