Citizenship Amendment Act, 2019 Full Analysis

• Citizen Amendment Act 2019 (CAA) passed by the Indian parliament has resulted in nationwide protests as many felt the new provisions added by central govt are discriminatory in nature.

Citizenship Amendment Act, 2019

• Illegal Migrants:

The following groups of persons will not be treated as illegal migrants.

• Hindu
• Sikh
• Buddhist
• Jain
• Parsi
• Christian
• From Afghanistan, Bangladesh, Pakistan have entered India on or before 31 Dec 2014.
• No mention of Muslims.
• Who have been exempted from provisions of the passport Act, 1920 and foreigners Act 1946 by central govt.
• The 1920 Act mandates foreigners to carry a passport, while the 1946 Act regulated the entry and departure of foreigners in India.
• Relaxation in Naturalisation Clause:
• The Act creates an exception for these 6 communities from these 3 countries and reduces the 11-year requirement to 6 years.
• Cancellation of registration of OCIs:
• The citizenship Act, 1955 provides that the central govt may cancel the registration of OCIs certain grounds.
• They include-
• If the OCI has registered through fraud
• Within 5 years of registration has been sentenced to imprisonment for two years or more.
• It becomes necessary in the interest of sovereignty and security of India etc.
• The Act adds one more ground for canceling the registration, that is if the OCI has violated any law that is in the force in the century.

Why are People opposing CAA?

• Those Who oppose the CAA feel that the new provisions are against the secular foundations of the Indian constitution.
• There are also briefs in some sections that the citizenship amendment Act, 2019 followed by the National Register of Citizens (NRC) is to alter the voter's profile and majority sentiments in favor of the ruling party.
• A native of North-east India, who is most affected by the problems of illegal migration is against the whole idea of giving citizenship to illegal migrants, irrespective of their religion. 

Exceptions

• After protest from North-east, the Bill adds that the provisions of Citizenship for illegal migrants will not apply to the tribal areas of 6th schedule of the constitution
• Assam - Karbi Anglong
• Meghalaya - Garo hills
• Mizoram - Chakma district
• Tripura - Tripura tribal areas district
• It will also not apply to the areas under the "Inner Line" under the Bengal eastern frontier regulation, 1873.
• The Inner Line Permit regulates visit of Indians to 
• Arunachal Pradesh
• Mizoram
• Nagaland

Sixth Schedule of the Indian Constitution

• Allows for the formation of autonomous district councils to administration areas that have been given autonomy within their respective states.
• Assam, Meghalaya, Mizoram, Tripura.
• Article 244(A)
• 22nd Amendment

Arunachal Pradesh

Entire state under ILP regime

Nagaland

Entire state under the ILP regime, except Dimapur town for the time being.

Tripura

The sixth schedule covers 70% of the geographical area

Meghalaya

Almost entire state covered under the sixth schedule, except a part of Shillong.

Assam

Three autonomous district councils under the sixth schedule.

Manipur

CAA will apply pending alternative arrangements

Mizoram

Entire state under ILP, additionally, three autonomous district councils also under the sixth schedule.

Government's Clarification on CAA

Does The CAA affect any Indian citizen?

• No, It has absolutely nothing to do with any Indian Citizen in any way. The Indian citizens enjoy fundamental rights conferred on them by the constitution of India.
• There has been a misinformation campaign.
• The CAA does not affect any Indian citizens, including Muslim citizens.

Who does the CAA apply to?

• It is relevant only for Hindu, Sikh, Jain, Buddhist, Parsi and Christian foreigners who have migrated from Pakistan, Bangladesh, and Afghanistan into India up to 31 Dec 2014, on account of persecution faced by them due to their religion.
• It does not apply to any other foreigners including Muslims migrating to India from any country, including these three countries.

How does It benefit Hindu, Sikh, Jain, Parsi, Buddhist, and Christian foreigners hailing from there three countries?

• If their travel documents like passport and visa are not in order or not available they can apply for Indian citizenship if they were persecuted back home.
• The CAA creates this legal right for such migrants.
• Secondly, they get a faster route for Indian citizenship through the naturalization mode.
• The minimum residency requirement in India would be only 1+5 years instead of 1+11 years as applicable for all other categories of foreigners.

CAA will violate provisions of article 371?

• No, the provision of article 371 would be violated by this Bill. The linguistic, cultural and social identity of people of the northeast would be preserved.

Provisions of the citizenship Amendment Act will apply to the tribal areas of the northeast.

• Provisions of the amendments to the citizenship Act would not be applicable to the tribal areas of Assam, Meghalaya, Mizoram, Tripura.

CAA will provide citizenship to Bengali Hindus.

• CAB does not automatically confer Indian citizenship to Bengali Hindus.
• It is just enabling legislation for persons belonging to six minority communities. of Afghanistan, Pakistan, and Bangladesh.
• India has been proposed on extremely humanitarian grounds as these minorities had fled from these three countries due to persecution on the ground of their religion.
India.