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What is Citizenship Amendment Bill 2019? : Important Topics For UPSC Exams

What is Citizenship Amendment Bill (CAB) 2019? : Important Topics For UPSC Exams

What is Citizenship Amendment Bill (CAB) 2019?

The Citizenship (Amendment) Act 2019 deals with the granting of Indian citizenship to oppressed religious minorities in Bangladesh, Pakistan and Afghanistan. Hindus, Sikhs, Jains, Buddhists and Parsis have been subjected to physical and mental harassment in these countries for the past several decades. Therefore, followers of these religions have been displaced and come to India from time to time. Technically, they do not have any concrete documents to acquire citizenship of India. Therefore, he has remained deprived of the facilities available to an Indian citizen.
The Citizenship (Amendment) Bill, 2019 was approved by President Shri Ram Nath Kovind on 12 December. With this, now this act has been made. The Bill was approved by the Lok Sabha on 9 December and the Rajya Sabha on 11 December.
The Citizenship (Amendment) Act, 2019 provides for making people of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have come to India due to religious persecution from Afghanistan, Bangladesh and Pakistan become Indian citizens.
Its objectives and reasons stated that such refugees who have entered India by the decisive date of 31 December 2014, need a special legislative system for their citizenship related subjects. The Act said that the migrants from Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities should not be denied application for Indian citizenship.
It states that if such a person fulfills all the conditions of granting citizenship, then the competent authority to be determined under the Act, while considering the application of such persons under Section 5 or Section 6 of the Act Will not consider their situation as 'illegal migrant' or subject to their citizenship.
Before the Citizenship (Amendment) Act, 2019, many persons of Indian origin including persons belonging to the said minority communities of Afghanistan, Bangladesh, Pakistan applied for citizenship under Section 5 of the Citizenship Act 1955. But if he was unable to provide proof of his Indian origin, he was asked to apply for citizenship by "naturalization" under section 6 of the said Act. This deprived them of many opportunities and benefits.
By amending the Third Schedule of the Citizenship Act 1955, applicants from the above communities of these countries have been made eligible for citizenship by "naturalization". For this, such people will have to certify their period of residence for five years instead of the existing 11 years.
The Citizenship (Amendment) Act, 2019 currently provides for the opportunity for cardholders of India to be heard before they cancel their card.
Protection of the constitutional guarantee provided to the local population of the North Eastern States falling under the Sixth Schedule of the Constitution in the Citizenship Amendment Act, 2019 and to the areas under the "Internal Line System" of the Bengal Eastern Frontier Regulations 1973. The legal protection granted has been retained.
It has also been arranged that any legal action already taken against them for their displacement or illegal residence in the country will not affect their eligibility for permanent citizenship.
The center has the right to cancel the card if the OCI card holders violate the conditions, but they will also be heard.

Purpose of the bill

Minorities from Pakistan, Bangladesh and Afghanistan also have the right to live. In these three countries, there has been a significant decrease in the population of minorities, they have either been killed, forcibly converted or they came to India as refugees.
The purpose of this bill is to protect such people who are tortured on the basis of religion from three countries.
It is for those certain classes who are not being favored in these three countries to follow their religion, they are being persecuted.
There is a provision to give citizenship only to the minorities of those three countries.

Provision in the bill

If the victims of religious persecution register themselves by adopting the above conditions and restrictions as prescribed by the migrant, then they will be able to get citizenship of India.
If such expatriates obtain citizenship after fulfilling the conditions of Section 5 or Third Schedule of the Citizenship Act, 1955, they will be granted citizenship from the date on which they have arrived in India.
If any case is going on against such minority migrant about illegal migration or citizenship, intrusion or citizenship, then that case will be terminated there by special provision of this bill.
If the applicant is taking any kind of right or privilege, then that right and privilege will not be denied under this provision.
Some refugees who have come to many places, they have bought a small shop, they are doing their work. In the eyes of the law, it may be illegal, illegal. But this bill protects them that whatever they have done during their time in India, it will regularize this bill. Will not deprive him of that status anywhere.

Bill will not be applicable in North East states

There are also provisions for the protection of those who are the states of the Northeast, to preserve their rights, their language, their culture and their social identity.
This bill will not apply to tribal areas.
Taking forward the protection given in all the states of North-East, Assam, Meghalaya, Mizoram, Tripura and now entire Manipur have also been notified in the Sixth Schedule.
Similarly, under the Bengal Eastern Frontier Regulation Act, 1973, these provisions will not be applicable in the entire area of Inner Line Permit, entire Mizoram, Arunachal Pradesh, most of Nagaland and Manipur.

Conclusion

By not narrowly interpreting Article 14 as the opposition parties, it is broadened and need to be seen in real terms.
A decision of the Supreme Court as per Article 14 the right to equality is very broad. The Supreme Court has repeatedly said that equal protection means equal similar behavior in circumstances. Citizenship Amendment Bill 2019 extremely. Has been brought on humanitarian grounds. Six tortured minority communities have. There is no other option but to leave our country and take refuge in India was.
India has a long history that it always gives shelter to oppressed people has given. Whether it is about giving shelter to Paresis or recently to provide shelter to the people of Tibet community. India always has its arm has spread and welcomed the oppressed minorities in other countries.
It is worth noting that the amended law is not only for the Hindu community But also for other minorities like Sikh, Buddhist, Jain, Zoroastrian and Christians.

UPSC Preliminary exam questions

q. 1. Which of the following statements about the Citizenship (Amendment) Act 2019 is true?

1. This legislator became an Act on 14 December with the approval of Shri Ram Nath Kovind.
2. The Citizenship (Amendment) Act 2019 provides for making the citizenship of Hindus, Sikhs, Buddhists, Janis, Parsis and Christians and Muslims from Afghanistan, Bangladesh and Pakistan to become Indian citizenship.
3. It has entered India by the decisive date of 31 December 2014 as per the Act; they need a special legislative system for their citizenship related subjects.

a. 1 and 2
b. 1 and 3
c. 1, 2 and 3
d. Only 3

UPSC Mains exam questions

1. What is the Citizenship Amendment Bill and what is the political, constitutional and legal background for the Indian citizenship norm?
2. What amendments have been made in the Citizenship Act of 1955 in the Citizenship Act of 2019? And there is a constitutional challenge before the law and how to define it.