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To obtain citizenship under the amended law, an applicant must have entered India by 31 December 2014, and have suffered "[[religious persecution]] or fear of religious persecution" in their country of origin.<ref name=":4" /> The amendment also relaxes the residence requirement for [[naturalization|naturalisation]] of these migrants from 11 years to 5 years.<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> According to the Indian [[Intelligence Bureau (India)|Intelligence Bureau]], over 30,000 migrants are expected to be benefited from the amended Citizenship Act.<ref>{{Cite web|url=https://www.firstpost.com/india/how-many-immigrants-will-benefit-from-citizenship-act-25447-hindus-5807-sikhs-55-christians-two-buddhists-and-two-parsis-says-intelligence-bureau-7784581.html|title=How many immigrants will benefit from Citizenship Act? 25,447 Hindus, 5,807 Sikhs, 55 Christians, two Buddhists and two Parsis, says Intelligence Bureau|website=Firstpost|access-date=2019-12-18}}</ref>
To obtain citizenship under the amended law, an applicant must have entered India by 31 December 2014, and have suffered "[[religious persecution]] or fear of religious persecution" in their country of origin.<ref name=":4" /> The amendment also relaxes the residence requirement for [[naturalization|naturalisation]] of these migrants from 11 years to 5 years.<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> According to the Indian [[Intelligence Bureau (India)|Intelligence Bureau]], over 30,000 migrants are expected to be benefited from the amended Citizenship Act.<ref>{{Cite web|url=https://www.firstpost.com/india/how-many-immigrants-will-benefit-from-citizenship-act-25447-hindus-5807-sikhs-55-christians-two-buddhists-and-two-parsis-says-intelligence-bureau-7784581.html|title=How many immigrants will benefit from Citizenship Act? 25,447 Hindus, 5,807 Sikhs, 55 Christians, two Buddhists and two Parsis, says Intelligence Bureau|website=Firstpost|access-date=2019-12-18}}</ref>

Passage of the legislation caused [[Citizenship Amendment Act protests|large scale protests]] in India.<ref name="Sigal 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 (website)|Vox]]'', 12 December 2019.</ref> Muslim groups and secular groups have protested, alleging [[religious discrimination]].<ref>[https://timesofindia.indiatimes.com/india/will-citizenship-amendment-bill-legalise-religious-discrimination/articleshow/72449945.cms Will Citizenship Amendment Bill legalise religious discrimination], The Times of India, 11 December 2019.</ref><ref name="TheGuardian">{{cite web|url=https://www.theguardian.com/world/2019/dec/11/india-to-bring-in-law-denying-citizenship-to-muslim-migrants|title=Indian citizenship law discriminatory to Muslims passed|date=11 December 2019|website=The Guardian}}</ref>

A large number of people in [[Assam]] and other [[Northeast India|northeastern states]] have been protesting against the bill over fears that non-Muslim [[Illegal immigration to India|illegal immigrants]] present in the states would be allowed to stay and that the bill could fuel a rise in further illegal immigration, possibly impacting the culture and society of the region.<ref name="angry">{{cite news|url=https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/|title=Explained: Why Assam, Northeast are angry|last1=Saha|first1=Abhishek|date=20 January 2019|work=The Indian Express|access-date=|url-status=live|archive-url=https://web.archive.org/web/20190118005323/https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/|archive-date=18 January 2019|agency=|quote=From its records, the IB gave a count of 31,313 (25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis) who have been given Long Term Visas on their claim of religious persecution in the three countries.}}</ref><ref>{{Cite web|url=https://abcnews.go.com/International/protests-turn-violent-india-controversial-citizenship-law/story?id=67755858|title=Protests turn violent in India over controversial citizenship law|website=ABC News|language=en|access-date=2019-12-18}}</ref> After the act was passed, protests in the region turned violent, with more than 3,000 people being arrested by 17 December 2019;<ref>{{Cite web|url=https://www.indiatoday.in/india/story/caa-protests-assam-congress-worker-arrested-1628876-2019-12-17|title=Assam violence: Congress worker, 190 more arrested|author=Munish Chandra Pandey|website=India Today|language=en|access-date=2019-12-18|location=Guwahati|date=17 December 2019}}</ref> some news outlets have described these protests as riots.<ref>{{Cite web|url=https://news.yahoo.com/assams-sons-soil-cherish-protest-symbol-073729856.html|title=Assam's 'sons of the soil' cherish new protest symbol|website=news.yahoo.com|language=en-US|access-date=2019-12-18}}</ref>

There has also been concern voiced regarding the exclusion of several non-Muslim countries around India, such as [[Sri Lanka]], over whom [[Shiv Sena]] and several religious figures have queried about the citizenship status of [[Sri Lankan Tamils|Tamil-speaking Hindus]] who were allowed to [[Refugees in India|legally settle]] in the Indian state of [[Tamil Nadu]] due to previous discrimination on the island,<ref>{{Cite web|url=https://www.republicworld.com/india-news/general-news/as-cab-gets-tabled-in-rajya-sabha-exclusion-of-sri-lankan-tamils-caus|title=As CAB gets tabled in Rajya Sabha, exclusion of Sri Lankan Tamils causes dismay|last=World|first=Republic|website=Republic World|access-date=2019-12-16}}</ref> and [[Nepal]] and [[Bhutan]], the latter of which is accused of discriminating against Hindus through a Buddhist-only society.<ref>{{Cite web|url=http://www.msn.com/en-in/news/newsindia/rajya-sabha-passes-citizenship-amendment-bill-what-is-a-hindu-and-why-are-myanmar-nepal-bhutan-sri-lanka-left-out-of-cab/ar-AAK0NL1|title=Rajya Sabha passes Citizenship Amendment Bill: What is a Hindu and why are Myanmar, Nepal, Bhutan, Sri Lanka left out of CAB?|website=www.msn.com|access-date=2019-12-16}}</ref> [[Tibetan diaspora|Tibetan refugees]] from [[China]] are also excluded from the bill despite being an [[Tibetan independence movement|ongoing concern]] and being unable to acquire Indian nationality.<ref>{{Cite web|url=https://www.stamfordadvocate.com/news/article/India-s-new-law-may-leave-millions-of-Muslims-14905134.php|title=India's new law may leave millions of Muslims without citizenship|last=Chaudhry|first=Suparna|last2=Post|first2=The Washington|date=2019-12-13|website=StamfordAdvocate|access-date=2019-12-16}}</ref><ref>{{Cite web|url=https://www.refworld.org/docid/3ae6aab124.html|title=Refworld {{!}} India: 1) Legal status of Tibetan refugees; 2) Rights of Tibetans to Indian nationality|author=United Nations High Commissioner for Refugees|website=Refworld|language=en|access-date=2019-12-17}}</ref>


==Background==
==Background==
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=== Exclusion of Muslims ===
=== Exclusion of Muslims ===
Muslims are absent from the groups to whom citizenship is offered as a right under Amendment.<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="TheGuardian" /> Critics have questioned the exclusion. The Amendment limits itself to the Muslim - majority neighbours of India and, secondly, takes no cognizance of the persecuted Muslims of those countries, such as [[Ahmadiyya]]s in Pakistan and the [[Hazara people|Hazaras]] in Afghanistan and Pakistan. There are said to be refugees belonging to these groups in India, who have not been offered any relief.<ref name="Fair Observer"/><ref name="IE explained">[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.</ref>
Muslims are absent from the groups to whom citizenship is offered as a right under Amendment.<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="TheGuardian">{{cite web|url=https://www.theguardian.com/world/2019/dec/11/india-to-bring-in-law-denying-citizenship-to-muslim-migrants|title=Indian citizenship law discriminatory to Muslims passed|date=11 December 2019|website=The Guardian}}</ref> Critics have questioned the exclusion. The Amendment limits itself to the Muslim - majority neighbours of India and, secondly, takes no cognizance of the persecuted Muslims of those countries, such as [[Ahmadiyya]]s in Pakistan and the [[Hazara people|Hazaras]] in Afghanistan and Pakistan. There are said to be refugees belonging to these groups in India, who have not been offered any relief.<ref name="Fair Observer"/><ref name="IE explained">[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.</ref>


=== Exclusion of Non-Muslim countries ===
=== Exclusion of Non-Muslim countries ===

Revision as of 09:31, 18 December 2019

Citizenship (Amendment) Act, 2019
Parliament of India
  • An Act further to amend the Citizenship Act, 1955.
CitationAct No. 47 of 2019
Passed byLok Sabha
Passed10 December 2019 (2019-12-10)
Passed byRajya Sabha
Passed11 December 2019 (2019-12-11)
Assented to12 December 2019 (2019-12-12)
Signed byRam Nath Kovind
President of India
Signed12 December 2019 (2019-12-12)
EffectiveNot yet; to be notified by the government on a date chosen by it. (Not yet; to be notified by the government on a date chosen by it.)[1]
Legislative history
First chamber: Lok Sabha
Bill titleCitizenship (Amendment) Bill, 2019
Bill citationBill No. 370 of 2019
Introduced byAmit Shah
Minister of Home Affairs
Introduced9 December 2019; 4 years ago (2019-12-09)
First reading9 December 2019 (2019-12-09)
Second reading10 December 2019 (2019-12-10)
Third reading11 December 2019 (2019-12-11)
Amends
Citizenship Act, 1955
Status: Not yet in force

The Citizenship (Amendment) Act, 2019, is a legislation passed by the Parliament of India on 11 December 2019. It amends the Citizenship Act of 1955 by providing a path to Indian citizenship for religious minorities from the predominantly Muslim countries of Pakistan, Bangladesh and Afghanistan. Six minorities are specified in the bill: Hindus, Sikhs, Buddhists, Jains, Parsis and Christians. [2]

To obtain citizenship under the amended law, an applicant must have entered India by 31 December 2014, and have suffered "religious persecution or fear of religious persecution" in their country of origin.[2] The amendment also relaxes the residence requirement for naturalisation of these migrants from 11 years to 5 years.[3] According to the Indian Intelligence Bureau, over 30,000 migrants are expected to be benefited from the amended Citizenship Act.[4]

Background

The Indian Constitution was implemented in 1950, which is a secular constitution that guarantees citizenship to all of the country's residents.[5] 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. 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.[6] According to UNHCR, there are more than 200,000 refugees residing in India.[7][8][a] 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.[7][10]

The 2014 Indian general elections were won by the Hindu nationalist Bharatiya Janata Party (BJP), who had promised in its election manifesto to provide a natural home for persecuted Hindu refugees.[11] In 2015, the government passed orders legalising such refugees irrespective of their travel documents and granting them long-term visas.[12] They also 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.[13] 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,[14] and subsequently issued long-term visas.[12]

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.[15][16] 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.[16][17][18][19]

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.[20][21][22] The stated aim of this exercise was to identify illegal migrants from neighboring Bangladesh, a Muslim majority country.[21] Commentators said it was an effort to target Muslim migrants.[21] 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.[20][21][22] 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.[23]

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.[24]

Subsequently, the Union Cabinet cleared the Citizenship (Amendment) Bill, 2019, on 4 December 2019 for introduction in the parliament.[16][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,[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.[31][30]

After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act.[32] The act will come into force on a date chosen by the Government of India, and will be notified as such.[1] The first hearing by the Supreme Court of India on petitions challenging the Act was on 18 December 2019. Nearly 60 petitions have been filed.[33]

The Amendments

The Citizenship (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):[14]

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 [...].[14]

The Rules were further amended in 2016 by adding Afghanistan to the list of countries.[34]

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.[35][36] Immediate beneficiaries of the Bill, according to IB records, will be just over 30,000 people.[37] India's previous citizenship law, Citizenship Act 1955, did not consider religious affiliation to be a criterion for eligibility.[38]

Under the Act, one of the requirements for citizenship by naturalisation 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, and Tripura from its applicability. It also exempts the areas regulated through the Inner Line Permit, which include Arunachal Pradesh, Mizoram and Nagaland.[39][40][16][41] The inclusion of Manipur in Inner Line Permit was also announced on 9 December 2019.[18]

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.[16]

Exclusion of Muslims

Muslims are absent from the groups to whom citizenship is offered as a right under Amendment.[42][43][44][45][46] Critics have questioned the exclusion. The Amendment 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.[7][9]

Exclusion of Non-Muslim countries

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 about 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,[47] and also "Hill Tamils" brought to Sri Lanka during colonial times who wish to go back.[48]

Nepal and Bhutan are overlooked as well, the latter of which is accused of discriminating against Hindus through a Buddhist-only society.[49] Furthermore, Lhotshampa refugees from Bhutan that are currently residing in Nepali refugee camps are awaiting resettlement into a third country, yet have not been given citizenship to neither Nepal or India, unable to legally reside in Nepal and essentially being stateless. These people are primarily Hindu or Buddhist.[50]

Tibetan refugees from China are also excluded from the bill despite being an ongoing concern and primarily Buddhist. They are unable to acquire Indian nationality.[51][52] The Dalai Lama has stated that he considers himself a refugee and "enjoy[s] India's freedom".[53]

Aftermath

Main article: Citizenship Amendment Act protests
Locals protest against the CAB in the capitol on 14 December 2019
Locals and Jamia Millia Islamia students protest against CAA/NRC in New Delhi on 15 December 2019[54][55]

After the bill was cleared on 4 December 2019, violent protests erupted in Assam, especially in Guwahati, and other areas in the state.[56] In Dispur, several thousands of protesters broke down police barricades to protest in front of the Assam Legislative Assembly building.[57][58] Demonstrations were held in Agartala.[59] Six people have died and fifty people have been injured in the protests against the Act.[60][61]

Internet access was restricted in Assam state. Curfew was declared in Assam and Tripura due to the protests. Royal family of Tripura also filed a petition in the Supreme Court of India against the bill. [62] 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.[63] Officials reported that at least two people died after clashes with police in Guwahati, Assam.[64]

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.[65] The India-Japan summit in Guwahati, which was supposed to be attended by Shinzo Abe was also cancelled.[66][67]

Reactionary protests were held in well as several metropolitan cities across India, including Kolkata,[68] Delhi,[69][70], Mumbai[30], Bengaluru[71] Hyderabad,[72] and Jaipur.[69] Smaller rallies were also held in the southern states of Kerala and Karnataka.[68]

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.[68][73][74]

Wikimedia Commons has media related to Citizenship (Amendment) Act, 2019.

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.[75]

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,"[61][76]

Reactions

The legislation has been criticised in India and abroad for allegedly violating the secular Constitution of India and its promise of equality under Article 14.[6][77][78]

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.[79] 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.[80] 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.[81]

A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.[82] The bill was opposed by the Indian National Congress, who said it would create communal tensions and polarize India.[83]

Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal.[84]

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 being staleless because they are not included under the Bill.[20][85][86]

International

The Office of the United Nations High Commissioner for Human Rights (OHCHR) criticized the Act and called it "fundamentally discriminatory in nature". It added, "Although India’s broader naturalization laws remain in place, these amendments will have a discriminatory effect on people’s access to nationality."[87]

The United States Commission on International Religious Freedom (USCIRF) called for sanctions[88] against Amit Shah and "other principal leadership" over passage of the Bill.[89] India's Ministry of External Affairs issued a statement in response, stating that the statement made by the USCIRF was "neither accurate nor warranted", and that neither the CAB nor the NRC sought to strip Indian citizens of citizenship.[90][91][92] The United States House Committee on Foreign Affairs questioned the intent of the Bill and noted that "[a]ny religious test for citizenship undermines this most basic democratic tenet."[93]

Pakistan Prime Minister Imran Khan criticized the Act in that "violates all norms of international human rights law and bilateral agreements with Pakistan".[94] 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 were facing religious persecution in his country.[95]

See also

Notes

  1. ^ 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.[9]

References

  1. ^ a b c d "The Citizenship (Amendment) Act, 2019" (PDF). The Gazette of India. 12 December 2019. Retrieved 14 December 2019.
  2. ^ a b "Parliament passes the Citizenship (Amendment) Bill 2019". pib.gov.in. Retrieved 18 December 2019.
  3. ^ "The Citizenship (Amendment) Bill, 2019" (PDF). PRS India. Retrieved 11 December 2019.
  4. ^ "How many immigrants will benefit from Citizenship Act? 25,447 Hindus, 5,807 Sikhs, 55 Christians, two Buddhists and two Parsis, says Intelligence Bureau". Firstpost. Retrieved 18 December 2019.
  5. ^ 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.
  6. ^ a b Cite error: The named reference BBC: law explained was invoked but never defined (see the help page).
  7. ^ a b c Nafees Ahmad, The Status of Refugees in India, Fair Observer, 12 September 2017.
  8. ^ India Factsheet, UNHCR, August 2015.
  9. ^ a b Question & Answer: Citizenship amendment law explained, The Indian Express, 14 December 2019.
  10. ^ V. Suryanarayan, Geeta Ramaseshan, Citizenship without Bias, The Hindu, 25 August 2016.
  11. ^ "BJP offer of 'natural home' for Hindu refugees triggers debate". Hindustan Times. 9 April 2014.
  12. ^ a b Shoaib Daniyal, Four myths about the Citizenship Bill – from fighting religious persecution to helping NRC-excluded, Scroll.in, 8 December 2019.
  13. ^ 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.
  14. ^ a b c The Gazette of India, Issue 553 of 2015, 8 September 2015.
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Further reading

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