The provisions in the Bill, all set to be law after notification, pave the way for Hindu, Sikh, Jain Buddhist, Christian and Parsi refugees from Afghanistan, Bangladesh and Pakistan to get Indian citizenship.
What is in the Bill?
The Bill amends the Citizenship Act, 1955, and seeks to make foreign illegal migrants of certain religious communities from Afghanistan, Bangladesh, and Pakistan eligible for Indian citizenship, according to PRS Legislative Research.
Rules for citizenship in India?
Until now, citizenship is regulated by the Citizenship Act, 1955. The Act specifies that citizenship may be acquired in India through five criteria – by birth in India, by descent, through registration, by naturalisation (extended residence in India), and by incorporation of territory into India. The new law introduces religion as the sixth method to acquire citizenship in India.
What does the law change?
The Bill proposes that the specified class of illegal migrants from the three countries – Afghanistan, Bangladesh and Pakistan – will not be treated as illegal migrants, making them eligible for citizenship. These migrants will become Indian citizens from the date of their entry into India. All legal proceedings regarding their status as illegal migrants or their citizenship will be closed, the PRS Legislative Research said.
Also Read: CAA rules to be notified today, say home ministry sources
The refugee has to fulfil some qualifications. One of the qualifications is that the person must have resided in India or been in central government service for the last 12 months and at least 11 years of the preceding 14 years. For the specified class of illegal migrants, the number of years of residency has been relaxed to five years.
Exceptions
The proposed amendments on citizenship for illegal migrants will not apply to certain areas, according to the Bill. These include the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, as included in the Sixth Schedule of the Constitution. The exceptions also include the states regulated by the “Inner Line” permit under the Bengal Eastern Frontier Regulations 1873.
These Sixth Schedule tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District. Further, the Inner Line Permit regulates the visit of all persons, including Indian citizens, to Arunachal Pradesh, Mizoram, and Nagaland.
On Overseas Citizens of India
The Bill also made amendments to provisions related to Overseas Citizens of India (OCI) cardholders. A foreigner may register as an OCI under the 1955 Act if they are of Indian origin or the spouse of a person of Indian origin. This will entitle them to benefits such as the right to travel to India, and to work and study in the country.
The law has amended the Act to allow cancellation of OCI registration if the person has violated any law notified by the central government.
Not Against Minorities
While introducing the Bill in Rajya Sabha in December 2019, Union Home Minister Amit Shah said that the Bill will give a new ray of hope to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have migrated to India after facing persecution on the ground of religion in Pakistan, Afghanistan and Bangladesh.
The law has generated criticism for being against minorities. But Shah in his Rajya Sabha speech had said the Bill was not against any minority in India and the rights of each India Citizen would be equally protected. The home minister said that Prime Minister Narendra Modi-led government was committed to protect the rights of each citizen of the country.
“The only religion that the Modi government follows is the Constitution of India. We are not here only to run the government but to solve the genuine problems of the common man,” he said.
Why Three Countries?
Responding to the question on why only three countries were considered and why Muslims were not included in this bill, Shah said that at different points of time in the past, citizenship had been given to refugees coming from countries like Uganda and Sri Lanka. Then, refugees coming from Pakistan, Bangladesh and Afghanistan were not considered.
“The process of awarding citizenship to refugees has been undertaken by different governments in the past on a case-to-case basis from time to time, on reasonable qualifications to Article 14. This time the case of refugees fleeing religious persecution from these three countries has been considered through this Bill, which is not unconstitutional,” Shah said adding that than 560 Muslims from these three countries have been granted citizenship in the last 5 years until 2019.
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Published: 11 Mar 2024, 06:08 PM IST