What is with the Citizenship Amendment Act, 2019?

For those who are tweeting, sharing facebook and whatsapp forwards, this is a small and cryptic guide about the Citizenship (Amendment) Act, 2019 and the issues surrounding it. I have tried to pen this short post without jargons. Also, my thoughts stem from my understanding of the issue and the Act. I would be grateful if readers can throw further light on the legal and political issues surrounding it.
  • The President of India granted assent to the said Act on 12.12.2019 and so it is a law but I am not sure if the law has been brought into force by a notification.
  • The Statement of Objects and Reasons to the Bill recognises the historical fact that trans-border migration of population has been happening continuously between the territories of India and the areas presently comprised in Pakistan, Afghanistan and Bangladesh. Millions of citizens of undivided India belonging to various faiths were staying in the said areas of Pakistan and Bangladesh when India was partitioned in 1947.
  • It further provides that the constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries. Some of them also have fears about such persecution in their day-to-day life where right to practice, profess and propagate their religion has been obstructed and restricted. Many such persons have fled to India to seek shelter and continued to stay in India even if their travel documents have expired or they have incomplete or no documents.
  • The said Statement of objects and Reasons further state that Under the existing provisions of the Act, migrants from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Pakistan or Bangladesh who entered into India without valid travel documents or if the validity of their documents has expired are regarded as illegal migrants and ineligible to apply for Indian citizenship under section 5 or section 6 of the Act. Supporters and protestors may kindly read the text of the Act and then support/ protest the Act. It is easy to support or oppose something, or be moved by sentiments and our beliefs. Whatever we see through our eyes are lies, whatever we hear through our ears are also lies, what is truth is what is deeply delved into. Let us prove Justice (Retd.) M. Katju wrong (he said 90% of the Indians are idiots) by deeply delving into issues.
  • It appears that the Central Government exempted the said migrants from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946 and rules or orders made thereunder vide notifications, dated 07.09.2015 and dated 18.07.2016. Subsequently, the Central Government also made them eligible for long term visa to stay in India, vide, orders dated 08.01.2016 and 14.09.2016. Now, it is proposed to make the said migrants eligible for Indian Citizenship.
  • The Act doesn't affect the normal citizenship route as provided under the citizenship Act. A muslim, for instance, from Bangladesh, Pakistan or Afghanistan can very well become a citizen of this country through the normal route. Just like how Adnan Sami became one.
  • As stated above, the Act is intended to benefits the minorities of these three neighbouring countries who have been subjected to persecution.
  • In these three states, muslims form the majority of the population. Hence, the absence of muslims in the Act. As stated above, for the muslims of these three countries, the "Adnan Sami Route" for citizenship is always available and is not excluded.
  • Having said that, exclusion of minorities other than those covered in the Act, such as ahmadiyas and others, was perhaps not right. The Act could have stated "or other persecuted communities".
  • Another issue with the Act is that it does not cover at the other similar issues such as those of Tamils in Sri Lanka. The Act should have.
  • The protests in the North East are about an entirely different issue regarding the Act. It relates to the possibility that the communities in the North East would be put at a disadvantage owing to legalizing the illegal migrants, especially those currently living there.
The Act can be downloaded from this link.  

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