The Citizenship Amendment Act was passed by the parliament which seeks to amends Citizenship Act, 1955.
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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 as 31/12/2014
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:
Persecution 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 rationale as to the basis on which Afghanistan, Pakistan and Bangladesh countries have been chosen. It doesnot take into account the issues of Hindu-Tamils of Sri Lanka, Rohingyas of Myanmar or Ahmediyas of Pakistan, even though 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: 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.
Impact on International Image: United Nations High Commissioner for Refugees (UNHCR) has condemned the Law. It hampers the Indian brand of secularism and the pluralistic nature of its society.
Violates Article 14 of Indian Constitution: The new citizenship law violates the fundamental right under Article 14 of the Indian constitution that guarantees equal protection of laws, even to the aliens, in the territory of India.
