The central government of India has brought the Citizenship Amendment Act 2019 to amend the Citizenship Of India Act 1955. The amendment makes the provision to the granting citizenship to immigrants from Bangladesh, Pakistan, and Afghanistan.
The Citizenship Amendment Act 2019 read as
” 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 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;”Citizenship-Amemdment-Act-2019
This act does give Indian citizenship to the person who has migrated to India before or on 31st December 2014. Provided these people belong to Hindu, Sikh, Buddhist, Jain or Christian.
This Amendment does exclude Muslims to form the automatic granting of Indian citizenship. But does not exclude them from getting Indian Citizenship. The Muslim migrants from these countries will also be given Indian Citizenship but on case to case basis.
The immigrants from Bangladesh, Pakistan or Afghanistan who have entered the territory of India and belongs to Hindu, Sikh, Buddhism, Jain or Christian will be granted the Certificate of Registration or Certificate of Naturalisation by Central government or authority appointed by it.
Exceptions to the Citizenship Amendment Act 2019
Nothing in this section shall apply to the 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” notified under the Bengal Eastern Frontier Regulation, 1873.’.
The above provision will not apply in the Tribal areas of Assam, Meghalaya, Tripura and Mizoram and Inner Line Area.
Does Citizenship Amendment Act violate the provisions of the constitution
Article 14 of the Indian constitution says the “Equality before Law” which means all the Individuals will be treated equally irrespective of his social, economic and political status.
Whereas Article 15 says”The state can not discriminate on the basis of Caste, religion sex, race, place of birth or any of them”
Is this is the first instance when citizenship has been given on the basis of religion
No, This is not the first time when citizenship has been given in India on the basis of religion. Earlier the citizenship was given to the Sri Lankan Tamil who had migrated to India. Also in 1971 after the liberation of Bangladesh, citizenship was given.
The CAA 2019 is the Act of Parliament of India to amend the Citizenship of India Act 1955. This amendment allows the immigrants from Afghanistan, Pakistan and Bangladesh the citizenship of India if they belong to Hindu, Buddhist, Jain, Sikh or Christian. And they have entered the territory of India as on or before 31st December 2014.
The Citizenship Amendment Act 2019 is the Act of Parliament of India to amend the Citizenship of India Act 1955. This amendment allows the immigrants from Afghanistan, Pakistan and Bangladesh the citizenship of India if they belong to Hindu, Buddhist, Jain, Sikh or Christian. And they have entered the territory of India as on or before 31st December 2014.
The cut-off date for immigration in India is 31st December 2014 as per CAA 2019.
The Citizenship Amendment Act 2019 is not applicable in the Tribal Areas and Inner Line areas of Assam, Meghalaya, Tripura, and Mizoram.
The communities which are eligible for Indian citizenship as per CAA 2019 are Hindu, Sikh, Jain, Bodh, and Christian.