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The '''Citizenship (Amendment) Bill, 2019''' (CAB) is a bill amending the [[Indian nationality law|Citizenship Act of 1955]] to give a path to Indian citizenship to illegal migrants who are [[Hindus]], [[Sikhs]], [[Buddhist]]s, [[Jain]]s, [[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|naturalisation]] 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 |accessdate=11 December 2019}}</ref> |
The '''Citizenship (Amendment) Bill, 2019''' (CAB) is a bill amending the [[Indian nationality law|Citizenship Act of 1955]] to give a path to Indian citizenship to illegal migrants who are [[Hindus]], [[Sikhs]], [[Buddhist]]s, [[Jain]]s, [[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|naturalisation]] 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 |accessdate=11 December 2019}}</ref> Immediate beneficiaries of the Bill, according to [[Intelligence Bureau (India)|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> |
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India Passes Controversial Citizenship Bill That Would Exclude Muslims]", ''[[NPR]]''</ref> Immediate beneficiaries of the Bill, according to [[Intelligence Bureau (India)|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> |
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The [[Union Council of Ministers|Union Cabinet]] cleared the Bill 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.<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=10 December 2019}}</ref><ref name="passed">{{Cite web|url=https://www.indiatoday.in/india/story/citizenship-amendment-bill-set-to-become-act-after-clearing-rajya-sabha-test-1627454-2019-12-11|title=Citizenship Amendment Bill set to become Act after clearing Rajya Sabha test|date=11 December 2019|website=[[India Today]]|archive-url=|archive-date=|access-date=11 December 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 2019 and, subsequently, in the [[Rajya Sabha]] on 11 December 2019.<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=10 December 2019}}</ref><ref name="passed">{{Cite web|url=https://www.indiatoday.in/india/story/citizenship-amendment-bill-set-to-become-act-after-clearing-rajya-sabha-test-1627454-2019-12-11|title=Citizenship Amendment Bill set to become Act after clearing Rajya Sabha test|date=11 December 2019|website=[[India Today]]|archive-url=|archive-date=|access-date=11 December 2019}}</ref> |
Revision as of 17:57, 12 December 2019
Citizenship (Amendment) Bill, 2019 | |
---|---|
Parliament of India | |
Citation | Bill No. 370 of 2019 |
Enacted by | Rajya Sabha |
Enacted | 11 December 2019 |
Enacted by | Lok Sabha |
Enacted | 10 December 2019 |
Legislative history | |
First chamber: Rajya Sabha | |
Bill title | Citizenship (Amendment) Bill (CAB) |
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.[1] | |
Status: Pending |
The Citizenship (Amendment) Bill, 2019 (CAB) is a bill 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 naturalisation from 11 years to 5 years for these migrants.[2] Immediate beneficiaries of the Bill, according to IB records, will be just over 30,000 people.[3]
The Union Cabinet cleared the Bill 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.[4][5]
The passage of the bill caused protests in India.[6] A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.[7] The bill was also criticized by the United States Commission on International Religious Freedom.[8][6]
Background
During the 2014 elections, the Bharatiya Janata Party had promised to grant citizenship to Hindu refugees from Bangladesh and Pakistan.[9] 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.[10][11]
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.[12]
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.[13]
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.[14][15] It lapsed with the dissolution of the 16th Lok Sabha.[15][16]
Subsequently, the Union Cabinet cleared the Citizenship (Amendment) Bill, 2019 on 4 December 2019 for introduction in the parliament.[15][17] 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)[18] with 311 MPs voting in favour and 80 against the Bill.[19][20][21]
The bill was subsequently passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 99 votes against it.[22][23] Those voted in favour included BJP allies such as Janata Dal (United), AIADMK, Biju Janata Dal, TDP and YSR-Congress, apart from BJP.[23][22]
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.[24][25][15][26] The inclusion of Manipur in Inner Line Permit is also announced on 10 December 2019.[11]
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.[15]
Aftermath
Internet was shutdown in the north-eastern state of Assam and curfew declared in Assam and Tripura due to huge protests.[27] 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.[28] Officials reported that at least two people died after clashes with police in Guwahati, Assam.[29]
Reactions
Domestic
Criticism
A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.[30] Indian academic Pratap Bhanu Mehta,[31] considered the bill to be a violation of the secular Constitution of India. Faizan Mustafa, constitutional law professor, also considered the bill a violation of India's constitution.[32]
The bill was opposed by the Indian National Congress, who said it would create communal tensions and polarize India.[32]
The bill was also criticized by Muslims in India.[33] Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal.[34] Muslim MP Asaddudin Owaisi said it could make Indian Muslims stateless.</ref name=bbc>
The BJP has committed to apply National Register of Citizens (NRC) across India in order to identify citizens and "expel" illegal immigrants.[12] 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.[12][35][36]
Immediate beneficiaries of the Bill, according to Intelligence Bureau records, will be just over 30,000 people.[37]
Support
During a debate in the Indian parliament, Amit Shah agrued 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.[38]
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."[39] The majority of the Northeastern states members in the Lok Sabha supported the bill as their concerns were taken care by the bill.[40]
International
The US Commission on International Religious Freedom (USCIRF) called for sanctions[41] against Amit Shah and "other principal leadership" over passage of the Bill on 9 December 2019.[42][43] The Ministry of External Affairs (India) issued a statement following this:[44]
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".[45] In January 2019, Research and Analysis Wing 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."[46][47]
Author and activist Tasleema Nasreen, who supports the bill,[48] said-[49]
"So many liberal, secular and reformers have been persecuted by Muslim fundamentalists in Bangladesh, Pakistan and Afghanistan. Muslim countries are not safe for them. They don't get visa for Europe or America. What will happen to them? They have to shut their mouth or get killed."
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
- ^ "CAB, 2019 Bill Summary" (PDF). PRS India. 9 December 2019.
- ^ "The Citizenship (Amendment) Bill, 2019" (PDF). PRS India. Retrieved 11 December 2019.
- ^ 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 Cite error: The named reference
Samuel
was invoked but never defined (see the help page). - ^ 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"
- ^ "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 "The Citizenship (Amendment) Bill, 2019. Highlights, Issues and Summary". PRS Legislative Research.
{{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 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 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 125-99, indefinite curfew and Army in Guwahati". The Times of India. 12 December 2019. Retrieved 12 December 2019.
{{cite web}}
: CS1 maint: url-status (link) - ^ "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-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.
- ^ India will become unconstitutional ethnocracy: Over 1,000 scholars, scientists seek withdrawal of Citizenship Bill, India Today
- ^ "India passes controversial citizenship law excluding Muslim migrants"
- ^ a b "What you should know about India's 'anti-Muslim' citizenship bill". Al Jazeera. 9 December 2019.
- ^ Jeffrey Gettleman and Suhasini Raj, "Indian Parliament Passes Divisive Citizenship Bill, Moving It Closer to Law," New York Times
- ^ 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.
- ^ "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) - ^ 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.
- ^ "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.
- ^ Das, Madhuparna (19 July 2016). "BJP finds ally in Taslima Nasreen to build support for citizenship bill". The Economic Times. Retrieved 11 December 2019.
- ^ @taslimanasreen (10 December 2019). "So many liberal, secular & reformer Muslims have been persecuted by Muslim fundamentalists in Bangladesh, Pakistan &Afghanistan. Muslim countries are not safe for them. They don't get visa for Europe/America. What will happen to them? They have to shut their mouth or get killed" (Tweet) – via Twitter.
Further reading
External links
- Rules under Foreigners Act, 1946, The Gazette of India, 7 September 2015.