Citizenship Amendment Act, 2019: Hyper Simplified
On December 10, 2019, the Citizenship Amendment Bill was passed by Lok Sabha and a day later, the Rajya Sabha found itself nodding a yes to it as well.
Let me begin with a disclaimer that this article hopes to clarify any doubts the reader may have and does not aim to defend or refute. It is simply stating facts and answering questions.
Also, please don’t call me a Modi Bhakt after. I don’t have the mental space to be anyone’s bhakt but my own :P
A. Who can be an Indian Citizen?
- Citizenship at the commencement of the Indian Constitution:
Since it was created in the era of partition, this act says that anyone who resides in India as of 26 November 1949, is a citizen of India. At the time, there were many provisions to aid migrants from the states that were now owned by Pakistan. - Citizenship by Birth:
- January 26, 1950 — July 1, 1987: Any individual born on Indian land
- July 1, 1987 — December 3, 2004: Any individual born such that, at least one of the parents was an Indian citizen at the time of birth
- December 3, 2004 — Present: Both parents are Indian citizens, or one parent is an Indian citizen and the other was not an illegal immigrant at the time of the child’s birth.
3. Citizenship by Descent:
- January 26, 1950–December 10, 1992: Citizen of India by descent if the father was a citizen of India at the time of their birth.
- December 10, 1992– December 3, 2004: Citizens of India if either of their parents is a citizen of India at the time of their birth.
- December 3, 2004– Present: Shall not be considered citizen of India unless their birth is registered at an Indian diplomatic mission within one year of the date of birth.
4. Citizenship by Registration
5. Citizenship by Naturalisation
This is what applied to immigrants:
Let us begin by making it clear that this DOES NOT apply to illegal immigrants.
Citizenship of India by naturalisation can be acquired by a foreigner who is ordinarily resident in India for 12 years (throughout the period of 12 months immediately preceding the date of application and for 11 years in the aggregate of 14 years preceding the 12 months)
https://indiancitizenshiponline.nic.in/Home2.aspx?formcode=08
Just an example: So, if it is 17/12/19 today, you should’ve resided in India since 17/12/18. And between 2005–2019, you should’ve resided in India for 11 years at least.
B. What is the Citizenship Amendment Bill?
This amendment act, proposed by the ruling party, BJP, in 2019, seeks to amend the Citizenship Act of 1955. It provides a “path to Indian citizenship” to individuals of minority religions i.e.
1. Hindus
2. Sikhs
3. Buddhists
4. Jains
5. Parsis
6. Christians
from 3 of India’s neighbours, namely, Pakistan, Afghanistan and Bangladesh.
The above-mentioned countries, by law, as per their constitutions, recognize themselves to be Muslim Nations, but don’t just believe me.
C. Let’s get into specificities of what the bill says:
“Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December 2014” would benefit from the provisions of this amendment if they faced “religious persecution or fear of religious persecution” in their countries of origin.
Q. What is the provision?
Mainly, under the Act, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years.
1. The CAA firstly provides the right to illegal immigrants to become Indian citizens for the first time, provided they belong to the same six religions and three countries.
2. CAA relaxes this 11-year requirement to 5 years for persons belonging to the same six religions and three countries.
D. How Does it Affect Secularity of India?
The 42nd amendment of the constitution in 1976 changed the description of India from a “sovereign democratic republic” to a “sovereign, socialist secular democratic republic”. This was under Indira Gandhi’s government at the time. However, interestingly, what many of us don’t know is that B.R. Ambedkar, the father of our constitution, was in fact, against having “secular” in our constitution. He believed “ how the society should be organised in its social and economic side are matters which must be decided by the people themselves according to time and circumstances.”
The Indian Constitution as of today does not state an official religion for the Republic of India. Every Indian citizen holds the right to practice a religion at their own will, to convert to other religions if they desire and build schools on religious grounds as well as houses of worship.
E. Who is Affected & How?
Now, let’s keep the constitution in general and the bill on two different sides. The constitution applies to citizens and the bill applies to non-citizens.
(Yes, I am aware this bill is a part of our constitution)
- Non-Citizens:
Here the non-citizens of India being referred to, are citizens of Pakistan, Afghanistan or Bangladesh only.
This could also be considered a reference to future immigrants.
According to CAA (Citizenship Amendment Act), beneficiaries (i.e. people who benefit from CAB should have faced “religious persecution or fear of religious persecution” in their countries of origin. Since all three countries involved are Muslim majorities, there is a very slim chance of Muslims facing religious persecution in their own country of origin as compared to Parsis for example.
Therefore, no sensible explanation can claim Muslims to be minorities in Pakistan, Afghanistan or even Bangladesh, and yet again, since the bill applies to minority communities, Muslims have been excluded from the list of beneficiaries. (I know there are communities within Islam who are facing prosecution, this bill is not all-inclusive.)
How are you affected?
- If you are an individual of any of these six religions (Hinduism, Buddhism, Jainism, Sikhism, Christianity, Zoroastrianism)
- Are not a citizen of India i.e. have migrated to India from any of the three neighbouring nations of Pakistan, Bangladesh & Afghanistan,
- Are facing religious persecution or in fear of facing it
The CAA provides you with the right to a fast track to citizenship of India. A right you did not hold as an illegal immigrant before.
Q: Well, even though Muslims might not be being persecuted, how can you stop them from being a Secular India’s citizen?
A: The Citizenship Act of 1955 does not discriminate AT ALL on the basis of religion. It is clear in its requirements, as any nation should be. You are still eligible for Citizenship by Registration, for example. There is no mention of religion in any provisions of the Act. You do not need to worry about the CAA because it does not apply to you.
Semi-Citizens:
Here, I mean no disrespect, I simply refer to illegal immigrants who have been in India for decades (or not) and live normal lives that have been disturbed by this bill.
Q: India is already madly populated. Why are we inviting more people?
A: Look, people are gonna come one way or another. Might as well account for them, might as well treat them with respect and might as well budget for them with a clearer picture of our population levels.
That being said, I am sorry, but the reasons for illegal immigrants from minority religions do hold stronger than that of Muslims, who immigrate for perhaps, better livelihoods and economic conditions.
Now, let’s talk a tiny bit about the NRC i.e. National Register of Citizens of India.
Thus, as a regular citizen of India, you have no direct implications at all. Irrespective of your religion. To reiterate,
No Indian Muslim is threatened by this bill. This bill is an addition to the Citizenship Act of 1955. This bill is in reference to MINORITIES, from said countries. Since Pakistan, Afghanistan and Bangladesh state Islam to be their official religions in their respective constitutions, Muslims are not a minority in these countries and thus not included in the list of religions that will benefit from this bill. It would be the same if a Hindu were to seek refuge in Pakistan. (Sounds strange doesn’t it?)
Yes, the repercussions on illegal Muslim immigrants already in India, when faced with the combination of NRC as well as CAA could be harsh. However, I am still awaiting more official details to be able to comment on that.
E. Assam & West Bengal
To really simplify everything and look at it from a regular Assamese’s point of view, it is more than understandable to see protests against more and more foreigners entering Assam, taking jobs, diluting their culture and language, maybe straining resources too. However, provisions will be made to rehabilitate these immigrants, who will now be accounted for officially, in states across the country.
Fun Fact: One reason Shiv Sena opposed the bill in Rajya Sabha was because BJP did not disclose the said distribution of immigrants.
F. Student Protests
Peaceful protests are our democratic right and most students are exercising it peacefully. However, there is no denying political interference in these protests. One cannot verify, with 100% certainty the cause and results of these protests, but one can draw a line at what is believed and who is supported. We can, as citizens, build our own opinions by reading both sides of the story and not believing statements that haven’t been backed by proof.
Interesting take on Jamia Protests:
G. India’s UN Obligations
India does hold responsibilities to care for refugees from the UNHCR, but it does not hold the obligation to provide them with citizenship.
Source: https://www.unhcr.org/4cd96e919.pdf
Before you believe anything in the media, simply keep in mind that just how you refuse to trust the ruling party, don’t blindly trust the opposition either. At the end of the day, that’s their job. To oppose. And they’re all bloody good at it.
