Revert wording change; BBC News is a better source for South Asia than the others cited here; and the comment on newsreports is in a footnote, not the lead |
Bless sins (talk | contribs) Undid revision 931097352 by Kautilya3 (talk), addressed on talk. If BBC News is a good source, then lets not remove material cited to it Tag: Undo |
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The '''Citizenship (Amendment) Act, 2019''' of the [[Parliament of India]] amended the [[Indian nationality law|Citizenship Act of 1955]] providing a path to Indian citizenship for religious minorities from Pakistan, Bangladesh and Afghanistan.<ref name="BBC explained">[https://www.bbc.co.uk/news/world-asia-india-50670393 Citizenship Amendment Bill: India's new 'anti-Muslim' law explained], BBC News, 11 December 2019.</ref> The |
The '''Citizenship (Amendment) Act, 2019''' of the [[Parliament of India]] amended the [[Indian nationality law|Citizenship Act of 1955]] providing a path to Indian citizenship for religious minorities from Pakistan, Bangladesh and Afghanistan.<ref name="BBC explained">[https://www.bbc.co.uk/news/world-asia-india-50670393 Citizenship Amendment Bill: India's new 'anti-Muslim' law explained], BBC News, 11 December 2019.</ref> The religious minorities given eligibility were listed as |
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[[Hindus]], [[Sikhs]], [[Buddhist]]s, [[Jain]]s, [[Parsis]] and [[Christians]], |
[[Hindus]], [[Sikhs]], [[Buddhist]]s, [[Jain]]s, [[Parsis]] and [[Christians]];<ref name="BBC explained"/> [[Muslim]]s were not given such eligibility.<ref>Helen Regan, Swati Gupta and Omar Khan, "[https://www.cnn.com/2019/12/11/asia/india-citizenship-amendment-bill-intl-hnk/index.html India passes controversial citizenship bill that excludes Muslims]," ''[[CNN News]]''.</ref><ref name=Samuel>Sigal Samuel, "[https://www.vox.com/future-perfect/2019/12/12/21010975/india-muslim-citizenship-bill-national-register India just redefined its citizenship criteria to exclude Muslims], "''[[Vox]]''.</ref><ref>Sam Gringlas, "[https://www.npr.org/2019/12/11/787220640/india-passes-controversial-citizenship-bill-that-would-exclude-muslims India Passes Controversial Citizenship Bill That Would Exclude Muslims]", ''[[NPR]]''</ref><ref>[https://www.japantimes.co.jp/news/2019/12/12/asia-pacific/social-issues-asia-pacific/indias-parliament-passes-contentious-citizenship-bill-excluding-muslims/#.XfP3sR-YVNB India's Parliament passes contentious citizenship bill excluding Muslims], ''[[Japan Times]]''</ref><ref name=guardian>[https://www.theguardian.com/world/2019/dec/11/india-to-bring-in-law-denying-citizenship-to-muslim-migrants]</ref> The beneficiaries had to have entered India on or before 31 December 2014, and should have faced "religious persecution or fear of religious persecution" in their countries of origin.{{efn|The requirement of persecution was obliquely mentioned in the Act through references to orders passed in 2015.<ref>Shrutisgar Yamunan, [https://scroll.in/article/945900/the-citizenship-amendment-bill-rests-on-shaky-legal-grounds-heres-why The Citizenship Bill rests on shaky legal grounds. Here’s why], Scroll.in, 6 December 2019. 'Though the bill does not seem to have the term “minority communities” and the criteria of “religious persecution” directly, it refers to the rules under the Foreigners Act amended in 2015 and 2016, which clearly mention these terms.'</ref> Most newsreports missed noting the requirement.<ref>[https://indianexpress.com/article/explained/explained-how-to-be-a-citizen-of-india-earlier-now-6165960/ Question & Answer: Citizenship amendment law explained], The Indian Express, 14 December 2019. "Although [Amit] Shah referred to non-Muslim religions as persecuted minorities, the law avoids using the word persecution in its text."</ref>}} The Act also relaxed residence requirement for [[Naturalization|naturalization]] from 11 years to 5 years for these migrants.<ref name="PRS India">{{cite web |title=The Citizenship (Amendment) Bill, 2019 |url=http://prsindia.org/sites/default/files/bill_files/Citizenship%202019%20Bill%20Text.pdf |website=PRS India |access-date=11 December 2019}}</ref> |
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The ruling [[Bharatiya Janata Party]] promised in its 2014 election manifesto to provide a natural home for persecuted Hindu refugees.<ref name="natural home"/> The travails of such refugees have since been reported in the news media.<ref>[https://www.bbc.co.uk/news/world-asia-india-34645370 Why Pakistani Hindus leave their homes for India], BBC News, 28 October 2015.</ref><ref>Shreyasee Raj, [https://thediplomat.com/2019/01/safe-but-betrayed-pakistani-hindu-refugees-in-india/ Safe But Betrayed: Pakistani Hindu Refugees in India], The Diplomat, 22 January 2019.</ref> In 2015, the government passed orders legalising such refugees irrespective of their travel documents and granting them long-term visas.<ref name=Daniyal>Shoaib Daniyal, [https://scroll.in/article/946053/four-myths-about-the-citizenship-bill-from-fighting-religious-persecution-to-helping-nrc-excluded Four myths about the Citizenship Bill – from fighting religious persecution to helping NRC-excluded], Scroll.in, 8 December 2019.</ref> Over 30,000 migrants have availed of these facilites according to the [[Intelligence Bureau (India) |Intelligence Bureau]], who are now expected to be the immediate beneficiaries of the amended Citizenship Act.<ref name="angry">{{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/ |agency=Hindustan Times |date=20 January 2019}}</ref> |
The ruling [[Bharatiya Janata Party]] promised in its 2014 election manifesto to provide a natural home for persecuted Hindu refugees.<ref name="natural home"/> The travails of such refugees have since been reported in the news media.<ref>[https://www.bbc.co.uk/news/world-asia-india-34645370 Why Pakistani Hindus leave their homes for India], BBC News, 28 October 2015.</ref><ref>Shreyasee Raj, [https://thediplomat.com/2019/01/safe-but-betrayed-pakistani-hindu-refugees-in-india/ Safe But Betrayed: Pakistani Hindu Refugees in India], The Diplomat, 22 January 2019.</ref> In 2015, the government passed orders legalising such refugees irrespective of their travel documents and granting them long-term visas.<ref name=Daniyal>Shoaib Daniyal, [https://scroll.in/article/946053/four-myths-about-the-citizenship-bill-from-fighting-religious-persecution-to-helping-nrc-excluded Four myths about the Citizenship Bill – from fighting religious persecution to helping NRC-excluded], Scroll.in, 8 December 2019.</ref> Over 30,000 migrants have availed of these facilites according to the [[Intelligence Bureau (India) |Intelligence Bureau]], who are now expected to be the immediate beneficiaries of the amended Citizenship Act.<ref name="angry">{{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/ |agency=Hindustan Times |date=20 January 2019}}</ref> |
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=== Motivation === |
=== Motivation === |
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[[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."<ref>{{Cite web |url=https://www.livemint.com/politics/news/citizenship-amendment-bill-cleared-by-lok-sabha-11575916850821.html |title=Delighted that Lok Sabha passed Citizenship Bill: PM Modi |last=Varma |first=Anuja,Gyan |date=10 December 2019 |website=Livemint |access-date=10 December 2019}}</ref> The majority of the Northeastern states members in the Lok Sabha supported the bill as their concerns were taken care by the bill.<ref>{{cite web |last1=Hebbar |first1=Nistula |title=Lok Sabha passes Citizenship Bill amidst Opposition outcry |url=https://www.thehindu.com/news/national/lok-sabha-passes-citizenship-amendment-bill/article30260415.ece |website=The Hindu |accessdate=10 December 2019}}</ref> |
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During a debate in the Indian parliament, [[Amit Shah]] argued that the bill was necessitated by, what he argued, was a "20% decline" in the religious minority population of both [[Pakistan]] and [[Bangladesh]], adding that the Indian Muslim community will not be affected by the bill.<ref>{{Cite web |url=https://timesofindia.indiatimes.com/india/citizenship-amendment-bill-tabled-in-rajya-sabha-who-said-what/articleshow/72469347.cms |title=Citizenship (Amendment) Bill tabled in Rajya Sabha: Who said what |last= |first= |date=11 December 2019 |website=[[The Times of India]] |access-date=11 December 2019}}</ref> According to ''[[BBC News]]'', the Hindu population of Pakistan (formerly [[West Pakistan]]) did not change significantly between 1951 and 1998, while the Hindu population of Bangladesh (formerly East Pakistan) declined from 1951 to 2011.<ref>[https://www.bbc.com/news/world-asia-50720273 Citizenship Amendment Bill: Are India's claims about minorities in other countries true?], ''[[BBC News]]'', December 12, 2019.</ref> |
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Amit Shah also argued “Lakhs and Crores” of people would benefit from the bill.<ref name=Nath>Damini Nath, [https://www.thehindu.com/news/national/parliament-clears-citizenship-amendment-bill/article30279517.ece?homepage=true After a heated debate, Rajya Sabha clears Citizenship (Amendment) Bill], ''[[The Hindu]]''</ref> |
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=== Exclusion of Muslims === |
=== Exclusion of Muslims === |
Revision as of 23:54, 16 December 2019
Citizenship (Amendment) Act, 2019 | |
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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 | Not yet; to be notified by the government on a date chosen by it.[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 | |
Status: Not yet in force |
The Citizenship (Amendment) Act, 2019 of the Parliament of India amended the Citizenship Act of 1955 providing a path to Indian citizenship for religious minorities from Pakistan, Bangladesh and Afghanistan.[2] The religious minorities given eligibility were listed as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians;[2] Muslims were not given such eligibility.[3][4][5][6][7] The beneficiaries had to have entered India on or before 31 December 2014, and should have faced "religious persecution or fear of religious persecution" in their countries of origin.[a] The Act also relaxed residence requirement for naturalization from 11 years to 5 years for these migrants.[10]
The ruling Bharatiya Janata Party promised in its 2014 election manifesto to provide a natural home for persecuted Hindu refugees.[11] The travails of such refugees have since been reported in the news media.[12][13] In 2015, the government passed orders legalising such refugees irrespective of their travel documents and granting them long-term visas.[14] Over 30,000 migrants have availed of these facilites according to the Intelligence Bureau, who are now expected to be the immediate beneficiaries of the amended Citizenship Act.[15]
The Amendment Act faced widespread criticism in India and abroad for being violative of the secular Constitution of India and its promise of equality under Article 14.[16][17][18] A petition opposing the bill was signed by over 1,000 Indian scientists and scholars.[19] The Act was also criticized by the United States Commission on International Religious Freedom.[20][21] Some critics of the Act believe it legalizes religious discrimination.[2][22][7]
The passage of the Act caused protests in India.[21] Muslim groups and secular groups have protested alleging religious discrimination. The people of Assam and other northeastern states continue to protest fearing that the non-Muslim illegal immigrants in their regions would be allowed to stay.[15]
There has also been concern raised at the lack of inclusion of several non-Muslim countries around India, such as Sri Lanka, over whom Shiv Sena and several religious figures have raised concern over the citizenship status of Tamil-speaking Hindus who were allowed to legally settle in the Indian state of Tamil Nadu due to previous discrimination on the island[23], and Nepal and Bhutan, the latter of which is accused of discriminating against Hindus through a Buddhist-only society.[24] Tibetans refugees from China are also excluded from the bill despite being an ongoing concern.[25]
Background
The Indian Constitution, implemented in 1950, was a secular constitution that guaranteed citizenship to all the country's residents.[26] The Indian government passed the Citizenship Act in 1955, seven years after India became an independent country. This act, and its subsequent amendments, prohibited illegal migrants from obtaining Indian citizenship.[27] The act defined illegal migrants as citizens of other countries who entered India without valid travel documents, or who remained in the country beyond the period permitted by their travel documents. It also allowed for these individuals to be deported or jailed.[27] According to UNHCR, there are more than 200,000 refugees residing in India.[28][29][b] India is not a signatory to the 1951 UN Refugee Convention and does not have a national policy on refugees. All refugees are classed as "illegal migrants". While India has been willing to host refugees, its traditional position formulated by Jawaharlal Nehru is that such refugees must return to their home countries after the situation returns to normal.[28][31]
The 2014 Indian general elections were won by the Hindu nationalist Bharatiya Janata Party (BJP). The ideology of the BJP holds that India is a Hindu nation, rather than a secular one.[32] In its manifesto for the 2014 elections, the BJP had promised to grant citizenship to Hindu refugees from Bangladesh and Pakistan.[11] After coming to power, the government announced that Bangladeshi and Pakistani nationals belonging to "minority communities" would be exempted from the requirements of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.[33] The minority communities were listed as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, and they were required to have been "compelled to seek shelter in India due to religious persecution or fear of religious persecution". Those that arrived in India before 31 December 2014 were granted exemption from the requirements,[34] and subsequently issued long-term visas.[14]
The BJP government introduced a bill to amend the citizenship law in 2016, which would have made non-Muslim migrants from Pakistan, Afghanistan, and Bangladesh eligible for Indian citizenship.[35][36] Although this bill was passed by the Lok Sabha, or lower house of Indian parliament, it stalled in the Rajya Sabha, following widespread political opposition and protests in northeast India. Opponents of the bill raised concerns that the demography of the region would change with an influx of migrants from Bangladesh.[36][37][38][39]
The BJP reiterated its commitment to amend the citizenship act in its 2019 election campaign. Among its other priorities was its belief that India had a large number of illegal Muslim immigrants. The BJP government completed an effort to update the National Register of Citizens (NRC) in the state of Assam.[40][41][42] The stated aim of this exercise was to identify illegal migrants from neighboring Bangladesh, a Muslim majority country.[41] Commentators said it was an effort to target Muslim migrants.[41] The updated register was made public in August 2019; approximately 1.9 million residents were not on the list, and were in danger of losing their citizenship.[40][41][42] A majority of those affected were Bengali Hindus, who constitute a major voter base for the BJP. Shortly before the publication of the register, the BJP withdrew its support for the entire exercise.[43]
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.[44]
Subsequently, the Union Cabinet cleared the Citizenship (Amendment) Bill, 2019 on 4 December 2019 for introduction in the parliament.[36][45] 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)[46] with 311 MPs voting in favour and 80 against the Bill.[47][48][49]
The bill was subsequently passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it.[50][51] Those voted in favour included BJP allies such as Janata Dal (United), AIADMK, Biju Janata Dal, TDP and YSR-Congress, apart from BJP.[51][50]
After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act.[52] The act will come into force on a date chosen by the Government of India, and will be notified as such.[1]
The Amendments
The Citizenshp (Amendment) Act of 2019 amended the Citizenship Act, 1955 by inserting the following provisos in section 2, sub-section (1), after clause (b):[1]
Provided that persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who have 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 order made thereunder, shall not be treated as illegal migrants for the purposes of that Act;
A new section, 6B, was inserted, providing further that on and from the date of commencement of the [Act], any person referred to in the first proviso shall be eligible to apply for naturalisation and any proceeding pending against such person in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him.[1]
The exempted classes of persons were previously defined in the Foreigners (Amendment) Order, 2015 (issued under the Foreigners Act, 1946):[34]
3A. Exemption of certain class of foreigners.- (1) Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2014
- (a) without valid documents including passport or other travel documents and who have been exempted under rule 4 from the provisions of rule 3 of the Passport (Entry into India) Rules, 1950 [...]; or
- (b) with valid documents including passport or other travel document and the validity of any of such documents has expired,
are hereby granted exemption from the application of provisions of the Foreigners Act, 1946 and the orders made thereunder in respect of their stay in India without such documents or after the expiry of those documents, as the case may be [...].[34]
The Rules were further amended in 2016 by adding Afghanistan to the list of countries.[53]
Analysis
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.[54][55] Immediate beneficiaries of the Bill, according to IB records, will be just over 30,000 people.[56] India's previous citizenship law, Citizenship Act 1955, did not consider religious affiliation to be a criterion for eligibility.[57]
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.[58][59][36][60] The inclusion of Manipur in Inner Line Permit was also announced on 9 December 2019[38] and notified on 11 December 2019[61] by amending Bengal Eastern Frontier Regulation, 1873.
The Bill includes new provisions for cancellation of 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.[36]
Motivation
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."[62] The majority of the Northeastern states members in the Lok Sabha supported the bill as their concerns were taken care by the bill.[63]
During a debate in the Indian parliament, Amit Shah argued that the bill was necessitated by, what he argued, was a "20% decline" in the religious minority population of both Pakistan and Bangladesh, adding that the Indian Muslim community will not be affected by the bill.[64] According to BBC News, the Hindu population of Pakistan (formerly West Pakistan) did not change significantly between 1951 and 1998, while the Hindu population of Bangladesh (formerly East Pakistan) declined from 1951 to 2011.[65]
Amit Shah also argued “Lakhs and Crores” of people would benefit from the bill.[66]
Exclusion of Muslims
Muslims are conspiculously absent from the groups to whom citizenship is offered in the Act. Critics have questioned the exclusion. The Act limits itself to the Muslim-majority neighbours of India and, secondly, takes no cognizance of the persecuted Muslims of those countries, such as Ahmadiyyas in Pakistan and the Hazaras in Afghanistan and Pakistan. There are said to be refugees belonging to these groups in India, who have not been offered any relief.[28][30] There are also many refugees from Sri Lanka, Nepal and most significantly Myanmar, who are not covered by the Act.[67]
Aftermath
After the bill was cleared on 4 December 2019, violent protests erupted in Assam, especially in Guwahati, and other areas in the state.[70] In Dispur, several thousands of protesters broke down police barricades to protest in front of the Assam Legislative Assembly building.[71][72] Demonstrations were held in Agartala.[73] Six people have died and fifty people have been injured in the protests against the Act.[74][75]
Internet access was restricted in Assam state. Curfew was declared in Assam and Tripura due to the protests.[76] 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.[77] Officials reported that at least two people died after clashes with police in Guwahati, Assam.[78]
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.[79] The India-Japan summit in Guwahati, which was supposed to be attended by Shinzo Abe was also cancelled.[80][81]
Reactionary protests were held in well as several metropolitan cities across India, including Kolkata[82], Delhi,[83][84], Mumbai[50], Bengaluru[85] Hyderabad,[86] and Jaipur.[83] Smaller rallies were also held in the southern states of Kerala and Karnataka.[82]
The UK, USA, France, Israel and Canada issued travel warnings for people visiting India's north-east region, telling their citizens to "exercise caution". Chief Ministers of Indian states of West Bengal, Punjab, Kerala, Madhya Pradesh and Chhattisgarh said they will not implement the law.[82][87][88]
On 15 December, police forcefully entered the campus of Jamia Milia Islamia university, where protests were being held, and detained the students. Police used batons and tear gas on the students. More than a hundred students were injured and an equal number were detained. The police action was widely criticized, and resulted in reactionary protests across the country.[89]
On 16 December, after the protests entered the fifth day, Prime Minister Narendra Modi appealed for calm in a series of tweets saying ""No Indian has anything to worry regarding this act. This act is only for those who have faced years of persecution outside and have no other place to go except India,"[75][90]
Reactions
Domestic
The foreign intelligence agency of India R&AW had expressed concern while deposing in front of the joint parliamentary committee, and had stated that the bill could be used by agents of the foreign intelligence agencies to infiltrate legally into India.[91] 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.[92] 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.[93]
A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.[19] The bill was opposed by the Indian National Congress, who said it would create communal tensions and polarize India.[94]
Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal.[95]
Commentators have expressed concerns 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 because they are not included under the Bill.[40][96][97]
International
The US Commission on International Religious Freedom (USCIRF) criticized the bill and called for sanctions[98] against Amit Shah and "other principal leadership" over passage of the Bill on 9 December 2019.[99][100] The Ministry of External Affairs (India) issued a statement in response, stating that the statement made by the USCIRF was "neither accurate nor warranted", and stating that neither the CAB nor the NRC sought to strip Indian citizens of citizenship.[101]
Imran Khan, the Prime Minister of Pakistan, criticized the proposed citizenship law for violating "bilateral agreements".[102] 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.[103]
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
Notes
- ^ The requirement of persecution was obliquely mentioned in the Act through references to orders passed in 2015.[8] Most newsreports missed noting the requirement.[9]
- ^ Indian government statistics show 289,394 "stateless persons" in India in 2014. The majority are from Bangladesh and Sri Lanka (about 100,000 each), followed by those from Tibet, Myanmar, Pakistan and Afghanistan.[30]
References
- ^ a b c d "The Citizenship (Amendment) Act, 2019" (PDF). The Gazette of India. 12 December 2019. Retrieved 14 December 2019.
- ^ a b c Citizenship Amendment Bill: India's new 'anti-Muslim' law explained, BBC News, 11 December 2019.
- ^ Helen Regan, Swati Gupta and Omar Khan, "India passes controversial citizenship bill that excludes Muslims," CNN News.
- ^ 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 [1] Cite error: The named reference "guardian" was defined multiple times with different content (see the help page).
- ^ Shrutisgar Yamunan, The Citizenship Bill rests on shaky legal grounds. Here’s why, Scroll.in, 6 December 2019. 'Though the bill does not seem to have the term “minority communities” and the criteria of “religious persecution” directly, it refers to the rules under the Foreigners Act amended in 2015 and 2016, which clearly mention these terms.'
- ^ Question & Answer: Citizenship amendment law explained, The Indian Express, 14 December 2019. "Although [Amit] Shah referred to non-Muslim religions as persecuted minorities, the law avoids using the word persecution in its text."
- ^ "The Citizenship (Amendment) Bill, 2019" (PDF). PRS India. Retrieved 11 December 2019.
- ^ a b "BJP offer of 'natural home' for Hindu refugees triggers debate". Hindustan Times. 9 April 2014.
- ^ Why Pakistani Hindus leave their homes for India, BBC News, 28 October 2015.
- ^ Shreyasee Raj, Safe But Betrayed: Pakistani Hindu Refugees in India, The Diplomat, 22 January 2019.
- ^ a b Shoaib Daniyal, Four myths about the Citizenship Bill – from fighting religious persecution to helping NRC-excluded, Scroll.in, 8 December 2019.
- ^ a b Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". Hindustan Times.
- ^ Citizenship Amendment Bill: India's new 'anti-Muslim' law explained, BBC News, 11 December 2019. "Opponents of the bill say it is exclusionary and violates the secular principles enshrined in the constitution. They say faith cannot be made a condition of citizenship."
- ^ Sumit Ganguly, Secularism Is Dying in India, Foreign Policy, 11 December 2019.
- ^ Nobel Winner Ramakrishnan Slams Amit Shah’s Argument, Condemns CAB, The Quint, 13 December 2019.
- ^ a b 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"
- ^ a b Sigal Samuel, "India just redefined its citizenship criteria to exclude Muslims, "Vox, 12 December 2019.
- ^ Will Citizenship Amendment Bill legalise religious discrimination, The Times of India, 11 December 2019.
- ^ World, Republic. "As CAB gets tabled in Rajya Sabha, exclusion of Sri Lankan Tamils causes dismay". Republic World. Retrieved 16 December 2019.
- ^ "Rajya Sabha passes Citizenship Amendment Bill: What is a Hindu and why are Myanmar, Nepal, Bhutan, Sri Lanka left out of CAB?". www.msn.com. Retrieved 16 December 2019.
- ^ Chaudhry, Suparna; Post, The Washington (13 December 2019). "India's new law may leave millions of Muslims without citizenship". StamfordAdvocate. Retrieved 16 December 2019.
- ^ Jaffrelot, Christophe (August 2019). "A De Facto Ethnic Democracy". In Chatterji, Angana P.; Hansen, Thomas Blom; Jaffrelot, Christophe (eds.). Majoritarian State: How Hindu Nationalism Is Changing India. Oxford University Press. pp. 41–67. ISBN 978-0-19-007817-1.
- ^ a b "Citizenship Amendment Bill: India's new 'anti-Muslim' law explained". BBC. 11 December 2019. Retrieved 16 December 2019.
- ^ a b c Nafees Ahmad, The Status of Refugees in India, Fair Observer, 12 September 2017.
- ^ India Factsheet, UNHCR, August 2015.
- ^ a b Question & Answer: Citizenship amendment law explained, The Indian Express, 14 December 2019.
- ^ V. Suryanarayan, Geeta Ramaseshan, Citizenship without Bias, The Hindu, 25 August 2016.
- ^ Gettleman, Jeffrey; Raj, Suhasini (9 December 2019). "India Steps Toward Making Naturalization Harder for Muslims". New York Times. Retrieved 16 December 2019.
- ^ Exemptions to minority community nationals from Bangladesh and Pakistan in regularization of their entry and stay in India, Ministry of Home Affairs, 7 September 2015.
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Further reading
External links
- Passport (Entry into India) Amendment Rules, 2015 and Foreigners (Amendment) Order, 2015, The Gazette of India No. 553, 8 September 2015.
- Citizenship (Amendment) Bill as introduced in Lok Sabha, 2016, PRS Legislative Research, 2016.
- Report of the Joint Parliament Committee, Lok Sabha Secretariat, 2019 (via PRS Legislative Research).
- Citizenship (Amendment) Bill as introduced in Lok Sabha, 2019, PRS Legislative Research, 2019.
- Citizenship (Amendment) Bill as passed by the Lok Sabha, 2019, PRS Legislative Research, 2019.