Source:- PRS Blog, The Hindu

UPSC Topics:- Prelims – Citizenship Bill.

Mains GS 1:- Population and Associated Issues

Context:- Government introduces Citizenship (Amendment) Bill 2019 in Lok Sabha on 9th December, 2019.

Mr. Amit Shah, Home Minister, said the proposed legislation is being brought on the basis of reasonable classifications provided under the Constitution and it does not violate any of its provisions.

The Bill, he said, seeks to give Indian nationality to non-Muslim refugees from Pakistan, Bangladesh and Afghanistan who are facing religious persecution there.

Citizens and Illegal immigrants:-

The Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. A person may become an Indian citizen if they are born in India or have Indian parentage or have resided in the country for a period of time, etc.

An illegal migrant is a foreigner who: (i) enters the country without valid travel documents , like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period.

is a foreigner who: Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 The 1946 and the 1920 Acts empower the central government to regulate the entry, exit and residence of foreigners within India



Key Provisions of the Bill:-

The 2019 Bill seeks to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan , eligible for citizenship.

from , eligible for citizenship. Consequences of acquiring citizenship: The Bill says that on acquiring citizenship: (i) such persons shall be deemed to be citizens of India from the date of their entry into India , and (ii) all legal proceedings against them in respect of their illegal migration or citizenship will be closed

Exception : Further, the Bill adds that the provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura, as included in the Sixth Schedule to the Constitution. These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and 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, and Nagaland.

Citizenship by naturalisation : The Bill created an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, with regard to this qualification, i.e. acquiring Citizenship by naturalisation method. For these groups of persons, the 11 years’ requirement will be reduced to five years.

Grounds for cancelling OCI registration : The Bill added one more ground, besides five grounds mentioned in 1955 Citizenship Act, for cancelling registration, that is, if the OCI has violated any law that is in force in the country. A foreigner may register as an OCI under the 1955 Act if they are of Indian origin (e.g., former citizen of India or their descendants) or the spouse of a person of Indian origin.



Issues with this Amendment Bill

Whether differentiating on grounds of religion is a violation of Article 14

The question is whether this provision violates the right to equality under Article 14 of the Constitution as it provides differential treatment to illegal migrants on the basis of (a) their country of origin, (b) religion, (c) date of entry into India, and (d) place of residence in India.

First, the Bill classifies migrants based on their country of origin to include only Afghanistan, Pakistan and Bangladesh. What is the justification by the government:- The Statement of Objects and Reasons in the Bill (SoR) states that these countries have a state religion , which has resulted in religious persecution of minority groups.

Counter Arguments:- While the SoR reasons that millions of citizens of undivided India were living in Pakistan and Bangladesh, no reason has been provided to explain the inclusion of Afghanistan Further, it is not clear why migrants from these countries are differentiated from migrants from other neighbouring countries such as Sri Lanka (Buddhist state religion) and Myanmar (primacy to Buddhism). Sri Lanka has had a history of persecution of a linguistic minority in the country, the Tamil Eelams . Similarly, Rohingya Muslims in case of Myanmar.

Classification based on religious persecution of certain minorities Argument against:- It may be argued that there are other religious minorities in these countries, who face religious persecution and may have illegally migrated to India

It may be argued that there are in these countries, who face religious persecution and may have illegally migrated to India For example, over the years, there have been reports of persecution of Ahmadiyya Muslims in Pakistan (who are considered non-Muslims in that country)

(who are considered non-Muslims in that country) It is unclear why illegal migrants from only six specified religious minorities have been included in the Bill Why there is a differential treatment of migrants based on their date of entry into India, i.e., whether they entered India before or after December 31, 2014 Fourth, the Bill also excludes illegal migrants residing in areas covered by the Sixth Schedule

B. Wide discretion to government to cancel OCI registration