The Citizenship Amendment Act, 2019 received President’s assent on 12 December, 2019. It aims to make changes in the Citizenship Act, 1955, Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920, if the illegal migrants belong to religious minority groups of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian from neighboring countries of Pakistan, Afghanistan and Bangladesh. Therefore the Act makes it easier for non-Muslim immigrants from neighboring Muslim countries to get Indian citizenship. Rationale is to protect those who flee the three countries due to religious persecution.
Background
Illegal migrant in India is a person who enters India without valid travel documents like passport and visa or enters with valid documents, but stays beyond the permitted time period. Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920, apply to illegal migrants by application of which they can be put into jail or can be deported.
The rationale for the CAA has its roots in two sources — Partition and the religious persecution of non-Muslims in Islamic countries. The argument is that such non-Muslims have no other place that they may claim as home as a matter of right and India would be remiss in not remedying this injustice.
Salient Features of the Act
It grants Indian Citizenship to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who arrived on or before 31 December, 2014 in to India after facing persecution on grounds of religion in Pakistan, Afghanistan and Bangladesh, if they fulfil conditions for grant of citizenship.
Impact
It is a special law to enable friendly foreigners facing religious persecution in three neighboring countries to get Indian citizenship. It reinforces the principle of Indian society value of Vasudhaiva Kutumbakam (the world is one family).
Challenges
Open Pandora’s Box: India is a land of cultural diversity thus any positive discrimination towards any community raises demand of others and there is no dearth of sectarian persecution in South Asia. Example: Rohingya, Ahmadiyas and Uyghur.
Way Forward
National unity and integrity are supreme values and any act intended to unify society should be welcomed.
National Population Register (NPR)
National Register of Citizens (NRC)
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