Citizenship (Amendment) Act 2019

– The Conflict Between Humanity

& Cultural Identity
Updates *

Recently, the Parliament has passed the Citizenship (Amendment) Bill, 2019

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which seeks to ease norms for religious minorities from neighboring nations (non-
Muslims) to get Indian citizenship by amending the age-old Citizenship Act, 1955.

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However, it has polarized regions in border states such as Assam since the locals
fear that it will result in demographic change due to immigration. *
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What are the key features of the

Citizenship Act, 1955?
In India, the Citizenship Act, 1955 prescribes 5 ways to acquire citizenship viz –
Birth, Descent, Registration, Naturalization & Incorporation of the territory.

Who is a citizen?

A person born outside India on or after January 26, 1950, but before December
10, 1992, is a citizen of India if his/her father was a citizen of India at the time of
his/her birth.

Who is an illegal immigrant?

An illegal immigrant refers to the person who enters India without a valid
passport or stays in the country after the expiry of the visa permit.
An immigrant who uses false documents for the immigration process is
also an illegal immigrant.
(In short, illegal immigrants of Hindu, Sikh, Buddhist, Jain, Parsi or

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Christian religious communities from Afghanistan, Bangladesh or Pakistan
will be imprisoned or deported.)

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Who is not a citizen?

Under Article 9 of the Indian constitution, a person who voluntarily

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acquires citizenship of any other country is no longer an Indian citizen.
From December 3, 2004, onwards, persons born outside of India shall not
be considered citizens of India except their birth is registered at an Indian
consulate within 1 year of the date of birth.
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If an adult makes a declaration of renunciation of Indian Citizenship, then

he loses Indian citizenship.

Citizenship by naturalization

Under The Citizenship Act, 1955, one of the requirements for citizenship by
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naturalisation is that the applicant must have resided in India during the last 12
months, as well as for 11 of the previous 14 years.*
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What are the key features of the

Citizenship (Amendment) Act, 2019?
It proposes that non-muslim communities such as Hindus, Sikhs,
Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh,
and Pakistan, who entered India on or before December 31, 2014, will not
be treated as illegal immigrants even when they have entered India
without valid documents. *
It seeks to include a separate column in the citizenship form for
 applicants belonging to these 6 communities from those 3 countries.
They will not be deported as illegal immigrants under the Passport (Entry
into India) Act of 1920 and the Foreigners Act of 1946.
Citizenship will be granted by relaxing the requirement of residence in
India for citizenship by naturalisation from 11 years to 5 years for these
migrants. *
Exceptions: The provisions on citizenship for illegal migrants will not
apply to two categories – states protected by the ‘Inner Line’, and
areas covered under the Sixth Schedule of the Constitution. *

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Inner Line Permit (ILP): This is a special permit that
citizens from other parts of India need to enter a state-

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protected by the ILP regime. Without an ILP granted by
the state government, an Indian from another state cannot
visit a state that is under the ILP regime.
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Sixth Schedule: relates to special provisions in the
administration of certain Northeastern states (Assam,
Mizoram, Meghalaya, and Tripura). It gives special
powers for Autonomous District Councils (ADCs) in these
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states.

It also empowers the government to withdraw registration as OCI due to

any violation of the Citizenship Act or any other laws.
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What is the need for an amendment?

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(Arguments for)
Many people of Indian origin have been applying for citizenship under the
Citizenship Act of 1955, however, they are unable to produce valid proof
of their Indian origin.
These include persons belonging to the 6 minority
communities (Hindu, Sikh, Buddhist, Jain, Parsi &
Christian) from Afghanistan, Pakistan and Bangladesh.
Hence, they are forced to apply for citizenship through
naturalization which prescribes 11 years’ residency in
India as a condition. Such a long-term process denies
them the opportunities and advantages that may apply
 only to citizens of India.
Moreover, they are likely to permanently stay in India.
Hence it highlights the need for some legislative
safeguard to them.
It will save the victims of the partition (Hindu-Bengalis) who got stuck in
East-Pakistan (Bangladesh) in early years.
Notably, the religious minorities in Bangladesh are being
persecuted by non-state actors (Islamic extremists) =
many have crossed borders and settled down in Border
States illegally and they remain stateless for years now.

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Thus the bill would prove to be a huge relief for those

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people.
Bengali speaking region of Barak Valley in Assam has largely welcomed
the proposal. PR
What are the arguments against?
The bill has stirred protests in the Brahmaputra valley of Assam, which
has a predominantly Assamese speaking population due to the reasons as
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follows.
The bill will only aggravate the illegal migration from
Bangladesh which might change the demography of
Assam.
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It violates the 1985 Assam Accord, which was signed to

end illegal Bangladeshi migration irrespective of religion.
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Under this accord, any person who came into Assam after
March 24, 1971 (just before the Bangladeshi war) would
be considered as a foreigner.
The bill also violates the final draft of the National
Register of Citizens (NRC) that excludes nearly 40 lakh
people. Because the bill would grant citizenship to all
Hindus who came to Assam from Bangladesh even after
the NRC cut-off date of March 1971.
So the bill is considered to be a threat to the cultural and
linguistic identity of the people of Assam and other North-
East states in India.
 Furthermore, the bill violates the basic tenets of the constitution.
It violates the Fundamental Right to Equality under
Article 14 by distinguishing illegal immigrants on the
basis of religion and specifically targeting Muslims.
Notably, the protection of Article 14 applies equally to
both citizens and foreigners.
It also violates the provisions of secularism in fundamental
rights, directive principles and fundamental duties of the
constitution.
India has several other refugees that include Tamils from

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Sri Lanka and Rohingya from Myanmar. They are not

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covered under the Act. *
It will be difficult for the government to differentiate between illegal
migrants and those persecuted.*
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What is the government’s stand on this
issue?
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The government claims that these persecuted migrants will be eligible to

apply for citizenship only after intense assessment and recommendation
of district authorities and state government.
The government has also clarified that Pakistan, Afghanistan, and
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Bangladesh are Islamic republics where Muslims are in majority hence

they cannot be treated as persecuted minorities. *
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The beneficiaries under the Citizenship Amendment Bill can reside in any
state of India = the burden of these persecuted migrants will be shared by
the entire country and not only Assam.
Moreover, these migrants were earlier given protection against legal
action in the years 2015 & 2016. Long term visa protection was also
granted to them. Thus the proposed amendment will only extend these
benefits further to make these persecuted migrants eligible to apply for
citizenship.
What is the way forward?
While addressing the rights of Chakma refugees, the Supreme Court in
NHRC vs. State of Arunachal Pradesh case provided equal protection
before the law and rights under Article 21 (Right to life) to all immigrants
including those who are considered as illegal.
With the passage of this legislation, then by means of naturalization, these
persecuted immigrants would be entitled to enjoy the benefits of rights
guaranteed under the constitution of India, including equality, free of

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speech and expression, life, vote, work, food, etc.
Hence, the law should not limit itself to minorities from Afghanistan,

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Pakistan, and Bangladesh, but also include refugees from persecuted
minorities of all religions who have made India their home.

Recent protests *
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A large section of people and organizations in the Northeast, especially in
Assam and Tripura, have opposed this new Act stating that it will nullify
the provisions under the Assam Accord of 1985, which fixed March 24,
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1971, as the cut-off date for deportation of all illegal immigrants

irrespective of religion.
Protests in the Northeast against the legislation have intensified in the
past few days leading to the death of two persons due to police firing in
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Assam.
The shooting was done in response to the thousands of people descending
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on the streets to defy the curfew.

Several towns and cities were placed under indefinite curfew including
Guwahati, the epicenter of the protests.
The opposition has moved to Supreme Court to challenge this Act stating
that it is violating the fundamental Right of Equality of the Indian
Constitution as it intends to grant citizenship to a section of illegal
immigrants by making exclusion on the basis of religion.

Test Yourself
Why is Citizenship (Amendment) Act, 2019 being opposed by many? Is it right for
India to accept immigrants who are fleeing persecution on the basis of religion?

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