THE CITIZENSHIP (AMENDMENT) BILL 2016

THE CITIZENSHIP (AMENDMENT) BILL, 2016

Terminologies used in this article

1.   Illegal Immigrant: A person who enters the Country without a valid document or who uses false, fake documents for immigration purpose. A person who stays in the country after the expiry of the visa permit

2.   Refugee: A person who has been forced to leave his place/ country due to situations like war, ethnic clashes, political reasons, natural disaster etc.

3.   Migrant: A person moves from one place/country to another voluntarily for the purpose of better economic prosperity.

4.   Overseas Citizenship India (OCI) Card Holder: It is an immigration status permitting a Foreign Citizen of India Origin to live and work in the Republic of India indefinitely. The OCI was introduced in response to demands for dual citizenship by the Indian diaspora, particularly in developed countries.

INTRODUCTION

The idea gathered momentum when the BJP promised to grant citizenship to Hindus persecuted in Neighboring Countries in its 2014 election campaign. The party promised to welcome Hindu refugees and give them shelter in India.

CONTEXT

According to the Citizenship Act 1955, illegal migrants are prohibited from acquiring India citizenship.

Illegal Migrants may be imprisoned or deported under the Foreigners Act 1946 and the Passport (Entry into India) Act 1920.

In 2015 and 2016 the Central Government issued Two notifications exempting certain groups under the purview of 1946 and 1920 Acts. These groups belong to Hindus, Sikhs, Buddhists, Parsis, Jains, and Christians from Afghanistan, Pakistan and Bangladesh who entered India on or before 31-12-2014, implying that these groups will not be imprisoned or deported for being in India without valid documents.

What is all about The Citizenship (Amendment) Bill 2016?

The Citizenship (Amendment) Bill 2016 grants residence and citizenship to illegal migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, Christian religion communities from neighboring countries like Afghanistan, Bangladesh and Pakistan. According to the Bill, those migrants who arrived in India on or before 31^st December 2014 are not to be deported or imprisoned.

This Bill also makes the required changes like minimum number of years of residence in India from 11 years to 6 years for applying for registration so that these people can be made eligible for Indian Citizenship

The amendment to this Bill also permits cancellation of registration of Overseas Citizen of India cardholders if the person has violated any Law.  

The Above Bill was introduced in Lok Sabha on 19^th July 2016 and referred to Joint Parliamentary Committee on 12^th August 2016 and passed in Lok Sabha on 8^th January 2019.

Arguments in Favor of the Bill

There are thousands of Hindus, Sikhs, Jains, Parsis, Buddhists, and Christians who have entered India after facing religious harassment in Afghanistan, Pakistan and Bangladesh. These refugees are facing difficulty in getting long time Visas or citizenship.

The existing citizenship laws won’t permit anyone granting Indian Nationality if he or she cannot show any documentary proof of birth and hence they must stay at least for 12 years in India. This amendment will ease them of this difficulty of providing proof of birth of the country.

Those Hindus who are being harassed in neighboring countries due to religion can not go to any other country except India as India is the only largest Hindu inhabited country in the world. It is natural for harassed Hindus to seek shelter in India.

Arguments against the Bill

This Amendment Bill applies to only six religious communities and Muslims are being excluded. The Amendment violates the Article 14 of the Constitution which guarantees equality to all citizens. Differentiating the people along religious lines is against Constitution and the Bill is communally motivated.

India already largely populated does not have the resources to accommodate anyone and everyone who crosses the border.

The Bill contradicts the Assam Accord of 1985 which states that illegal migrants entered from Bangladesh after March 25, 1971 would be deported and this Amendment Bill doesn’t consider Bangladeshi Hindus as illegal immigrants.

This Amendment Bill will stamp these three countries as places of religious oppression which may worsen the bilateral ties between the countries.

                  

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