The Citizenship Amendment Act, 2019 was introduced and passed
by Lok Sabha on Dec 09, 2019 and by Rajya Sabha on Dec 11, 2019. It amended the
Citizenship Act of 1955* by providing a path to Indian citizenship for illegal
migrants of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious
minorities, who had fled persecution from Pakistan, Bangladesh and Afghanistan
before December 2014. It exempts certain areas in the North-East from this
provision. In 2016, a Bill was introduced to amend the Citizenship Act, 1955. The
Citizenship Act was amended in 1992, 2003, 2005 and 2015. In December 2003, the
National Democratic Alliance (NDA) government, led by Bharatiya Janata Party
(BJP), passed the Citizenship Amendment Act, 2003 with far-reaching revisions
of the Citizenship Act. The amendment also mandated the Government of India (GoI)
to create and maintain a National Register of Citizens (NRC). The bill was
passed in Lok Sabha with 311 MPs voting in favor and 80 against the bill
whereas it was passed in Rajya Sabha with 125 votes in favor and 105 votes
against it. The National Register of Citizens (NRC) is a registry of all legal
citizens, whose construction and maintenance was mandated by the 2003 amendment
of the Citizenship Act. Currently it is implemented only in Assam, but is
expected to be implemented for the whole of India by September 2020.
The BJP restated its commitment to amend the Citizenship Act
in its 2019 election campaign. After the elections, the BJP government drafted
a bill addressing the concerns of northeastern states. It excluded Arunachal
Pradesh, Mizoram, Nagaland, Tripura, Meghalaya and Manipur, except for non-tribal
cities exempted under pre-existing regulations. It also excluded some tribal
areas of Assam.
Exclusion of Communities:
·
Muslims from Pakistan, Bangladesh and
Afghanistan are not offered eligibility for citizenship under the new Act.
·
The Act does not mention the Hindu refugees from
Sri Lanka.
·
The Act does not provide relief to Tibetan
Buddhist refugees, as they remain refugees and do not have the right to acquire
Indian nationality.
·
The Act does not address Rohingya Muslim
refugees from Myanmar. The Indian government has already been deporting
Rohingya refugees back to Myanmar.
*The Citizenship Act, 1955 regulates who may acquire Indian
citizenship and on what grounds.
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