The Citizenship Amendment Act was passed by the parliament which seeks to amends Citizenship Act, 1955.
Features
The Act grants Indian Citizenship to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities on the ground of religious persecution in Pakistan, Afghanistan and Bangladesh.
These persecuted minorities must be able to prove their persecution while requesting for citizenship.
The cut-off date for migrants has been kept – 31/12/2014
It also says people holding Overseas Citizen of India (OCI) cards – an immigration status permitting a foreign citizen of Indian origin to live and work in India indefinitely – can lose their status if they violate local laws for major and minor offences and violations.
However, it has received a mixed response. The positives highlighting the need and impact of such Act include,
Decreasing Population of Minorities: Religious persecution of minorities in neighboring countries is a fact. Data like the decreasing population of minorities in these countries authenticate the argument of Central government. Examples of religious brutalities include non-recognition of Hindu marriage in the court of law in Pakistan till late 2017.
Historical Underpinnings: Before partition, Nehru-Liaquat pact talked about providing certain safeguards to minorities persecuted in neighboring countries.
Issues with the Act
Classification of Countries:There’s no rational given on what basis only these 3 (Afghanistan, Pakistan and Bangladesh) countries were chosen. There’s no word on Hindu-Tamils of Sri Lanka, Rohingyas of Myanmar or Ahmediyas of Pakistan in the Act, although the persecution of these communities are well documented.
Against the Spirit of the Constitution: Secularism is part of the basic structure of the constitution. It is alleged that the act of granting citizenship on the basis of religion violates the principle of secularism.
Classification of Minorities and setting Cut-off Date: The amendment simply mentions the 6 ‘minority communities’ and there is no mention of ‘persecuted minorities’ or ‘religious persecution.’ So, ideally it should not differentiate between religious persecution and political persecution. But it is presumed that persecution could only be on the basis of religion. Also no rational on setting the cut-off date has been given.
Impact on International Image: United Nations High Commissioner for Refugees (UNHCR) have condemned the act and so do the European Union Parliament which is on the verge of bringing resolutions against the act. It hampers the Indian brand of secularism and the pluralistic nature of its society.
Way Forward
Passage of the Act has led to country-wide protests mainly due to minorities linking the Act with the exercise of NRC. The state must ensure proper information dissemination and must reach out to the minorities and allay their fears.
The Act must be revisited and with wider consultation proper revision be carried out. Also India must pass a different act for refugees in line with the 1951 UN convention on Refugees with adequate safeguards.
