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Saturday, January 11, 2020

All About Citizenship Amendment Act

Dear Blogger, In past few days, there is lot of resistance on street against the Citizenship Amendment Act recently passed by parliament of  India with thumping majority. Why it is so when parliament enacted it with majority. What went wrong? What are the salient features of this amendment Act? Is the protest against it is based on wrong interpretation of it? Violent protests on the Citizenship Amendment Act  are unfortunate and deeply distressing. Debate,discussion and dissent are essential parts of democracy but, never has damage to public property and disturbance of normal life been part of our ethos.Let me discuss in detail.
        In Greek, it is told that there are three types of people in any country irrespective of its location on the world map. One is 'IDIOTS'.Such category of people are very selfish,self centered and busy in their own lives. They don't have time for society, common issues it faces,etc. In fact they are good for nothing. Second is 'TRIBAL'. Such category of people are concerned about their group of people, their cast and creed. They are better than 'IDIOTS' in the sense that they are at least bothered about their kith and kin,relatives,group of people belonging to their sect,tribe etc. Third is 'CITIZEN'. Such category of people are well informed,concerned about the well fare of whole society.They discuss.debate and reach to a conclusion based on facts. They take time to fight injustice with peaceful means. They are the essence of any successful country.
     Therefore, as per Greek traditions, Citizen means a person who is well informed and who is concerned about the issues which impact Nation as a whole. Now we need to analyze the present violent protest against Citizenship Amendment Act [CAA] in India with the above mentioned criteria in mind. We will find that the opposition seems mindless and without any basis. It appears that whole situation is deliberately created by few who has vested interested in the protest. I am surprised when I see the students coming in streets with wrong logic. It appears that Students have even not gone through the wordings of this Act or the provisions of Citizenship Act.1955 before coming out for protest. It seems more of sentiment and fear about future course of action probably planned by government of the day rather than facts of CAA.
    For any country, Citizens are the main factor. India has enacted Citizenship Act 1955 with Citizenship rules amended from time to time to cater the need of the hour. The latest Citizenship rules were framed in 2009. As per the act, there are five ways to get Indian Citizenship as follows:-

  1. Citizenship by Birth
  2. Citizenship by descent
  3. Citizenship by registration
  4. Citizenship by Naturalisation
  5. Citizenship by incorporation

     The Citizenship Act,1955 provides for acquisition, determination,and termination of Indian citizenship. As discussed above Citizenship of India can be acquired by Birth (Section 3), by descent (section 4),by registration (section 5),or by naturalisation (section 6) or by incorporation of territory (section 7). Any foreigner on becoming eligible can acquire citizenship by registration or by naturalization irrespective of his country or his community.
     Now, the parliament of India has enacted an amendment to this Act by The Citizenship (Amendment) Act,2019 popularly known as CAA. It has been made effective from 10th January 2020. It enables migrants/foreigners of six minority communities from three specified countries who have come to India because of persecution on grounds of their religion to apply for Indian citizenship. It does not amend any existing legal provision which enables any foreigner of any class,creed,religion,category,etc to apply for Indian citizenship through registration or naturalization modes.Such a foreigner has to become eligible to apply for Citizenship after fulfilling the minimum legal requirements.
  The Citizenship (Amendment) Bill has been in the public domain since 2016. It was cleared by a 30-member Parliamentary Committee consisting of Lok Sabha and Rajya Sabha members. The present act is broadly based on the same Bill.
    As it is clear from above discussion, The CAA does not apply to Indian citizens. They are completely unaffected by it. It only seeks to grant Indian citizenship to particular foreigners who have suffered persecution on ground of their religion in three neighbouring countries.
    In the year 2015-16, Government of India has already amended rules to provide long term visa(LTV) and legalized the entry of such foreign migrants belonging to six minority communities from these three countries who had come in to India up to December 2014 because of persecution on grounds of religion. Now through this CAA, they are being given Citizenship of India.
     On different occasions, special provisions have been made by Government of India in the past too. 4.61 Lakh Tamils of Indian origin were given Citizenship in 1964-2008 after signing of International agreements in 1964 and 1974. Similarly, during 1962-78, more than 2 Lakh Burmese of Indian origin fled from Burma were given Citizenship. In 2004, Central government delegated the power to grant citizenship by registration to six collectors of Gujrat and Rajasthan in respect of Hindu migrants displaced due to 1965 and 1971.
     During the last six years, around 2830 Pakistani Citizens,912 Afghani Citizens and 172 Bangladeshi Citizens have been given Indian Citizenship. Between 2016 to 2018, 391 Afghani and 1595 Pakistani migrants and in 2019, 40 Afghani and 172 Pakistani migrants have been granted citizenship. About 14864 Bangladeshi nationals were also granted Indian Citizenship after incorporating more than fifty enclaves of Bangladesh into Indian territory post the boundary agreement between India and Bangladesh in 2014.
    All the above are factual details readily available on numerous websites including government documents. I did not find any provision which is against any Indian Citizen.
    In the light of above, where is the scope of violent protest? It appears that vested interest political parties are trying to infuse sentiments on wrong grounds and provoking people to come on street and protest. If any of these protesters take the pain to go through the provisions of these CAA, they would not have come to protest. That is the serious issue because ill informed population is not Citizen actually as per Greek traditions as discussed above.
   Some people say that Why the Baluchis,Ahmediyas in Pakistan, Rohingayas in Myanmar not included in CAA.  The fact is, CAA has not stopped any foreigners of any country from applying for Indian Citizenship undet the Citizenship Act,1955 on fulfillment of the qualifications provided in the relevant sections of The Citizenship Act,1955.
     There have been some concern form North-Eastern states regarding CAA. These concerns have been taken care of as CAA would not apply to tribal area of Assam,Meghalaya,Mizoram or Tripura as included in the 6th schedule to the Constitution and the area covered under 'The Inner Line ' notified under the Bengal Eastern Frontier Regulation, 1873. Manipur has also been added under the Inner Line Permit (ILP) regime.
   In my view, this issue should be seen as a humanitarian one,beyond political ideologies. There should be constructive politics on this issue. People should be informed properly....Keep on blogging..Jai Hind