The controversial Citizenship amendment act was passed by
Rajya sabha on 11th December 2019. 125 members of the Parliament
voted in favour of the act, while 99 MPs voted against it. This act caused a
havoc amongst some people all over the country and has caused a political churn
in India. The original Citizenship act was passed in the year 1955. The
original act is ‘all the people that were resident in India at the commencement
of the Constitution were citizens of India as well as people born in India.’ This
act has been amended in 1986, 1992, 2003, 2005, 2005 and now in 2019. The amendment
in 2019, provided a path to Indian Citizenship to illegal migrants of Hindu,
Sikh, Buddhist, Jain, Parsi and Christian minorities who had fled from
Pakistan, Bangladesh and Afghanistan before December 2014. The controversy
arose when the Muslims from these countries were not given this eligibility.
Under this amendment, immigrants who had entered India by 31st
December 2014 and had suffered religious oppression or fear of religious harassment
in their countries of origin, were made eligible for the Indian citizenship.
This amendment also relaxed the residence requirement for
neutralisation of these migrants from twelve years to six years. However, this
amendment was wildly criticised. The opponents claimed that this act allows the
discrimination on the basis of religion and biased towards Muslim community who
claim to be minority section of the country. Critics claim that this bill will
be used along with National Register of Citizens (NRC) against many Muslim
citizens who don’t possess any kind of birth or identity proof. The opposition
also questions the Indian government lead by Bharatiya Janata Party who
excluded religious minorities from the countries like Sri Lanka, Tibet and
Myanmar. The Indian government answered this question by saying that, ’countries
like Pakistan, Afghanistan and Bangladesh are Islamists and hence Muslims are
unlikely to face any religious harassment there’ which is a logical statement. Certain
states of India Assam, Meghalaya, Mizoram and Tripura are exempted from Citizenship
Amendment Bill.
According to the citizenship act amendment in 2003, illegal
immigrants are ineligible to apply for citizenship by registration and
neutralisation. And their children are also declared as illegal immigrants.
These illegal immigrants were stated as citizens of other countries who have
entered India without any valid travel documents or remained in India beyond
the permitted time. These illegal immigrants can be jailed or deported for
illegal stay in the country. A very large number of illegal immigrants from the
countries like Bangladesh live in India in a secrecy. India is not a signatory
to 1951 UN Refugee Convention as well as 1967 protocol. And India does not have
any national policy on refugees as well. Still, according to US Committee for
Refugees and Immigrants, India has excess 4, 56, 000 refugees.
When this Citizenship Act amendment was passed in 2019, the
question of illegal immigrants arose. As people are unaware of the details of
this act and hence they stared panicking and started a movement against this
act. In some areas they started violent protests as well.
But Muslim citizens of India who claim all the rights of
Indian citizenship and those who have any valid document need not worry as they
don’t have any threat due to this act.
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