Monday, 7 February 2022

Citizenship Amendment Act, 2019

Citizenship Amendment Act, (2019) 

 

India is a secular, independent, and peaceful nation. It's possible that it's the only country on the planet that can justify the slogan "Unity in Diversity." Perhaps this is why so many people aspire to be Indian citizens.

 

Aim of the Bill:

The Lok Sabha passed the Citizenship Amendment Act (CAA) 2019 on December 9, 2019. The goal of this bill is to award Indian citizenship to illegal migrants from Bangladesh, Pakistan, and Afghanistan who belong to the Hindu, Sikh, Buddhist, Christian, Parsi, and Jain communities.

Hindus, Buddhists, Sikhs, Christians, Jains, and Parsis are among the six communities.

The Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920 both allow for the imprisonment or deportation of illegal migrants. These two Acts give the central government the authority to monitor foreigners' entry, exit, and stay in India. It has also shortened the time it takes for these populations to get citizenship through naturalization from eleven to five years. The change has sparked outrage across India, with the majority of the opposition coming from the North-eastern states. The fundamental issue is that the amendment violates Article 14 of the Constitution, which guarantees the right to equality, because it is religiously discriminatory.

 

Deadline: CAA (2019)

The citizenship deadline is December 31, 2014, which means that the candidate must have entered India on or before that date. The intruders are thought to be people who were "forced or persuaded to seek refuge in India due to persecution on the basis of their faith" in their home country.

Citizenship Amendment Act of 1955

The Citizenship Amendment Bill of 1955 lays out five requirements for attaining Indian citizenship, including:

1. Birthright Citizenship

2. Citizenship by Descent is number 

3. Registration as a citizen

4. Naturalization as a method of obtaining citizenship

5. Citizenship through territorial incorporation

The Citizenship Amendment Bill of 1955 made it essential for a person to stay in India for at least 11 years in order to naturally gain citizenship, which was then decreased to 6 years, however this duration was cut to 5 years in the Citizenship (Amendment) Act of 2019. If a person is of Indian origin (e.g., a former citizen of India or their descendants) or the spouse of a person of Indian origin, an OCI card may be issued under the Citizenship Act of 1955. OCI cardholders can now travel, work, and study in India under the terms of the Act of 2019.

Citizenship of OCI cardholders can be revoked for five reasons, according to the Citizenship (Amendment) Bill, 2016.

1)  Expressing dissatisfaction with India's Constitution

2)  Fraudulent registration

3) During a conflict, engaging the enemy.

4)  Endangering India's sovereignty

5) Sentenced to two years or more in prison within five years of registering as an OCI.

However, the Citizenship (Amendment) Bill, 2019, included a new reason for cancellation: if the OCI has broken any law in the country.

According to the Citizenship (Amendment) Act of 2019, when a person obtains citizenship, he or she must: a) Such persons shall be considered Indian citizens as of the date of their arrival into India (on or before December 31, 2014), and

b) All legal processes involving illegal migrants' illegal migration or citizenship will be terminated.

The bill, however, excludes illegal migrants from Assam, Meghalaya, Mizoram, and Tripura from receiving these benefits.

However, under the current Citizenship (Amendment) Act 2019, this duration would be reduced from six to five years.

Reason that this bill was opposed:

This bill is opposed mostly because it does not grant citizenship to illegal Muslim immigration from these three nations. Another reason for its condemnation is that it breaches the Indian Constitution's Article 14 requirements. These are some of the clauses of the Citizenship Amendment Act of 2019, which provides citizenship to illegal migrants from three nations. Some argue, however, that this change violates Article 14 of the Constitution, which prohibits discrimination against anybody based solely on caste, religion, sex, or location. Hopefully, after hearing from all sides of the country, the administration will make the right decision.


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