Basics of Citizenship and Citizenship Amendment Act, 2019

The concept of citizenship determines who is recognized as a member of a nation and enjoys its legal rights and responsibilities. In India, Articles 5-11 of the Constitution and the Citizenship Act, 1955 outline the framework for acquiring, maintaining, and terminating citizenship. The Citizenship Amendment Act, 2019 (CAA, 2019) introduced significant changes, sparking debates about its intent and impact.

Basics of Citizenship in India

1. Constitutional Provisions

• Articles 5-11 in Part II of the Indian Constitution regulate citizenship laws.
• The Constitution provides for single citizenship for all of India, unlike some countries that allow dual citizenship.

2. Citizenship Act, 1955

This Act defines how citizenship can be acquired and lost. It includes provisions for:

• Acquisition of Citizenship:
• By birth: If a person is born in India under certain conditions.
• By descent: If a person is born abroad but has Indian parent(s).
• By registration: For specific eligible persons, such as spouses of Indian citizens.
• By naturalization: For foreign nationals who meet residency and other criteria.
• By incorporation of territory: If a new territory becomes part of India.
• Termination of Citizenship:
• Renunciation: Voluntarily giving up Indian citizenship.
• Termination: If a person acquires foreign citizenship.
• Deprivation: Citizenship can be revoked under certain conditions.
• Parliamentary Jurisdiction:
• Citizenship matters fall under the exclusive jurisdiction of the Indian Parliament.

Citizenship Amendment Act, 2019 (CAA, 2019)

1. Purpose of Citizenship Amendment Act (CAA, 2019)

The Citizenship Amendment Act (CAA) amended the Citizenship Act, 1955, to provide Indian citizenship to persecuted minorities from:

• Afghanistan, Bangladesh, and Pakistan
• Religious groups eligible: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians

2. Key Provisions

• Exemption for Certain Migrants:
• The Citizenship Amendment Act (CAA) does not treat these religious groups as illegal migrants.
• To benefit from the Act, they must have been exempted from the Foreigners Act, 1946, and the Passport (Entry into India) Act, 1920 by the central government.
• Consequences of Acquiring Citizenship:
• Once granted citizenship, these individuals are deemed Indian citizens from the date of their entry into India.
• All legal proceedings related to illegal migration are closed.
• Relaxation in Citizenship by Naturalization:
• The Citizenship Act, 1955, requires a person to have resided in India for 11 of the past 14 years.
• The Citizenship Amendment Act (CAA) reduces this period to 5 years for eligible religious groups from the three countries.

3. Cancellation of Overseas Citizen of India (OCI) Card

The Citizenship Act, 1955, allows the government to cancel OCI registration on certain grounds:

• If the person obtained OCI status fraudulently.
• If, within 5 years of registration, the person is sentenced to 2+ years in prison.
• New provision: If an OCI cardholder violates any Indian law, their registration may be canceled.

4. Exceptions to Citizenship Amendment Act (CAA) Implementation

The Citizenship Amendment Act (CAA) does not apply to:

• Tribal areas of Assam, Meghalaya, Mizoram, and Tripura, as per the Sixth Schedule of the Constitution.
• Inner Line Permit (ILP) areas, covered under the Bengal Eastern Frontier Regulation, 1873.

Arguments in Favor of Citizenship Amendment Act (CAA, 2019)

1. Protection of Religious Minorities

• The Act provides citizenship to persecuted religious minorities from Pakistan, Afghanistan, and Bangladesh.

2. Rectification of Historical Injustices

• The law identifies and legalizes refugees who fled religious persecution.

3. Alignment with Humanitarian Norms

• While India is not a signatory to the 1951 UN Refugee Convention, the CAA provides a legal refuge to displaced minorities.

4. National Security Considerations

• By granting legal status, the Act ensures proper integration of refugees into society, reducing potential security threats.

5. Upholding India's Civilizational Values

• India has a long history of welcoming persecuted communities, and the Act reinforces this tradition.

Concerns and Criticisms of Citizenship Amendment Act (CAA, 2019)

1. Arbitrary Cut-off Date

• The cut-off date of December 31, 2014, appears arbitrary and lacks clear justification.

2. Religion-based Inclusion

• The Act focuses on religion, which contradicts India's secular principles and right to equality (Article 14).

3. Lack of Verification Mechanism

• There is no clear process to verify claims of religious persecution, raising concerns about misuse.

4. Exclusion of Other Persecuted Groups

• Muslim minorities like Rohingyas (Myanmar) and Ahmadiyyas (Pakistan) are not included, questioning the Act’s fairness.

5. Impact on International Relations

• The Act could strain diplomatic ties with neighboring countries, particularly Bangladesh.

Way Forward

1. Inclusive and Fair Approach

• The CAA should be refined to address valid concerns while maintaining its humanitarian objective.

2. Secular Implementation

• Instead of a religion-based approach, citizenship should be granted to all persecuted individuals regardless of religion.

3. Gradual and Careful Induction

• Citizenship grants should be monitored carefully, ensuring national security and social stability.

Conclusion

The Citizenship Amendment Act, 2019, aims to provide relief to persecuted minorities but raises concerns about secularism, equality, and inclusivity. While the intent of the Act aligns with humanitarian principles, it must be implemented carefully to maintain fairness, national security, and constitutional integrity.