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Citizenship Amendment Act,2019

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Citizenship Amendment Act,2019

Why in news:

  • The Union government is all set to ease grant of citizenship to members of six minority communities from Pakistan, Afghanistan and Bangladesh whose passports and visas have ceased to be valid during their stay in India.
  • Currently the Ministry accepts expired passports as supporting documents only for those Hindu and Sikh applicants from Pakistan and Afghanistan who entered India before December 31, 2009.

About Citizenship Amendment Act, 2019:

  • It was enacted with the intent of providing citizenship to the six religious communities from three neighbouring countries of India.
  • The act Provides that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from the countries of Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 shall not be treated as illegal migrant.
  • It exempts the above persons from the penal action under the Passport (Entry into India) Act, 1920 and also Foreigners Act, 1946.
  • The act aims to provide the citizenship to the above communities by reducing their required period of stay in India.
  • The act provides that the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan needs to stay in India for a period not less than five years to apply for citizenship.
  • Previously, the time period required was 11 years.
  • The act also has the provision which says that the act is not applicable to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under “The Inner Line” notified under the Bengal Eastern Frontier Regulation, 1873.’

Issues with the CAA :

  • Negates the article 14: The fundamental right under article 14 does not allow the state to discriminate on the lines of religion.
  • Not inclusive in nature: The act does not include other persecuted communities like Tamils in Sri Lanka and Rohingyas in Myanmar.
  • Against the principle of secularism: The act appears that first time India is crossing the principle of secularism. There are widespread protests to negate the act.

  • Against Assam Accord,1985 : Under the Assam accord the illegal migrants from the Bangladesh would be deported back irrespective of the religion if they have entered after 25th March,1971.

Syllabus: Prelims + Mains; GS2 – Indian Polity and Governance

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