By Priyanshu Jain
Citizenship act passed by parliament on 11 Dec 2019 amended the citizenship act 1955 according to this bill Hindus, Sikhs, Jains, Parsis, Christians, religions who are facing religious persecution from Pakistan. Afghanistan and Bangladesh will get Indian citizenship if they are staying in India before 31 Dec 2014, but the controversy regarding this bill is the Muslim community is excluded from this bill, this amendment created larger chaos and destruction in Indian territory, There is serious fear in Muslims as they may unable to meet the stringent birth and identity proof requirement this may leave them stateless.
What is Citizenship?
Citizenship is the status of a person recognised under law as being a legal member of a sovereign state or belonging to a nation. In India, Article 5 -11 of the constitution deals with the concept of Citizenship. The term Citizenship entails the enjoyment of full membership of any state in which a Citizen has civil and political rights.
Article 5 of the constitution:
The article talks about the citizenship for people at the commencement of the constitution, i.e. , at the November 26th 1949. Under this, citizenship is conferred upon those persons who have their domicile in Indian Territory and –
Who was born in Indian territory; or
Whose either Parent was born in Indian territory; or
Who has ordinarily been a resident of India for not less than 5 year immediately preceding the commencement of the constitution?
Article 6: citizenship of certain persons who have migrated from Pakistan
Any person who has migrated from Pakistan shall be citizen of India at the time of the commencement of the constitution if –
He or either of his parents or any of his grandparents was born in India as given in the government of India act 1935; and
(a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in India since his migration, or
(b) in case such a person has migrated after July 19th 1948 and he has been registered as a citizen of India by an officer appointed in that behalf by the government of the dominion of India on an application made by him thereof to such an officer before the commencement of the constitution, Provided that no person shall be so registered unless he has been resident in India for at least 6 months immediately preceding the date of his application.
Article 7: citizenship of certain migrants to Pakistan
This article deals with rights of those people who has migrated to Pakistan after 1, 1947 but subsequently returned to India.
Article 8: Citizenship of certain citizens of India origin residing outside India
This article deals with rights of individual residing outside India for purpose of employment, marriage, and education.
Article 9:
People voluntarily acquiring the citizenship of foreign country will lapse Indian citizens as India as a concept of single citizenship.
Article 10:
Any person who is considered as citizen of India under any of the provisions of this part shall continue to be citizens of India and will also subject to all the law made in India.
Article 11: The parliament has right to make any provisions with regard to the acquisition and termination of citizenship and nay matter relating to citizenship.
Acquisition of citizenship:
Citizenship can be acquired by the following way.
1. Citizenship at the commencement of the constitution
2. Citizenship by birth
3. Citizenship by registration
4. Citizenship by naturalisation
5. Citizenship by naturalisation
6. by incorporation of the territory.
Centre logic behind the Bill:
Centre claim that minority people have come to India escaping persecution from Muslim majority nations like Pakistan, Afghanistan and Bangladesh but the logic made by state is not consistent as it does not deal with all religious minorities, in Muslims itself there are Shias and ahmedis who are facing serious repercussion in this Islamic nations. Pakistan had 85 persons of Sunni Muslims and only 5 to 24 per cent are Shias, due to being minority these peoples really deprived in many ways.
This bill nor applies to all neighbours countries like Sri Lanka, Burma, as Rohinga Muslims suffers serious religious persecution in Myanmar and Hindu are Christians Tamils are also facing serious persecution in Sri Lanka. Govt. respond in this stance was so sarcastic that Muslims can take refuges to Islamic nations, but at the same in case of Pakistani Buddhist and Christians can take refuges in many nation of their majority.
This bill created so much chaos in the country, culturally and economically with many tragedies, sometime bullet firing, sometime pelting stones, Somebody said me history repeat itself this is certainly true we can find in this bill, this instances recall me India Pakistan separation ruckus where lakhs of people died, India cannot afford any more division, and this bill is really harmful for unity and integrity of India.
Muslim minority persecution in these Islamic nations:
According to the report by Sweden international development cooperation agency, since 2013 Bangladesh has experienced a series of violent attacks by extremists, the victims Include Hindus, Buddhists, Christians as well as Ahmadis and Shi’a Muslims. So these statements counter attacked Amit shah argument that Muslims do not suffer in these Islamic nations, but they suffers, The second argument which our state govt. made is we are seeing persecution on the basis of religion and not the sector basis but the point is, whether a Muslim is Sunni, Sia’s, or Ahmadis he will be Muslim only in India also Hindu has many divisions, so much diversity but the citizenship law applied to every Hindu is same.
Feasibility of this bill in diverse country like India:
Ac to UN report 2020 India has nearly 1.38 billion population, Whereas Indian govt. didn’t have any Exact Data, in which more than 20 Cr. are Muslims, Does this feasible in diverse country like India where millions of illiterate peoples and Beggars are present who didn’t have anything to eat for one time, Is it possible they have identity proof of residing in India from years.
Motive behind every bill may be positive by the BJP government but the implementation of bill almost in all the Bills creates ruckus and chaos in the country, Be may take it as a Demonetization, GST, or any other Bill, really created destruction of Indian economy, Whether it is culturally, Economically or Financially. Indian economy seriously have the negative impact of this poorly implemented bill, The reason behind there negative impact is India is not ready for these kind of bill, in such illiteracy, in such diversity, in such population these bill will always create a negative impact. India is still a developing country we cannot compare India with US, UK, France because India is much different from them, May India is coping with them in many field but regarding these bills India is still lacking behind.
Citizenship (Amendment) Act 2019: What is it and why is it seen as a problem
“The bill seek to amend the definition of illegal immigrants for Hindu, Sikhs, Christians, Parsis, Jain, Buddhist from Pakistan, Afghanistan, Bangladesh who had live in India without documentation. Protest have broken across India, the centre hub of this protest is Assam who are seriously affected by this bill, This religious minorities will be granted fast track citizenship form twelve years from six years of residence has been the standard eligibility requirement for naturalisation.
The sole reason behind protest on this bill is, not inclusion of Muslims in this bill, as Indian constitution is secular so how Parliament can discriminate according to religion, the secular form of constitution means, it had no religion, and neutral on behalf of all the religion, so how the person who is heading the state can discriminate. The legislation applied to those who were forced to seek shelter in India due to persecution on the ground of religion.
Centre logic behind this bill is so nebulous and vague, Centre says that these minority group are escaping from Muslim majority nations as they are facing persecution in this nation, but the centre logic behind this bill is not consistent as it does not apply all the minorities communities nor it applies to all the neighbours, The Ahmadies, the Shia’s and the Hararas sector of Muslims are also facing religious persecution in this Muslim majority nations, Rohingya Muslims and Hindu and Christians Tamils face persecution in Burma and Sri Lanka. So why govt. didn’t include any clause regarding these nations? Why govt. only targeted the Islamic nations.”
Amit shah says this bill will not have necessary if congress did not have agree partition on the basis of religion but only Pakistan was form on the basis of partition, only the Muslim league and the Hindu right activist advocated the two nation theory of Hindu and Muslims all the founders of India were committed to a secular state, where all the citizens irrespective of religion enjoyed full membership, and inspite of this Afghanistan was not part of pre partition of India, so this is just a political target on congress.
Difference between NRC and CAA:
The National Register of Citizens that we saw in Assam targeted illegal immigrants. A person has to prove that either they or their ancestors were IN Assam on or before March 24 1971, which may extended to rest of the country, is not based on religion unlike CAB.
The CAA infringes Muslims identity by declaring a welfare refuges to all other religions communities. It seeks to legally establish Muslim as secondary classed citizens of India by providing preferential treatment to other groups. This violates the constitution article 14. The fundamental right to equality to all persons. The basic structure of parliament cannot be reshaped by parliament as state in Keshvananda Bharti v State of Kerala and still govt. claims it is constitutional.
2. Why I oppose the citizenship Amendment act By Inamul Hasan (social activist)
Primarily the citizenship amendment act is against the Indian constitution which guarantees that every citizen of India should be treated with equality and that there will be no discrimination based on religion, Caste, Race, and gender. The right to like-(decent and dignified living) will be ensured for every citizen.
This act excludes the second highest populist religion in India which is Muslim, this show the biasedness of right wing forces which are working on the British policy of divide and rule. They are proving at every occasion that they are puppets of colonial power, speaking on the fake of religion, spoiling the name of Hinduism in India.
The bill definitely discriminates on the basis of religion; our constitution is secular in nature, and then how state discriminates between Hindu and Muslims coming from same countries. This is really disastrous for unity and integrity of India, India already has so many divisions now India cannot afford anymore division.
Shia persecution continues to spiral in Pakistan as the state acquiesces to genocides Violence By Hassan Naquvi
The Shia had adopted self-segregation by living in clusters among themselves; however this has only made them more vulnerable to mass scale attacks. The challenges faced by Shia are systemic and organised to debilitate and annihilate the Shia from practicing their religion without fear for their life or that of their loved ones.
Amit shah claimed in an argument that Muslim does not get persecuted in a Muslim dominated country but the facts are something else, The Shia Muslim in Pakistan are discriminated in all sense whether it is cultural, religious or economical and the second argument made by our Home minister is that we are adopting this bill on religion basis but not on sectorial basis but the Loophole is Whether a Muslim is Shia or Sunni he will be Muslim only.
The systemic oppression takes several forms whether it is the inability of Pakistan’s judicial system or security apparatus to protect or bring to justice the criminals or the organisation carrying out Genocide killings, or the education system that has removed the referenced to Shia schools Of thoughts or media that refuse to cover the atrocities committed towards Shias.
Conclusion:
CAA act passed on 11 Dec 2019 is really very controversial in nature, its acts, provisions, clause are very nebulous which can affect the whole diversity of India, India is biggest democracy in the world, India follows the secular form of religion, This act is partial in nature whether it is culturally or economically. The arguments made by BJP govt. are inconsistent, they are meant to be excuse only, India population is nearly 1.38 billion in 2020 according to UN, Present govt. do not have any exact Data regarding Indian population so really this bill is Feasible in India.
This bill is regressive in nature, the problem of BJP govt. is their biased form of ruling in India there almost bill are biased toward Hindus. Although Pakistan was formed on the basis of religion but not India, even Christians are included in this bill so by not Muslims,
BJP claims that the Muslim minority can have refugee in many countries but in the same case Buddhist and Christians can have, that is not a valid excuse. Why BJP is always taking concern with controversial issue it had many area like inflation, unemployment, inflation, rapes, poverty, look to our economy thanks to demonetization and GST India cannot afford any more blunder.
What remedy does India have for Lakhs of peoples remain stateless? Due to this regressive act, we have seen the destruction during partition. All these 3 countries have refused to take them where they will go? Every bill should have a well-planned structure before taking into effect.
Future scope:
The CAA act passed by parliament on 11 Dec 2019 is regressive for our economy in long run, This bill is really destructive for unity and integrity of India, Indian constitution is secular in nature, how can state discriminates on the basis of religion, If it discriminates how the bill act cannot be killed as constitutional.
In case of feasibility this bill is not feasible in the diverse country like India, at present government is ignoring the chants of striking peoples, I don’t think govt. of such large country should remain silent in so much chaos and disorder, Muslims are the part of motherland, if they are dissatisfied it is state, responsibility to satisfy them.
The future remain in our state hand if it is not taking sudden action, this will be disastrous in long run as GST and Demonetization is, GST had degrade our economy to such a low per cent, which no one has estimated, India had lack of employment opportunities, the MSME suffered the most with BJP destructive laws.
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