Sambhav-2023

Approach

• Introduce the constitutional provision regarding the citizenship and recent amendment in CAA.
• Mention the recent changes brought by CAA in the condition for the Acquisition of Citizenship in India. Also, discuss whether the changes in the act are against the secular fabric of India or not.
• Conclude suitably.

Introduction

As per article 11 of Indian constitution, which empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship, Citizenship Amendment Act (CAA), 2019 was recently enacted by the Parliament that seeks to amend the Citizenship Act, 1955.

Body

Key provisions of the Citizenship Amendment Act (CAA), 2019 regarding Acquisition of Citizenship in India:

• The amendment provides that persecuted migrants who fulfil few conditions will not be treated as illegal migrants under the Act.
• The CAA provides citizenship on the basis of religion to six undocumented non-Muslim communities (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Pakistan, Afghanistan and Bangladesh who entered India on or before 31st December, 2014.
  • They should not be in certain tribal areas of the Sixth Schedule, or areas under the “Inner Line” permit.
• All legal proceedings against above category of migrants in respect of their illegal migration or citizenship will be closed and period of naturalization has also been reduced from 11 years to 5 years for above category of migrants.

As the said amendment brought to include the religious minorities from the neighboring countries, as a citizen of India, by including religious ground as one of the criteria for the acquisition of citizenship in India for selected group of people. It brings the secular nature of India in the debate.

Argument in Favour of Citizenship Amendment Act (CAA), 2019 i.e., it is not destroying the secular fabric of India:

• CAA doesn’t allow anyone to take citizenship based on the religious ground like many religious countries. E.g., Israel allows every Jew.
• CAA also not favoring any one or two religions for granting citizenship. It allows 6 religious minorities, that are prosecuted based on the religion in the neighboring countries.
• Secularism doesn’t prohibit state to take action for religion or action based on religious grounds. It prohibits favouring one religion against others. The CAA is considering the issue of many religions impartially.
• CAA is considering the issue of the religious minority of India and neighborhood.
• CAA is as per the spirit of the Nehru-Liaquat pact, 1950, which sought to provide certain safeguards and rights to religious minorities.
• This act would differentiate between illegal immigrants and persecuted communities seeking refuge. E.g., during the 6- year long agitation that started in 1979 in Assam, the protestors demanded the identification and deportation of all illegal foreigners – predominantly Bangladeshi immigrants.

Although, Act has several secular provisions. But several provisions the Act seems to go against the secular spirit:

• Act discriminates among countries and the religious minorities. Like it does not include Tamil Eelams of the Sri Lanka with Buddhism as state religion and Myanmar’s prosecution to Rohingya Muslims and primacy to Buddhist.
• The amendment has no mention of ‘persecuted minorities’ or ‘religious persecution.’ And exclusion of Muslims, Jews and Atheists from CAA is said to be violation of Article 14 of the constitution.

Conclusion

• Indian democracy is based on the concept of welfare and secular state and a progressive constitution where Article 21 provides the Right of a dignified life. So, it becomes a moral obligation of the state to allay the fears of minority communities, if any.
  • Hence, the classification done in CAA on the basis of country of origin and religious minorities can be made more inclusive.
• Moreover, India should enact a refugee law wherein the right to live a life without fear or confinement can be protected.