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The Citizenship Amendment Act (CAA) looks to amend the status of illegal immigrants in India. This is specifically beneficial to Hindu, Sikh, Buddhist, Jain, Parsi and Christian immigrants from Bangladesh, Afghanistan and Pakistan, who have been living in the country without any valid documents. All such immigrants who have faced religious persecution in their originating countries and subsequently moved to India till December 2014 will be provided Indian citizenship.
Earlier, immigrants who belonged to these three countries and six religions were mandated to stay in India for at least 11 years before being approved for Indian citizenship. Now, the law has been amended so that the duration of residency is only 5 years.
Is the Citizenship Amendment Act applicable to all states?
CAA is not applicable to regions that fall under the sixth schedule of the Constitution, i.e., tribal areas of Tripura, Assam, Meghalaya and Mizoram. States like Arunachal Pradesh, Mizoram and Nagaland that have Inner Line Permit regime are also excluded from this Act.
Why has the CAA been criticised by opposition parties?
The leading opposition parties in India have highlighted that the law is discriminatory as Muslim immigrants are not included in the list of communities that can benefit from the Act.
The opposition indicated that Muslims constitute close to 15% of the Indian population, and this Act leaves out immigrants from that community. Hence, it was criticised as being unsecular.
The Indian government clarified that Muslims were not persecuted minorities in the Islamic countries of Pakistan, Afghanistan and Bangladesh. The government said that the Act looks to provide relief specifically to persecuted minorities; hence, Muslims were not included in the list of beneficiaries.
Post partition, people belonging to various faiths have been residents of these three countries and have been at the receiving end of religious hostility. Their right to practise and preach the religion of their choice has been curbed for years. Such oppressed communities have sought refuge in India since a very long time. The government is looking to provide them relief through the CAA.
The government may also examine applications from other communities and assess the validity of these requests on a case to case basis.
What kind of criticism did the Act receive from the citizens of India?
Various political parties have opposed the Act and pointed out that this proposal provides citizenship on the basis of religion. Indian citizens (particularly students) have also resorted to protests across the country. The protests in Meghalaya, Assam, Mizoram, Sikkim, Nagaland, Tripura and Manipur have grabbed media attention.
The protestors in these North-Eastern states are of the opinion that these illegal immigrants will be a burden to the resources of these states and also threaten employment opportunities for the current citizens. They have also pointed out that the Act does not conform to the Assam Accord of 1985 that indicates 24th March 1971 to be the cut-off date for the deportation of all immigrants who have illegally entered India.
The home ministry has not yet notified the rules that will make this Act operational. There are several petitions against the Act that will be heard in the Supreme Court in January 2020.
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The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act of 1955 by providing a path to Indian citizenship for illegal migrants of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities, who had fled persecution from Pakistan, Bangladesh and Afghanistan before December 2014. Muslims from those countries were not given such eligibility.The act was the first time religion had been overtly used as a criterion for citizenship under Indian law.
The Hindu nationalist Bharatiya Janata Party (BJP), which leads the Indian government, had promised in previous election manifestos to offer Indian citizenship to members of persecuted religious minorities who had migrated from neighbouring countries. Under the 2019 amendment, migrants who had entered India by 31 December 2014, and had suffered "religious persecution or fear of religious persecution" in their country of origin were made eligible for citizenship. The amendment also relaxed the residence requirement for naturalisation of these migrants from twelve years to six. According to Intelligence Bureau records, there will be just over 30,000 immediate beneficiaries of the bill.
The amendment has been widely criticised as discriminating on the basis of religion, particularly for excluding Muslims.The Office of the United Nations High Commissioner for Human Rights (OHCHR) called it "fundamentally discriminatory", adding that while India's "goal of protecting persecuted groups is welcome", this should be accomplished through a non-discriminatory "robust national asylum system".Critics express concerns that the bill would be used, along with the National Register of Citizens (NRC), to render many Muslim citizens stateless, as they may be unable to meet stringent birth or identity proof requirements. Commentators also question the exclusion of persecuted religious minorities from other regions such as Tibet, Sri Lanka and Myanmar. The Indian government says that Pakistan, Afghanistan and Bangladesh have Islam as their state religion and therefore Muslims are "unlikely to face religious persecution" there.However, certain Muslim groups, such as Hazaras and Ahmadis, have historically faced persecution in these countries.
The passage of the legislation caused large-scale protests in India.Assam and other northeastern states have seen violent demonstrations against the bill over fears that granting Indian citizenship to refugees and immigrants will cause a loss of their "political rights, culture and land rights" and motivate further migration from Bangladesh. In other parts of India, protesters said the bill discriminated against Muslims and demanded that Indian citizenship to be granted to Muslim refugees and immigrants. Major protests against the Act were held at universities in India. Students at Aligarh Muslim University and Jamia Millia Islamia alleged brutal suppression by the police.The protests have led to the deaths of several protesters, injuries to protesters and police personnel, damage to public and private property, the detention of hundreds of people, and suspensions of local internet mobile phone connectivity in certain areas.Some states have announced they will not implement the Act. The Union Home Ministry has said that states lack the legal power to stop the implementation of the CAA.