At the stroke of midnight on December 12, the most disputed and controversial citizenship amendment bill got the assent of honorable President of India. The Act seeks to amend the existing Citizenship Act 1955. It is said to have secured 125 votes in favor and 99 against in the Parliament. This Act stipulates the right to hold the Indian citizenship to 6 different communities ‘’Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who have come from our 3 neighboring countries –“ Pakistan, Afghanistan, and Bangladesh” till December 2014. the existing rules stated that these communities should have resided or served GOI for a period of 11 years which was amended and reduced to 5 years. The main objective of this move is to give shelter to the above mentioned persecuted minorities. So why has it stirred so many controversies?? Let us try to understand.
Citizenship explained
Citizenship is a subject matter of the union list and hence has exclusive jurisdiction of Parliament. Article 5 of the constitution of India states citizen means :
Every person who was born in India Either of whose parents are born in India Who has been ordinarily resident in India for not less than 5 years.
The citizens of India would enjoy civil and political rights vested upon them.
Why the amendment?
This amendment comes as a part of the political promise by the BJP Government before the 2014 elections to give citizenship rights to all those minority communities who come from these 3 countries. These communities were persecuted on the basis of religious grounds which made them fled their country and seek refuge in India. Also, the act seeks to amend the definition of illegal immigrants. However, the bigger question which arises is what about the other communities. Also why only these 3 countries and these 6 communities ??? This has stirred many controversies and protests all around India. One of the prime reasons is because it is said to have violated the spirit of Article 14, 15 and Article 25 of the constitution of India. Article 14 guarantees equality before the law. Article 15 of the Indian Constitution mandates no discrimination shall be made on the basis of religion. Also as per Article 25 of the Indian Constitution, all persons are given the freedom to practice, profess and propagate any religion which they wish to.
THE CASE OF NORTHEAST AND ASSAM ACCORD
Northeastern states particularly Assam witnessed a huge number of illegal immigrants starting from 1920. This was mainly due to the political unrest in northeastern states. The number accelerated during 1947 -1971. The indigenous population was alarmed about the disturbance of demographic dimensions of the state. It would also result in a huge loss of resources and opportunities for the natives of the state. During the 1978 Assam elections, the number of illegal immigrants came to light in the electoral list which led to Assam agitation or Assam Andolan (1979-1985) led by All Assam Students Union(AASU). This has paved the way to sign a memorandum of understanding between the Government of India and the students’ leader. Hence Assam Accord 1985 was signed as an understanding between the central government and Assam state government to identify and deport the illegal migrants.
CAA – NRC
NRC is the national register of citizens that was prepared under the purview of the Foreigners Act of 1946. It distinguishes the Indian citizens residing in Assam from the illegal migrants. This was first prepared in 1951 after conducting the census. No one has to link oneself to the family member whose name has appeared in the NRC 1951 or state’s electoral list before 24th March 1971. This date was agreed upon in the Assam Accord 1985. The illegal immigrant who had entered Assam between 951-1961 would be given full citizenship including the right to vote. The migrants who entered between 1961-1971 would also be given citizenship but would be denied voting rights for 10 years. People who had entered after March 24, 1971, would be declared an illegal immigrant. However, the successive state government of Assam failed to carry out the required process. Hence in 2005, another agreement was signed between the Central, State, and AASU in order to update the NRC. Assam Public Works an NGO filed a petition in the supreme court and asked them to remove the foreigners from the voter’s list. The Supreme court hence passed an order to update the list by December 31st, 2017. The onus of proving nationality rests with the people and not officials. To prove one has strong roots in the state and their nationality was not an easy task at all. Almost 40 lakhs genuine citizens have been left out. Out of whom more than 1200 were sent to a detention camp. More than 1200 people were held in detention centers. More than 28 people have died in the detention camp Here is the link of the BBC Documentary explaining the plight of the people.
The protest
Soon after the clearance of this bill nationwide, revolutionary protests were witnessed. More than 5000 people were detained during the protest. Large scale vandalism and violence erupted throughout India. At least 16 people were killed, 5 vehicles were set afire, around 260 security guards were injured during anti CAA protests. Police and paramilitary forces had to step in to control the mob. The irony is people who are responsible to protect the citizens have turned up against them. The protest which caught everyone's attention was that unfolded in the universities –Jamia Millia Islamia University. The university campus turned out to be a war zone where police used extreme measures and lathi-charge on the students. Students were allegedly beaten up, tear-gassed and terrorized brutally. The students who were not a part of protest were also victimized. Students of the university staged the protest by barring the bodies in response to the remark by PM that people who are protesting can be identified by their clothing. Aligarh Muslim University also saw a huge number of students and non-teaching staff participating in the anti CAA protests. Delhi police entered the campus to contain the violence which leads to severe clashes between the police and students and staff. Tear gas shells, rubber bullets, stun grenades, pellets, and stones were used as a means to control violence. Around 60 students have suffered injuries including 1 who had to amputate his arm due to the explosion of tear gas grenade. Several media OB vans and journalists have also been attacked and subjected to unnecessary harassment. Mobile internet has been suspended in several parts of the country. Section 144 has been imposed which banned the gathering of more than 4 people in public places
Do we have to resort to violence and destroy public properties and create an environment so hostile to shame India in the international eyes?
The act undermines another important community and has instilled fears in minorities in particular. The government wants young people to believe that the nationwide protest is anti-national. The solution to this issue can be addressed by making meaningful changes that would dispel fears by dropping the religious specification and extending the citizenship rights to all migrants who can prove persecution in their countries. Also, the government wants to divert attention from the real issues which the country is facing - poor GDP growth, unemployment, etc. The question to be asked if India can accommodate these many immigrants and offer them jobs and assure their well being when currently it is being ranked 102 in the Global Hunger Index 2019. From time immemorial India holds the image of a secular country wherein no discrimination can be made on the basis of caste, creed, or religion. There were a plethora of ways by discussing and debating the issue before its implementation. They failed to listen to the other side which proved to be detrimental to democratic India.Cleared by Rajya sabha with 125 votes in favor and 99 against the bill. The bill has deeply effected the sentiments of Muslims.
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