Controversial Citizenship Amendment Act 2019 Finally Notified: A Closer Look at the Provisions and Concerns

 

The Union Ministry of Home Affairs has officially notified the controversial Citizenship Amendment Act 2019 on March 11, 2024, bringing the long-debated law into effect across the country. The Citizenship (Amendment) Bill 2019, aimed at amending the Citizenship Act of 1955, was passed by the Parliament on December 11, 2019, and received the assent of President Ram Nath Kovind on December 12, 2019. However, its enforcement had been delayed until now.

Provisions of the Citizenship Amendment Act 2019 

The Citizenship Amendment Act 2019 focuses on providing Indian citizenship to illegal foreign migrants belonging to six specific religious communities – Hindu, Sikh, Buddhist, Jain, Parsi, and Christian – from Afghanistan, Bangladesh, and Pakistan. The eligibility criteria include those who have sought refuge in India due to religious persecution in these countries or those fearing such persecution. However, only refugees who entered India on or before December 31, 2014, are deemed eligible for citizenship.

Upon acquiring Indian citizenship, these migrants will retroactively be considered Indian citizens from the date of their entry into the country, leading to the closure of all legal proceedings related to their status as illegal migrants or their citizenship. 

The Citizenship Amendment Act eases the naturalization process, reducing the required period of residence in India for a foreign citizen to apply for Indian citizenship from 11 years to 5 years. 

Areas Exempted from the Act

The provisions of the Act exclude the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, as specified in the Sixth Schedule of the constitution. Additionally, it does not apply to regions covered by 'The Inner Line Permit,' including the states of Arunachal Pradesh, Nagaland, Mizoram, and Manipur. 

Controversies Surrounding the Citizenship Amendment Act

The Citizenship Amendment Act 2019 has been a subject of intense debate and contention in India. Notably, it marks the first time in the country's history that citizenship is granted based on religion. Critics argue that this move goes against the secular character of India, emphasizing that it discriminates against Muslims. 

Furthermore, the law is perceived by some as a political tool employed by the Bharatiya Janata Party (BJP) to polarize the nation, especially in the lead-up to the 2024 general elections. The religious basis for citizenship has sparked concerns about the potential erosion of India's longstanding commitment to secularism.

Citizenship Law in India 

Article 11 of the Indian Constitution grants Parliament the authority to enact laws related to citizenship. Utilizing this power, the Parliament passed the Citizenship Act in 1955, which outlines provisions governing the acquisition and termination of Indian citizenship.

As the Citizenship Amendment Act 2019 takes effect nationwide, it remains a contentious issue, drawing attention to the delicate balance between religious considerations and the principles of a secular and inclusive democracy. The coming months will likely see continued debate and scrutiny over the implications and implementation of this controversial law.