The Citizenship (Amendment) Bill 2019, which seeks to grant Indian Citizenship to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities on ground of religious persecution in Pakistan, Afghanistan and Bangladesh, has been passed by both the houses of the Parliament. Rajya Sabha passed it Wednesday, while it was passed in the Lok Sabha on 9th December. Union Minister for Home Affairs, Amit Shah while introducing the Bill in Rajya Sabha, said that the Citizenship (Amendment) Bill 2019, will give a new ray of hope to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have migrated to India after facing persecution on the grounds of religion in Pakistan, Afghanistan and Bangladesh.
Shah reiterated that the Bill is
not against any Minority in India and the rights of each Indian Citizen will be
equally protected. He said that Narendra Modi government is committed to
protect rights of each citizen of the country. The only religion that Modi
government follows is the Constitution of India. He added, “We are not here
only to run the government but to solve the genuine problems of the common
man”.
Replying to the debate, Shah said
that the Bill is aimed at giving a dignified life to these people who had
suffered religious persecution for decades by granting Indian Citizenship to
them, if they fulfil conditions for grant of citizenship. The Home Minister
said that grant of citizenship will be from the date and year of the entry into
India and all the cases and legal proceedings against them would be closed,
besides protecting their business and trade interests on an equal footing.
Home Minister said that while no
where does this bill target India’s minority community, no illegal immigrants
would be allowed to stay in the country at any cost. He also underlined that
population of minorities in the Islamic States of Pakistan and Bangladesh had
reduced considerably over the years, as they were either killed or forced to
change their religion, and thus were forced to flee to India. He said that
partition of India on religious lines and subsequent failure of the Nehru-Liaqat
pact of 1950 in protecting the rights and dignity of the minorities in Pakistan
and Bangladesh are the reasons for bringing this Bill. He added, “Had this bill
come 50 years ago, this situation would not have arisen. The biggest mistake in
history was partition of India on religious lines. The CAB was in our manifesto
and the people gave us a resounding mandate in 2019, thus it is the solemn
resolve of this Government to fulfil its commitment”.
Responding to the questions on
why only three countries were considered and why Muslims were not included in
this bill, Shah said that at different points of time in the past, citizenship
had been given to refugees coming from countries like Uganda, Sri Lanka. Then,
refugees coming from Pakistan, Bangladesh and Afghanistan were not considered.
He stated that the process of awarding citizenship to refugees has been
undertaken by different governments in the past on case to case basis from time
to time, on reasonable qualifications to Article 14. This time the case of
refugees fleeing religious persecution from these three countries has been
considered through this Bill, which is not unconstitutional. He also informed
that more than 560 muslims from these three countries have been granted
citizenship in the last 5 years. Further, he added that the previous UPA
government granted citizenship to 13000 Hindus and Sikhs only but Modi
government is giving citizenship rights to 6 persecuted minorities, including
Hindus and Sikhs.
Shah said that there is no
political agenda behind this bill, as the government is only concentrating on
ending the sufferings of lakhs of persecuted refugees fleeing these three
countries. The government had brought this bill in 2015 also but could not get
it passed. Hence, it is clear the bill has never been brought by the government
with any intention of gaining political mileage in an upcoming election.
Neither is the definition of secularism narrow, the Modi Government sees this
issue holistically. All the minority communities being persecuted on religious
lines in these countries have been included. Muslims are not included as they
do not face religious persecution in these Islamic countries. He reiterated
that Indian citizens of Muslim community do not need to fear anything, as this
bill would not affect their citizenship in any way. He requested the opposition
not to do politics on this issue and divide people on communal lines. “This
Bill aims at granting rather than taking away someone’s citizenship”, he
stressed.
Allaying the apprehensions of the
people of North-Eastern regions, Home Minister said that the linguistic,
cultural and social identity of the people of the region would be preserved and
this Bill contains the solution to the problems of the people of these States,
as amendments have been incorporated after marathon deliberations with various
stakeholders from North East for last one month. He also assured the people of
Sikkim that the Bill would not affect their rights in any way. The issue should
be seen as a humanitarian one, beyond political ideologies, he added.
Shah said that the provisions of
the amendments to the Act would not apply 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. Shri Shah informed that Manipur has been brought
under the Inner Line Permit (ILP) regime through a Gazette Notification today.
The Bill also seeks to amend the Third Schedule to the Act to make applicants
belonging to the said communities from the aforesaid countries eligible for
citizenship by naturalisation if they can establish their residency in India
for five years instead of the existing eleven years.
Assuring the people of Assam that
their linguistic, cultural and social identity would be preserved, the Home
Minister lamented that a Committee under Clause 6 of the Assam Accord (1985)
was not constituted for over three decades till Narendra Modi Government came
at the centre. Reiterating the Government’s commitment to protect and preserve
the rights of the indigenous people, Shri Shah urged the Committee to submit
its report at the earliest to the Central Government for effective steps to be
taken to fulfil provisions of the Accord.
The Home Minister said that this
Bill contains provisions to grant Citizenship on reasonable grounds to refugees
facing religious persecution in the above three countries, which in no way go
against any provision under the Constitution of India and does not violate
Article 14. He also reassured that no provision of Article 371 would be
violated by this Bill.
Talking about another amendment
to the Act, Shah informed that the Bill seeks to amend section 7D so as to
empower the Central Government to cancel registration as Overseas Citizen of
India Cardholder, after providing a reasonable opportunity of being heard, in
case of violation of any provisions of the Citizenship Act or any other law for
the time being in force.