critical analysis of citizenship amendment bill 2019

border-left: 1px solid #dddddd; Also, giving the Central Government power to notify such laws whose violation would lead to cancellation of OCI Card is a wide discretion that may amount to an excessive delegation by the legislature. This amendment allows only six communities that is Hindu, Sikh, Buddhist, Jain, Parsi, and Christian for citizenship in India. Know about the background and controversies regarding CAB 2019, and the Indian Citizenship Act. In 1951, non-Muslims comprised 23.2% of the region’s population but by 2011 this share shrunk to 9.6%. (CAA) on 11th December. Moreover, they will not be deported for not having documents. background-color: #ffffff } Many persons out of such fear have fled to India to seek shelter and continued to stay in India even after travel documents have expired or they have incomplete or no documents. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. The NRC was a promise made in the Assam Accord to identify and deport illegal immigrants but after the Citizenship (Amendment) Act, 2019, illegal immigrants belonging to non-muslim communities cannot be deported. the people of the North-East should be engaged more constructively to convince them that the linguistic, cultural, and social identity of the people of the region would be preserved. <> Post was not sent - check your email addresses! The Bill added one more ground for the cancellation of registration of Overseas Citizenship by the Central Government under Section 7D of the 1955 Act i.e if the OCI has violated any provisions of this Act or any other law for the time being in force. There is apparently a lot to realize about this. The act shall also pass the reasonable classification test as was given in the case of, , which underlined two principles for the test i.e firstly there should be a reasonable classification and secondly, there should be a nexus between the object sought to be achieved and legislation. In the amendment, persons belonging to minority communities of Hindus, Jains, Sikhs, Christians, Buddhists and Parsis from Afghanistan, Pakistan and Bangladesh, who have entered into India on or before 31st December 2014 have been excluded from the definition of “illegal immigrants”, given in, of the Citizenship Act. Required fields are marked *. This means that to enter these areas or pass through them, the Indians from other states would have to get “Inner Line Permit. Now the recent amendment seeks to give citizenship to the non-muslims who have entered illegally in Assam. Clause 6 of the accord talks about providing constitutional, legislative and administrative safeguards to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people. The article discusses the ways for acquisition of citizenship under the Citizenship Act, 1955 and provides an analysis of the Citizenship (Amendment) Act, 2019. .relpost_content{ For reduction of period from 11 years to 5 years for the persecuted minorities in the three countries, the Government argued that imposing condition of 11 years residence to get citizenship by Naturalisation “denies them many opportunities and advantages that may accrue only to the citizens of India even though they are likely to stay in India permanently.”, Article 14 of the Constitution of India says that “State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” The phrase “within the territory of India” conveys that equality should be given to all persons residing in India which includes foreigners and citizens. Thousands of these foreigners were Muslims.. The Constitution of India provides for Citizenship to Indians under Article between  5 to 11. Besides, the citizenship bill also makes amendments to provisions related to the Overseas Citizens of India (OCI) Cardholders. Seven North-eastern states have been given exemptions from the amended provisions. Home Minister Amit Shah said no minority community would be adversely affected by the implementation of the new law. It will also not apply to the “Inner Line” areas notified under the Bengal Eastern Frontier Regulation, 1873. Save my name, email, and website in this browser for the next time I comment. It says that Citizenship in India can be acquired by five ways: by birth, by descent, registration, naturalisation (increased residence), and by the incorporation of a territory into India. Download Citizenship Amendment Act notes PDF, notes of CAA Bill PDF for IAS Exam. It has also not recognised Sri Lankan Tamils and Rohingya Muslims in Myanmar who face religious persecution in their countries. Also, it has no provision for Muslim sects such as Ahmadiya and Shia who also face persecution in Pakistan. Criticism of Citizenship Amendment Act, 2019. Lexpeeps organises different events debates seminars of its own and also organises the major law school activities on tie-ups with leading law schools. citizenship grants upon individual membership in a national political community. The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 The Pact provided for better treatment of minorities in both countries. Investigation Bureau, from his records, gave a count on 31,313 people who are going to be the immediate beneficiaries after this amendment, among whom Hindus constituted the largest chunk, 25,447, followed by Sikhs at 5,807, Christians at 56, and Buddhists and Parsis numbering only two each. Lok Sabha has passed the Citizenship (Amendment) Bill in the year 2019. Some of them also have fears about such persecution in their day-to-day life where the right to practice, profess and propagate their religion has been obstructed and restricted. } The amendment covers illegal immigrants belonging to six communities, who are Hindus, Sikhs, Jains, Parsis, Christians and Buddhists from Afghanistan, Pakistan and Bangladesh, and who have entered into India on or before 31st December 2014. This permit system applies to Arunachal Pradesh, Mizoram, and Nagaland. Even if the states protected by ILP were not exempted from the bill’s purview, they were not going to get effected in any case. This amendment allows only six communities that is Hindu, Sikh, Buddhist, Jain, Parsi, and Christian for citizenship in India. Therefore, any Act passed by the Parliament must not be against secularism. body.custom-background { background-color: #ffffff; }. So the Amended Act seeks to give these people Indian Citizenship who have come to India after facing persecution in the three countries. After the registration within a time of five years, the citizen has been sentenced to imprisonment for two years or more. It was passed by the Lok Sabha on 10th December and by Rajya Sabha on 11th, and finally after receiving the assent of the President on 12th December has become an Act. The amendment has also made new provisions regarding OCI cardholders. However, after the exercise, 19 lakh people found themselves excluded from NRC. background-color: #eeeeee; The Bill will apply only to all States and Union Territories of the country as given in the amendment act. The Act says “Nothing in this section shall apply to tribal areas of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under the ‘Inner Line Permit’ (ILP) notified under the Bengal Eastern Frontier Regulation, 1873.” The tribal areas that are excluded include Karbi Anglong in Assam, Garo Hills in Meghalaya, Chakma district in Mizoram, and Tribal Areas district in Tripura. Assam Accord was signed between the Union Government and leaders of the All Assam Students Union (AASU) in 1985, at the end of a six-year-long agitation demanding the expulsion of illegal immigrants from Bangladesh. Mutual Consent Divorce is the Simplest Way to Obtain a D... Trade Unionism had made its headway owing to growth of industrialization and of the Foreigners Act, the Central Government has the power to order the deportation of a foreign national. In the amendment, persons belonging to minority communities of Hindus, Jains, Sikhs, Christians, Buddhists and Parsis from Afghanistan, Pakistan and Bangladesh, who have entered into India on or before 31st December 2014 have been excluded from the definition of “illegal immigrants”, given in Section 2(1)(b) of the Citizenship Act. However, if in the opinion of the Central Government, the applicant has rendered some distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule.

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