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Friday, January 18, 2019

Citizenship (Amendment) Bill 2016 - All You Need To Know

Passed by Lok Sabha on Tuesday January 08, 2019 the Citizenship (Amendment) Bill is yet to be introduced in Rajya Sabha.

It amends the Citizenship Act, 1955 by selectively relaxing the eligibility rules for immigrants in getting Indian citizenship.

Under the existing Act, an immigrant must have lived in India for 12 of the previous 14 years

The Bill relaxes this to six years for certain sections of immigrants

 Legal experts say that when the Bill is read together with a Home Ministry notification of September 7, 2015 on The Passport (Entry into India) Amendment Rules, 2015 and with The Foreigners (Amendment) Order, 2015, the cutoff for citizenship becomes December 31, 2014

 This is for immigrants belonging to six minority (non-Muslim) religions —Hindus, Sikhs, Buddhists, Jains, Parsis, Christians — from Afghanistan, Bangladesh or Pakistan.


Why is the government intent on pushing such a sensitive Bill?

The Bill is not just for Assam and the Northeast, but for the entire country. In Silchar on January 4, Prime Minister Narendra Modi described it as an “atonement” for mistakes committed during Partition

Who are protesting?

They include leaders of non-BJP parties, BJP allies and a few of the BJP too, with influential groups such as the All Assam Students’ Union (AASU), civil society organisations and leading intellectuals. Mahanta’s AGP has pulled out of the BJP-led government. Protesters have held rallies and meetings, and observed a Northeast bandh called by the North East Students’ Organisation (NESO) and AASU. Students have boycotted classes.

Why has Citizenship Bill led to protests?

Protesters have expressed fears that the prospect of citizenship will encourage migration from Bangladesh. They have cited several grounds for opposing this.

Demography

 This will change across Northeastern states, protesters say, as has already been happening in Assam and Tripura over decades of migration (see graphs). “Assamese could become the second language. Then there is also the question of loss of political rights and culture of the indigenous people,” said former Chief Minister Prafulla Mahanta, who was the face of the Assam Movement (1979-85) against illegal immigration, and one of the signatories to the Assam Accord at the culmination of the movement.

Bill vs National Register of Citizens(NRC)

  Protesters say the Bill goes against the Assam Accord and negates the ongoing update of the National Register of Citizens(NRC).

The Accord and the NRC set March 25, 1971 as the cutoff for citizenship, irrespective of religion. To be included as citizens, applicants need to prove that they (or their ancestors) were present in Assam before that date

AASU adviser Samujjal Bhattacharya and activist Akhil Gogoi told that the Bill proposes to “protect illegal Bangladeshis who have come after 1971”

Religious discrimination

 While the Assam Movement did not discriminate between Hindu and Muslim immigrants, the Bill proposes to grant citizenship on the basis of religion.

The protesters call it unconstitutional.

 “The Bill plays with the Constitution, and that is very dangerous,” former Assam Chief Minister Prafulla Mahanta said

Protests Beyond Assam

Tripura: Parties representing indigenous tribes — including BJP coalition partner IPFT — have opposed the Citizenship (Amendment) Bill. A case demanding an NRC in Tripura is pending in the Supreme Court. Upendra Debbarma, adviser to the Twipra Students’ Federation, told The Indian Express: “We are already a microscopic minority in our own land. If this Bill is passed, our demography would be threatened.”

Manipur: BJP Chief Minister N Biren Singh was quoted by PTI as saying Thursday that his government will not support the Bill unless a provision is included for protecting the rights of the indigenous in the Northeast. To express Manipur’s concerns, he had met Union Home Minister Rajnath Singh on January 12 . The state is awaiting central assent for its Manipur People’s (Protection) Bill, 2018 that proposes 1951 as the cutoff for eligibility to various protections. The state Cabinet issued a note on January 10, communicated to Rajnath Singh: “There is apprehension also that once [the Bill] is implemented, the state could be flooded with a large number of illegal immigrants and foreigners from neighbouring countries…”

Meghalaya: On January 10, the ruling alliance, which includes two BJP MLAs, passed a resolution against the Bill. Chief Minister Conrad Sangma has termed its passage in Lok Sabha “unfortunate”. Assembly Speaker Donkupar Roy, president of BJP ally UDP, told PTI: “The Bill would open the gates for illegal immigrants from Bangladesh… We do not want the indigenous population to become a minority in our own state.”

ILP States: To enter Arunachal Pradesh, Nagaland or Mizoram, Indians from other states need an inner line permit (ILP) under the provisions of the Bengal Eastern Frontier Regulation (BEFR) Act. Nagaland CM Neiphiu Rio (of BJP ally NDPP) said the state is protected but added the Bill in its present form needed review and expressed solidarity with communities who will be affected. Last May, Arunachal CM Pema Khandu (BJP) too said the state is protected by the BEFR Act 1873, while the state Congress has opposed the Bill. Mizoram CM Zoramthanga, whose MNF is part of the BJP-led alliance, told that his party was “very annoyed” about the passage of the Bill in Lok Sabha.



 

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