Citizenship Amendment Act 2019 (CAA) - Bill E xplained in Cc Detail for UPS The Citizenship: Amendment Bill (CAA Bill) was first introduced in 2016 in Lok Sabha bs minending the Citizenship Act of 1955. This bill was referred to a Joint Parlin Committee, whose report was liter submitted on Janay Ann 2019. The Cittzenship dent Bill wax passed! on January 82019, by the Eaok Sabha which lnyased with th dissilition of the 16th 1.ok Sabla. This Bill was introduced axain on 9 De he Minister of Home Affairs Amit Shai in the (70h Lok: Sabha andl was tatee pa December 2019. The Rajya Sab assed the bill on {14h De z The CAA was passed (0 provide Indian citizenship to the illeg sf migrants who entered Hidia omor before 31 December 2014, The Act wits passed fe ix different religions rants, such as Hindus, Sikhs, Buddhists, Jains, Passis, and Christians from Afghanistan, Bangladesh, and Pakistan, Any individual will be considered eligible for this act if he’sbe has sided in India during the last 12 months and for ars, For the specified class egal migrants, the number of years of residency’ has boen relaxed frou {1 CAA 2019 s Citizenship? Citizenship defines the relationship between th constitute the vation + Iteonfers-upon an individual cenain rights. such as prot 1 hold certain public offices, among ethers, in return f dutiesobligations owed by the individual wo the sue ©The Constiution of India propies for sin Article 11 of the iby law. Ave 1d the Citizenship wet of 1985 to prov etmination of lind Ciizewihip + Kintry 17, List 1 under tke Seventh Schedule speal:s shout Ciixenship, pturalirtnon, and liens, Thus, Patiament hus exclusive power wo legislate sitirens om 7, to be eligible Kb tndian citizenship, twas su peszan to be ben in Ld + Then, spusre by the pops moryements al a migrations fram Banglatesh, citizenship laws were frst amended te sitjonally require hu atleast one parent should he Indian + f2004 the law was funher amended wy prescribe that 1 be Irian; but the oh shoul tbe an To know an about refer to the linked pageWho is an iegal migrant in India? Undler the Act, an ill migrant a foreigner who: + Eblery the county. without vatid tiavel documents Hike a papper itd uments, but stays beyond ihe permis fie pet Hicgal migeanss may be put in jail or deported under the Hgeeigners Act, FA IN the asoport (Fntry Into India) Act, 1920. Read about Mig jon a tnd in the finked article, The scenario before the passing of the Act * Under the existing Jaws, an illegal migrant isnot ebigible to apply for acquiring citizenship hey are barred from becoming an indian citizen through registration ot naturalization * The Foreigners Act and the Passport Act debar such a person and provide for putting an iMlega mgr jo jail or deportation * A peeson can become an Indian citizen through registration on § (a) oF Cities ily resent in tnd hip act of 1985: & perso of Indian for seven years before in in whois apo Ati they should fave ved in tndia continuously for 12 mowils before subrniiids bn + Under the Citizenship Act, 1955, one of the requlreniemis for stizenhip by naturalization |x that the applicant must have resided in India during the fas 12 months, as wells for 19 of the previous 14 years. ‘What the Act intends to do? © ‘The Citizenship Amendment Act 2019 aime ta make changes i the Citizenship Act, the Passport Act un the Foreighers Acti 9 migrants belong v0 reigious minority communities from ‘ree neighbouring countries of Bangladesh. Pakistan, and Afghanistan, Features of CAA 2019 The Act chs Jo amend the Ci wip et, 1985 mike Hind, Sikh, Buddhist ln, Pa and Christian ifegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible foe Gitizenship of India. In oer words, the Act intends to make If easier f uring counties to become citizens of india persecuted people from *+ The lexisation applies to xhose who were “forced of compelled 19 seek shelter in tna det persecution on the wround of religion”. K aims to protect such people from proceedings of illegal migration + ‘The amendment relas the requirement of naturalization fom 4} years oS yearsasaspeciic condition for applica helongin to these si rsligions + ThE cut-off date for citizenship is December 3 coieted india on or bene that dae 0414, which means the applicant should have ©The Aet says that n ocqbring ctizewahiq Such pers Aoi, © AN Aes proceed shall be deemed tobe itzens of ida roe the dite fhe ey int them i Fespect nf er ileal migration or citizenishi will* Italia says people holding Overseas Cities of Joa (OCH) cards — a ie permitting ¥ foreign citizen of Lndian origin to live and work in India indefinitely ~ can hose their Status ifthey violate Jocal laws for major and minor offences and vivlatons Exception +The Act adits thatthe provisions on citizenship for illepal migrants wi not apply to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura i included in the Sisth Schedule of the ‘Constitution © ‘These tribal areas include Karbi Anghong (in Assam}, Garo Hills (it Meghalaya, Chakina District (in Mizoram), and Tripura Tribal Areas District, It will also not apply Wo the areas under the Inner Line Permit under the Bengal Eastern Frontier Regulation, 1873, Mis against Muslims The fundamental critics ofthe Act has teen tht it specifically tants Muslims. Thur. the feligius bass of citizenship at only violates the principe of secularism but als of Fiberalis equality and jostce + Wr fails wo low Shin alse, and Ahmadiyya Musi fo Pinkistaw and Hazara in Afghanistan who alo Face persia fo apply for chiershin Ake argemem bythe crits gains the CAA is that it wil nat extend to thse persecuted in Myannar and Sei Lan, from where Robina Miaskoms and Tamils a Saying inthe county as refugees: IM violates Article 14 * Critics argue that itis violative of Article 14 of the Constitutog, which guarantees the right ©) equality. ‘The CAA isin the teth of Article 14, which not only demands reasonable classification and a rational nnd just object to be achieved for any classification to be valid but additionally requires every stich classification to be non-arbitrary. ‘+ One ofthe srtisirm is that this Act is an instance of class legstation, as classification on the ground of religion is not permissible Wine North East ix objecting ta CAA? + _tnthe Northeastern states the prospect of citizenship for massive mubers of itll Bangladeshi ‘tligennts his trigkered deep anxieties. including fears of demographic change, los of livelihood ‘opportunities, and emsion ofthe indigenous culture. + The AeLappears to yiolate the Assam Accord, both in letter and! spirit. +The Assam Accord, signed between the then Rajiv Gandhi-ted ccatral government and the All Assam Stidents’ Union (ASU), had fixed Magch 24, 1971, 2 the cutofT date for foreign immigrants. Those ilegally entering Assim afer this date were to be deiccted and deported, imespective of thei religion. Amendment Act moved the cut date for sit tligions to December +1, that is not aeceptable wo the Assamese-spcaing peopic in Brahmapuara alley, who insist thar all legal immigrants shouldbe treated es lees There it luo an Economie problem, If tens WF timusars leave Bangladesh and start saying Fegally in Assam and Nomth Eatt the pressure will fst shiw inthe principal economic esiree—tand, *+ Also. sine these will be legitimate citizens there wil be more people ning the Guixe of job hopetils that can potentially lower opportunities Rr the indigenous ae the boca + Italso boils down to the political rights of the peopke of the state. Migration faa been a burning Fsswe in Assam. iaMere ya view thay mdr, wh il ewentally Become legaMAe SHNZETS will be deterrnining the politic fuigme of tne state Other issue surrounditig CAA + CAA does ot consider Jews and athelsts: They have been Feft oul of the AEL iding other © Thehasisofstubbing AVehanisian,Pakistn, and Bangladesh together and. Wereby ea (neighbouring) countries is “=A common history isnot ground as Afghanfstan was never apart 011 lwaya a separate county. such as Nepal, Bhutan and Manna, whi share «> The reason state in the “Statement of Objects and Reasons of the Met than these tes ity provide fora “sate religion hi the Aet I 10 proved tah Indi ancl was 1 land border with India, have Bees Mes we theocratic + Non-lluddhist missionary activity is limite, construction oF non: Batis religious buildings is prohibited aed the celebration of some fan-tiudihist religious festivals is curtailed. Yet, Bhutan has been excluded from thelist. ‘© Focts only on religious persecution: + On the classification of iivduats, the Act proves benefits 9 Suet of onty ‘one kind of persecution, ie. religions persecution neglecting other + Religious persecotion ia grave prot but political persion i equally texistent in parts ofthe world, Ifthe sntent ist protect vitims of persecution, he ogic to restrict itonly to religious persecution is suspect ofthe CAA will deny equal protection of laws to similarly iltegal migrants” but in foot grant citizenship (0 © Aspet cities, the pros placed ppersons who come (0 India ts the less deserving at the cost of the miore deserving. As per-itcs, the provision of CAA might Fed 1.2 suation wb rs ints India will wot be Aut has ave hiselt from harm jn Myanma by eras ato be considered For citizenship, while a Mil from Bangladesh Wh ihr he an economic migrant and bave oot face any diet persecution it his Tie, would be entitled to citizenship. ‘= Similarly, a Tamil from Jaffna eseaping the en Roh inva atrocities in SH Lanka will eontinse aaas cilegal migrant and never be ened to apply for eitzenship Py naturalization “There is alo a eduction nthe resin requirement for nenuraizaon = from 11 years “for the chose time frame hs not been Stites. to five, The reasons Itis not against Must «The Ahimediyas and Rohingyas:cam cnser sith valid travel doctmients) yay cise sie ia Hollows de rinse of nonsemNe(eNSY vith aeeeding tay Eo Conwcetion 19519, hey would ol be pus! Peck «stash Santini facing persecution adi dia seh shelter, his ease to Contin to reside in India dered on is merits and circumstances ‘ag refugee shall be eons With regard to Batol refuees, Balohist hes tog sraggled 19 be independent of Pakistan and including Batochis in ualiatj (FAHEY i seek Endinn citizenship through na ihe CAA enild be perceived as interference in Pakistan’s internal aflirs. eee . therefore, jot exclude Mustims from Pakistan, Bang! ni ‘The CAA, therefore: does no ex hip. They’ ean continue todo $0 in he me N2Y ‘Afghanistan to apply for Indian cy ean bees a A Sami for example, apie for etlznshinTtis important i Het re ie ee < Senin shall not be granted automatic citizenship, They Would i Hons specific in the Thind Schedule-10 the Citizenship ct, 1945, y 800d character requirement ay yell as physical residence in i eet . atk Salve, one of India's biggest waives in national und | the Citizenishin Amendment Act is nol anticNtestin Salve stated that the couittes speci Islan fernational law. hay stated th alin the CAA have their wv state fellgiow find slam rule. He added that Islamic majority nations identity their pepe as per wh follows Islam and who does not. Addressing. governance probes i nel ‘Countries is not the purpose of the CAA. Over the issue of Rohingyas, Salve stated that a law that addresses one evil does not need 40 hiddress all the evils in all countries. It is notable here that Myanmar, though w fuddbist sith ‘nation, does not have a state religion and Myanmar does not feature in the CAA ighbouring The Act of Article 14 Sovereign space + Te begin with, the justiciability of citizenship-or laws that regulate the entry of foreigners Is often Aneted a a sovereign space” where the cous are reluctant to intervene. + Thus in Trump Hawaii No, 17-965, $85 U,S, 2018), the LS Supreine Court upheld travel ban fiom several Muslin counties holding that regalaion of foreigners including ingress is “fundamental sovereign attribute exercised by the government's political departments fargely immune from judicial control.” * Indian cours have generally followed similar retsoning. In David John Hopkins vs. Union of india (1997), the Madras High Court held that the right of the Union to refuse citizenship is absolute and not fettered by equal protection under Article 14, Similarly in Lowis De Raed vs. Union of tndia (1991), the Supreme Court hicld that the right ofa foreigner in India is confined to Article 21 and he cannot seek citizenship as a matter of right, With respect to North East + Chizenship Amendment Act does not dilute the sanctity ofthe Assam Accord as far as the cut-off dite of March 24.1971, stipulated fi the detection’ deportation of illegal immigrants is concerned. izenship Arienidinent Act Is not Assam-centrc, It applies tothe whole cbuntry: Citizenship Amendment Act is definitely not against the National Register of Citizens (NIC), which is being updated to protect indigenous communities from illegal immigrants. ‘© Further, here isa cut-off date of December 31, 2014, and benefits under the Citizenship ‘Amendment Act will not be available for members of the religious minorities who migrate to India after the cut-off date, Historieal Connections ‘©The Act dots not give a carte blanche tn Hindus and Christians and Sikhs from other sountries to ‘come to fodia and get citizenship. Just these three countries. Why’? + Because each of these has been civilizational ties with India, The circumstances in which they ‘were partitioned from) India have created a situation where Hindus and other minority populations have been dwindling ever since the partition took place. + Regarding including other countries in the nel ghbourhood the arguinent could be that we can deal ‘with thein separately if the need arises as we did én the cays of persecuted Sri Lankan Tamils Conclusion ‘The parlianjent has unfractured powers 10 make laws for the count Citizenship. But the opposition and other political parties allege this Act by the Government Violates some of the basic features of the constitution like secularism and equality, It mayreact the doors o the Supreme Court where the Supreme Court will be the final interpreter, i . Fit is nor {Tit violates the constiitional feafures and oes ultra-wires It will be struck down, We will tie Fo have the law: Brut one’ inost iniportane thing Wolves ne 1 ecilibvitin bas to be aitaindd by New IDelhi/as this tries tao, Any ex arempt to host the mjurants should not red over wan Inclin being a Land of myriad customs sind s Mons, the binhptice of religions and the ACEptOF of fhiths and protectors Of persecuted in "e Principles of Seculnrisi going forwand, beiurige beat the Cost of oodwill {he Past should hays uphotd th india and Pakistan regarding Security and Paitin 1980 between the Prine ministers of India and Khan The ised for uch « pact was fey, Ey inet in both counties followin Partition, Which was Teeaten fe by masaive cornmenct ene a J * “| 4980, 04 persone esimatercacer rts id Mins migrated and e Eae PaL tat (POA -ay Bangladesty aa Somminal tension wit riots suet as the 1940 Pakistan Hots and ihe Noakhalrth Cader the Nehru-Liaguap pact © efaecs were allowed to ry tmlested wo dispose thelr propery 7% abducted womer fd leoted property were 1 be returned [4 ‘forced conversions were unrecognized, * Minority rights were contime ; ha ei 1 * "The Governments of india ts terri i Pakistan soln agree tha cach sha sriure, 10 Fife cats StuMltY of cizehshin respecte Freligion, 9 Feat eile, prapsty und jeryannt Honour, treedon Seu an fesdon of ocean an PT Worship, see ta a et ai he mibcrtie's HN seniic of sith morality,” the ty with mi ly 1a Cunt t0 Hold polical yr ote 9, Both Governments dectare hese rights Ki be he be} : Hea era exo ins ; Citizenship Act Frequently Asked Questions related to Citizenship Amendment Bill 2019 21 What is the new Citizenship Amendment Bill 20199 Parliament oF ils hid passed a new '& Persecuted jt Pakistan, fahanistan aod Bangladesh, The cn Indian citizenship to{S98 274.1 7h Soidh doin Impact of Colonial Rule on Indian Society Motel Manet sei Research Scho, SS. ‘Vikram Un ity asm (MP) 456010 Abstract Ti Mla colonial affects the mative cuore i differeit ways, and concentrated their own io ‘he management and supremacy. The establishment of British rule inthe late 16° conte officials, missionaries and scholars to obtain knowledge of the custimaty lenguages aod ores fociety und of maa belief and behavior of her people. In this paper the impact of colonials in highlight, mcournged Hitch 0 of Indian on Indian society Inteoduction ‘Coleniil rule the policy of mation in eeach to expand or hol its right over other peop iwith the ath of developing or exptoiing them in the petit ofthe coloniring country and he teriories generally rmodemies in term detined by the colonizers. expecially’ coonoenc, religion am’ health, Colinsal ule 2s the att of the ldhinn subcontinent which waa under the contol of Europe colonial powers. B Aissovery European power sas exerted both by conguest and wade. expecolly in spices The search (or the ical and: prospesty sf Idi Ted othe discovery of America’s hy Christopher Columbes 1492. Only a few yeas Laer nae the end of the 12" century ‘Gana became the frst Enropese to Fenordte tee trie frnks wilh India, Trading rivalnics among powsts w lndia The Pusch Republec, England France aid Deninafk; Nociay all exablshing trading post i Ind ry te Ia ‘century Grest Briain and Francs struggled for power panty throagh proxy Indiat rulers but also but direct iniltary involvement The defeat of the redoubled indizn ruler Tipu Sulzan in 1799 mourgialized the French Influsice This wns followed by quick increase of British power shrough the greater part of the Tadien subsontinent i the early 19" centuy. By the middle of the century the British bid already gained direct or indirect contol over al most all of British presidcncses and provinces, contolled the most popalous and valuable paris ofthe British Empire and thus bock Lown asthe Jewel isthe Bish cros Objective ‘Tosi the impact of colonial sule on Indian society Methiadotony The information for this paper teas heen. primaely collected fram secondary sources osermem pps. Websites Topact on tndian socket “Tih eo snent of i Pale fi she ake 18 serny cesourayed Beasts, sionaies and aches to-acquie koowledge of the adicnal language of lata, ofthe sacs of te Indsan soviet and of principles and Pehavior of her people. The British sule inzoduced the rilwsya, che pres, and the western system of ‘duction, clubs and asaciions all of which shook the prevalew socip-cconomic order. But the process of ‘sploitotion unleasbed by them destroyed the possbiltes of developement of musics and a wanders es0e0ie Sate i fia. The Brsh rule rather analytically desooyed the local industries of India forthe benefit of [dries in Brin a thie market inti, it gave birth ta a sini of mquiry inthe minds of mtllectaals who Gane i aitact with western education. Bor the social reformist zd the cemievalives 008 3 [sak ad ieee fook at their own society and culture at x rescton 1o west undertanding of tee sane. Indian society fnderges many chanes te th Bish came to Undine the 19 century, cera social practices like female infanicdes chald uring, siti, polygamy and rigid asic wjitem become more commas. These practices ‘were against hur pride and vabbes. Women were dacriminated again at all apes of life They did not icons to any developmen oppomitics to improve thet satin Edseation was hist of mea belonging to the ‘Upper caste. When he British came to Indi hey ough new ideas such a liberty, eal, feedom aad ban ‘NEhis fom the Resasaance, the peforadin vem and Ye varhass revlon tat ok place in Ease “These ideas appeated to some sections of our saciery’ and td te ever reform movements indifferent parts of the cout Al the font af these movements were vinionars Indéan wach av Raja Rare Man Rey, Sir Syed ‘Abu! Khan, Ani Asal Alia Rataba. Many hepa evens ete inroduced 9 imptove she staluy Of Wonca. For example the proctice of Sati was tensed in 1829 by Lond Benak and then govemor geacral. Walow Reinarriage was peritied by new law’ passed bn 1856: Shradhs Act was panied i 1929 preventing chi“Winton La I 7R\tope) ISSN 2335474 (Ont ist Fn, he “unidermining of caste snl sex distinctions were egrtain other adrwirable measures oF the i oo ie Indians © include all these ideas while framing their eonstiition. Thus many thir entonal end tong before Ania became indepencten, Thus, eatholiity was by the British authorities, flexible problem the fecent history of Tnlan yociety remains a suicient ie ete recs teal cage ik, aes he lat, Ase ss belineen, the tndions of modernization theory, Marni, andthe make eae reer oem estoy ae arab with straight aay bono enc wasrciens eats See ate ‘gssconal and lasing changes in lnctian society. The he Bs pole a Bight wl hen ransfored the tore ocala non aI rey pale Vay,What are examples of civil society? civic groups like the Rotarians and the Optimist Club that promote service to the community. At the same time, large non-governmental organizations like the Red Cross of the United Way full within the definition of | society, In the past decades, global civil society (GCS) has emerged that works beyond the state in the transnational peace, UNICEF, and World Vision are examples of GCS. A civil society contains sm n, Greet What does civil society mean? Civil Society denotes the sphere of action that lies between the state and society that is made up civic groups, civil society organizations, and non-governmental organizations, These all \Wwork to represent and promote certain special interests or raise public awareness of civie duties and political rights, Civil society provides ways for people to help society through volunteerism, What are the functions of civil society? The function of civil society is to actas a link between the state and its society. In any society, there are needs that the state is unable or unwilling to meet, 50 civil society steps in and provides necessary aid such as food distribution, medical services, legal advice, and disaster relief. Civil society also provides ways to mediate between different, sometimes contradictory, interests that arise in the public arena. Finally, it provides ordinary citizens to volunteer and help their communities What is the difference between NGO and CSO? The terms NGO (non-govemmental organization) and CSO (civil society organization) are Very offen used interchangeably when describing civil society activity. Technically, NGOs are a subset of the more general CSOs, NGOs are typically issue-driven non-profit organizations that provide services at the domestic or international level, like Amnesty International. CSOs, however, include organizations like local civie groups or churches that do not meet the legal definition of an NGO. What is a Civil Society Organization? Civil society is also a provess that enables groups to implement programs that impact the larger society, This is done through groups called Civil Society Organizations (CS ‘are voluntary, now-profit associations typically pursuing social goods, CSOs exist alongside, butare distinct from, the public sector actors, like the government, and the private sector, made up of businesses, corporations; and other for-profit ventures, The World Bank notes that civil society “refers to a wide array of organizations: community groups, non governitental organizations (NGOs), labor unions, Indigenous groups, charitable organizations, civie groups, faith-based organizations, professional associations, and foundations.” These may work ata very local level, like a parent teacher association, or wlobally like Human Rights Watch, ‘The principal type of civil society organizations are non-govermmental organizations (NGOs), though the World Bank quote above mentions others that would not come under the NGO umbrella like churches wid unions. In some countries, NGOs may receive special! legal anid revenue status. In the United States, such organizations are typically called "non-profits when working domestically and "NGOs" if it has an international scope.THE FUNDAMENTAL DUTIES OF CITIZENS OF INDIA The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976 under Article 51A part 4A, upon the recommendations of the Swaran Singh Committee. Initially while drafting the Constitution of India fundamental duties were not part of Constitution of india. The fundamental duties were inspired by constitution of USSR (now Russia) Originally ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. The other fundamental duties obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture and assist in its defence. They also obligate all Indians to promote The violation of fundamental duties is not punishable offense unless it is backed by Legislative enactments like Prevention of Insults to National Honour Act, 1971 Forest Act, Environment Act, Pollution Act and others. Supreme court has ruled that these fundamental duties can also: help the court to decide the constitutionality of a law Passed by the legislature. There is reference to such duties in international instruments Such a8 the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. ‘The fundamental duties noted in the constitution are as follows: 'tshall be the duty of every citizen of india — 8) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; ») To cherish and follow the noble ideals which inspired our national struggle for freedom; ¢) To uphold and protect the sovereignty, unity and integrity of india; d) To defend the country and render national service when called upon to do. 50; ¢) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or Sectional diversities; to renounce practices derogatory to the dignity of women; f) To value and preserve the rich heritage of our composite culture; 9) To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures; h) To develop the scientific temper, humanism and the spirit of inquiry and reform; i) To safeguard public property and to abjure violence; }) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; k) Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years. The duty was included in the list of fundamental duties by 86"” Amendment to the constitution of India in the year 2002,Citizenship (Amendment) Act, 2019 aduction Yiament passed the Citizenship (Amendment) Bill 2019 which received Recently, the P: hE President's assent to become an Act. ieonship Act, 195% The Citizenship (Amendment) Act, 2019 seeks to amend thy y he ralisation mus ways in which citizenship ion, 0 * The Citizenship Act.1985 provides va aequiredl. It provides for citizenship by birth, descent, regist aod by incorporation of the territory into iat. In addition, it regulates the registration of Ove (OCIs) sind their rights. An OCI is entitled 10 SHY, multipurpose lifelong visa to visit Indl s Citizen of India Cardholders me benefits such as a multiple- Indian citizenship, An itl ill Hy. ic, without valid irayel ly, but Stays beyond the time rant can be prosecuted in equirh * An illegal migeant is prohibited tro immigrant is a foreigner who either enters India documents, like 4 visa und passpon, or enters India period permitted in their travel documents. An illegal n India and deported or imprisoned: In September 2015 and July 2016, the government exempted certain groups of illegal migrants from being imprisoned oF deported, ‘These are illegal migrants who came into . India from Afghan: n, Bangladesh, or Pakistan on or before December 31, 2014, and belong to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian religious communities, Key Provisions of the Amendment Act Si The Bill amends the Act to provide that the Hindus, Sikhs, Buddhists. Jains, Parsis and Christians from Afghanistan. Banglaclesh and Pakistan, who entered India on or before December 3). 20/4, will not be treated as itezal migrants, © Inorder to get this benefit, they must have also been exempted from the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 by the central government. © The 1920 Act mandates foreigners to carry passport, while the! 946 Act regulates the entry and departure of foreigners in India, * Citizenship by registration or naturalisation: citizenship by registration or naturalisation if the person meets certain qual The Act allows a person to apply for ations, For instance, ifa person resides in India fora year and if one of his parents isa ration. former Indian citizen, he may apply for citizenship t 2 To obtain citizenship by naturalisation, one of the qualifications is that the person must have resided in India or have been in the service of the central government for at least 11 years before applying for citizenship. The Bill creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, with regard to this qualification, For these groups of persons, the 11 years’ requirement will be reduced to five years.persons will be deemed (0 be citizens of India India, and (ii) all legal proceedings against in respect of their illegal migration or citizenship will be closed. bility of the Amended Act = These provisions on citizenship for illegal mix areas of Assam, Meghalaya, Mizoram, and Tripura, in Schedule to the Constitution, These tribal arcas include Karbi Anglong Assam), Garg Hills (in Meghalaya), Chakma District (in Mizoram). and Tripura Tribal Areas District. © Further, it will not apply to the “Inner Line” areas notified under the Bengal Eastern Frontier Regulation, 1873, In these areas, visits by Indians are regulated throtigh the fnner ILine Permit, + Currently, this permit system is applicable to Arunachal Pradesh, Mizoram, and Nagaland. Manipur has also been brought under the Inner Line Permit (ILP) regime through a Gazette Notification on the sume day the bill was passed in the parliament. mment + Cancellation of registration of OCI: ct provides that the central gov may cancel the registration of OCs on certain grounds. These include: (i) ifthe OCI has tered through fraud. or ( ithin five: years of registration. the OCI has been sentenced to imprisonment for Ars oF more, oF (iii) iPit becomes necessary in the interest of sovereignty and security of India, © The Bill adds one more ground for cancelling the registration, that is ifthe OCT hhas Violated the provisions of the Act orof any other law as notified by the central government. The orders for cancellation of OCI should not be passed till the OCI cardholder is given an opportunity to be heard. Concerns against the Amendment Act + Issues in the North-East: 2 Itcontradicts the Assam Accord of 1985, which states that illegal migrants, irrespective of religion. heading in from Bangladesh after March 25, 1971, would be deported. © Critics further argue that the extensive exercise of updating the National Register of Citizens (NRC) will become Null and Void duc to this Amendment act. © There are an estimated 20 million illegal Bangladeshi migrants in Assam and they have inalienably aliered the demography of the state, besides putting a severe Strain on the state's resources and economy. > Critics argue that it is violative of Article 14 of the Constitution (which guarantees the right fo equality and applicable to both the citizens and foreigners) and the principle of secularism enshrined in the preamble of the constitution, + India has several other refugees that include Tamils from Sri Lanka-and Hindu Rohingya from Myanmar. They are not covered under the Act. + tt will be difficult for the government to differentiate between iffegal migrants and these persecuted. ‘The Bill throws the light on the religious oppression that tas happened and is happening. in these three countries and thus, may worsen our bilateral ties with them,* Ie provides wide discretion to the government to cancel OCL registrations for both major offences like murder, as well as minor aflences like parking iat No-parking Zone oF jumping a red tight, i - Government's Stand | + ‘The government fits clarified that Pakistan, Afghanistan and Bangladesh are Islamic republics where Muslims are in majority hence they cannot be treated minorities. © According to the government, this Bill aims at granting rather than taking away aa someone's citizenship, © Ithas assured that the government will examine the application from amy. other Community on a case to case basis. i come as a big boon to all those people who have been the (onde nes Cuvee me Sane ne nto theocratic Islamic Eu Golerivert is ited that the partition of India on religious lines: ‘ r & ot 3 | protecting the so econ naan