Legal ABC
Brief Intro To Citizenship Amendment Bill 2019
The Citizenship Amendment Bill 2019 or CAB 2019 has been passed by the Lok Sabha on 9 December 2019. The purpose of this bill is to give citizenship of India to refugees from 6 communities (Hindu, Christian, Sikh, Jain, Buddhist, and Parsi) from Pakistan, Bangladesh, and Afghanistan. Many political parties are opposing this because the Muslim community is not included in these 6 communities.
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What is the Citizenship Amendment Bill 2019?
Actually, the Citizenship Amendment Bill is a bill that talks about giving citizenship of India to illegal refugees from 6 communities coming from Pakistan, Bangladesh, and Afghanistan. In these 6 communities ((Hindu, Buddhist, Sikh, Christian, Jain, and Zoroastrian), Muslims coming from these countries will not be given this citizenship and this is the root of its opposition in India.
What does the Citizenship Amendment Bill 1955 say? (Citizenship Amendment Bill 1955)
Citizenship Act, 1955; Describes 5 conditions for obtaining citizenship of India, such as birth, hereditary, registration, natural and region based on inclusion. This act has been amended 7 times.
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The Citizenship Amendment Bill 1955 made it mandatory for a person to stay in India for at least 11 years to acquire citizenship naturally, which was later reduced to 6 years, but in the Citizenship (Amendment) Bill 2019, this period was reduced to 5 years Has been done.
Key features of Citizenship Amendment Bill 2019
1. A person can be given an OCI card under the Citizenship Act 1955 if he is of Indian origin (eg, a former citizen of India or their descendants or spouse of a person of Indian origin). Now the Act of 2019 gives the OCI card the facility to travel in India, work in the country and study.
2. The Citizenship Act 2016 provided that an OCI card holder’s card could be canceled for these 5 reasons; He Fraudulently obtaining registration, showing disinterest in the Constitution, fostering friendship with the enemy during war, playing with India’s sovereignty, protection of the state or public interest, or two years within 5 years of receipt of the OCI card or Sentenced to more imprisonment.
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Now the Citizenship Amendment Act, 2019 will make changes in this act and in this provision has been added that if any OCI cardholder violates any law made by the Government of India, then his OCI card can be canceled.
3. The Citizenship Amendment Act, 2019 states that on obtaining citizenship of India;
(i) Illegal migrants will be treated as citizens of India from the date of entry (before December 31, 2014),
(ii) All legal proceedings against them in relation to their illegal stay will be closed.
However, the provisions on citizenship for illegal migrants in the tribal areas of Assam, Meghalaya, Mizoram, or Tripura will not apply.
4. The Citizenship Amendment Act, 2016 provided that these individuals (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan) stay in India for at least 6 years to obtain citizenship by naturalization. Should, but the new bill will reduce this period to 5 years, that is, they will become citizens of India only after 5 years of living in India.
So these were some provisions of the Citizenship Amendment Act, 2019 which gives citizenship of India to people from 6 communities of 3 countries.
However, some people are arguing that this amendment is a violation of Article 14 of the Constitution as it opposes discrimination on the basis of caste, religion, sex, place, etc. with anyone. Hopefully, the government will take the right decision after listening to all the parties.
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