Citizenship (Amendment) Act, 2019: Difference between revisions

Citizenship (Amendment) Act, 2019
Citizenship (Amendment) Act, 2019
Parliament of India
	Long title An Act further to amend the Citizenship Act, 1955. ;
Citation	Act No. 47 of 2019
Passed by	Lok Sabha
Passed	10 December 2019
Passed by	Rajya Sabha
Passed	11 December 2019
Assented to	12 December 2019
Signed by	Ram Nath Kovind; President of India
Signed	12 December 2019
Effective	Not yet; to be notified by the government on a date chosen by it.
Legislative history
First chamber: Lok Sabha
Bill title	Citizenship (Amendment) Bill, 2019
Bill citation	Bill No. 370 of 2019
Introduced by	Amit Shah ; Minister of Home Affairs
Introduced	9 December 2019; 4 years ago
First reading	9 December 2019
Second reading	10 December 2019
Third reading	11 December 2019
Amends
	Citizenship Act, 1955
	Status: In force

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Revision as of 23:59, 25 December 2019

The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act of 1955 by providing a path to Indian citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities fleeing persecution from Pakistan, Bangladesh and Afghanistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder ^[2] Muslims were not given such eligibility.^[3]^[4] The Modi government says the law is a humanitarian measure aimed at helping persecuted religious minorities from three neighboring countries who have entered India. Such communities have faced hardship and, at times, violence in Pakistan, Afghanistan and Bangladesh — all Muslim-majority nations — and the government says India has a moral responsibility to help them.^[5]. Manmohan Singh, from opposition party - Congress and previous Prime Minister of India, had also given similar in Rajya Sabha in 2003 ^[6]

The Hindu nationalist Bharatiya Janata Party (BJP), which leads the Indian government, had promised in previous election manifestos to offer Indian citizenship to persecuted religious minorities from neighboring countries.^[7]^[8] Under the 2019 amendment, migrants who had entered India by 31 December 2014, and had suffered "religious persecution or fear of religious persecution" in their country of origin were made eligible for citizenship.^[2] The amendment also relaxed the residence requirement for naturalization of these migrants from eleven years to five.^[9] Immediate beneficiaries of the Bill, according to the Intelligence Bureau of India, will be 31,313 refugees: 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.^[10]

Critics have said the amendment to be discriminating on the basis of religion, in particular for excluding Muslims.^[3]^[4] The Office of the United Nations High Commissioner for Human Rights called it "fundamentally discriminatory", adding that while India's "goal of protecting persecuted groups is welcome", this should be accomplished through a non-discriminatory "robust national asylum system".^[11] Critics express concerns that the bill would be used, along with the National Register of Citizens, to render Muslim immigrants stateless. Commentators also question the exclusion of persecuted religious minorities from other regions such as Tibet, Sri Lanka and Myanmar.^[12]^[13] The Indian government says that Pakistan, Afghanistan and Bangladesh are Muslim-majority countries where Islam has been declared as the official state religion through constitutional amendments in recent decades, and therefore Muslims in these Islamic countries are "unlikely to face religious persecution" and cannot be "treated as persecuted minorities".^[8]^[14] Critics describe Muslim minorities in these countries, such as Hazaras and Ahmadis, as also facing persecution.1955".^[15]^[16]^[17] The counter given to this is that "CAA has not stopped any foreigners of any country from applying for Indian Citizenship under The Citizenship Act, 1955. Baluchis, Ahmediyas & Rohingayas can always apply to become Indian citizens as and when they fulfill the qualifications provided in the relevant sections of The Citizenship Act, 1955". Government of India has released two FAQ lists on this issue to clear objections.^[18] ^[19]

The passage of the legislation caused protests in India.^[20] Assam and other northeastern states have seen violent demonstrations against the bill over fears that granting Indian citizenship to refugees and immigrants will cause a loss of their "political rights, culture and land rights" and motivate further migration from Bangladesh.^[21]^[22]^[23] In other parts of India, protestors said the bill discriminated against Muslims and demanded that Indian citizenship be granted to Muslim refugees and immigrants.^[24] Major protests against the Act were held at universities in India. Students at Aligarh Muslim University and Jamia Millia Islamia alleged brutal suppression by the police.^[25] The protests have led to the death of several protesters, injuries to protesters and police personnel, damage to public and private property, the detention of thousands of people, and suspensions of local internet and communication infrastructure in certain areas.^[26]^[27] Some of the states have announced they will not implement the Act, however the Union Home Ministry said that states lack the legal power to stop the implementation of CAA. The Government has appealed to all to properly read the CAA act and not fall for trap and spread rumors ^[28]

Background

The Indian government passed the Citizenship Act in 1955. This act, and its subsequent amendments, prohibited illegal migrants from obtaining Indian citizenship. The act defined illegal immigrants as citizens of other countries who entered India without valid travel documents, or who remained in the country beyond the period permitted by their travel documents. The 1955 law provided provisions to deport or jail the illegal immigrants.^[29]

India is not a signatory to either the 1951 UN Refugee Convention or the 1967 Protocol.^[30]^[31] It does not have a national policy on refugees. All refugees are classed as "illegal migrants". While India has been willing to host refugees, its traditional position formulated by Jawaharlal Nehru is that such refugees must return to their home countries after the situation returns to normal.^[32]^[33] According to the US Committee for Refugees and Immigrants, India hosts refugees in excess of 456,000,^[34] with about 200,000 from "non-neighbouring" countries hosted via the UNHCR.^[32]^[35]^[a]

India also has a very large problem of illegral immigration, especially from Bangladesh. The Task Force on Border Mangaement quoted the figure of 15 million illegal migrants in 2001. In 2004, the United Progressive Alliance (UPA) government told the Parliament that there wer 12 million illegal Bangladeshi migrants in India.^[37] The reasons for the scale of migration include a porous border, historical migration patterns, economic reasons, and cultural and linguistic ties.^[38]

The "detection, deletion and deportation" of illigal migrants has been on the agenda of the Hindu nationalist Bharatiya Janata Party (BJP) since 1996.^[39] In the 2016 Assam Legislative Assembly election, the BJP leaders campaigned in the state promising voters that they would rid Assam of Bangladeshis. Simultaneously, they also promised to protect Hindus who had fled religous persecution in Bangladesh.^[40] In its manifesto for the 2019 Indian general elections, which it won, the BJP promised to offer Indian citizenship to "persecuted religious minorities from neighboring countries".^[7]^[8] Prior to these elections, in 2015, the government legalised such refugees, granting them long-term visas. They also announced that Bangladeshi and Pakistani nationals belonging to "minority communities" would be exempted from the requirements of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.^[41] Specifically mentioned were "Hindus, Sikhs, Christians, Jains, Parsis and Buddhists," who had been "compelled to seek shelter in India due to religious persecution or fear of religious persecution". Eligibility for the exemption was made contingent on a migrant having arrived in India by 31 December 2014.^[42]

National Register of Citizens

In its FAQs, Government of India has clarified that NRC is not part of CAA. It has said that "CAA is a separate law and NRC is a separate process. The CAA has come into force nationwide after its passage from Parliament, while the NRC rules and procedures for the country are yet to be decided." "The NRC process that is going on in Assam has been implemented by the Honourable Supreme Court and mandated by the Assam Accord." The BJP government completed an effort that began in 2004, under the supervision of the Supreme Court of India since 2013, to update the National Register of Citizens (NRC) in the state of Assam.^[43]^[44] This was mandated under prior peace agreements in northeast, in particular the Assam Accord signed in the presence of the former Prime Minister Rajiv Gandhi.^[45]^[43] The updated register was made public in August 2019; approximately 1.9 million residents were not on the list, and were in danger of losing their citizenship.^[44] Many of those affected were Bengali Hindus, who constitute a major voter base for the BJP. The register was created because "illegal migration from Bangladesh has long been a concern" in Assam. The Amendment of the 1955 Citizenship Act, in part, helps protect non-Muslims who are not in the register and face arrest or deportation.^[46]

On 19 November 2019, Home Minister Amit Shah, declared in the Rajya Sabha of the Indian parliament that the National Register of Citizens will be implemented throughout the country.^[47] Prime Minister Narendra Modi however while addressing a gathering on 22 December 2019 said, "there has been no discussion on NRC anywhere... we only had to implement it in Assam to follow Supreme Court directives."^[48]

Refugee and naturalization laws in India

According to the Indian government, Sections 5 and 6 of its existing Citizenship Act offer a "legal process of acquiring Indian citizenship by any foreigner of any category" without limit on numbers or religion.^[49]^[50] Under these provisions, hundreds of Muslims have applied and been granted Indian citizenship in the "last few years", according to the Indian Ministry of Home Affairs as quoted by the Times of India.^[49] According to Shuvro Sarker, since the 1950s and particularly since the 1990s, the Indian governments under various political parties have studied and drafted laws for the naturalization of refugees and asylum seekers. These drafts have struggled with issues relating to a mass influx of refugees, urban planning, cost of basic services, the obligations to protected tribes, the impact on pre-existing regional poverty levels within India.^[51]

Commentators state that the Citizenship Act is necessary to provide "rights and reliefs" to human beings who have suffered sustained persecution because of their religious beliefs and minority status, and that it is consistent with India's long-held humanitarian values.^[52]^[53]

Legislative history

The BJP government introduced a bill to amend the citizenship law in 2016, which would have made non-Muslim migrants from Pakistan, Afghanistan, and Bangladesh eligible for Indian citizenship.^[54]^[55] Although this bill was passed by the Lok Sabha, or lower house of Indian parliament, it stalled in the Rajya Sabha, following widespread political opposition and protests in northeast India that did not want any migrants from Bangladesh. Opponents of the bill in Assam and the northeastern states of India stated that any migration from Bangladesh "irrespective of religion" would cause "loss of political rights and culture of the indigenous people".^[55]^[56]

The BJP reiterated its commitment to amend the citizenship act in its 2019 election campaign. It stated that religious minorities such as Hindus and Sikhs are persecuted in neighboring Muslim-majority countries, and promised to fast track a path to citizenship for non-Muslim refugees.^[57]^[58] After the elections, the BJP government drafted a bill that addressed the concerns of its 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 tribal areas of Assam.^[59] The Indian government, while proposing an Amendment, said, that its bill aims to grant quicker access to citizenship to those who have fled religious persecution in neighbouring countries and have taken refuge in India.^[14]^[60]^[3]

The Bill was introduced in Lok Sabha on 19 July 2016 as the Citizenship (Amendment) Bill, 2016. It was referred to the Joint Parliamentary Committee on 12 August 2016. The Committee submitted its report on 7 January 2019 to Parliament. The Bill was taken into consideration and passed by Lok Sabha on 8 January 2019. It was pending for consideration and passing by the Rajya Sabha. Consequent to dissolution of 16th Lok Sabha, this Bill has lapsed.^[61]

Subsequently after the formation of 17th Lok Sabha, the Union Cabinet cleared the Citizenship (Amendment) Bill, 2019, on 4 December 2019 for introduction in the parliament.^[55]^[62] The Bill was introduced in 17th Lok Sabha by the Minister of Home Affairs Amit Shah on 9 December 2019 and was passed on 10 December 2019,^[63] with 311 MPs voting in favour and 80 against the Bill.^[64]^[65]^[66]

The bill was subsequently passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it.^[67]^[68] Those voted in favour included BJP allies such as Janata Dal (United), AIADMK, Biju Janata Dal, TDP and YSR Congress Party.^[67]^[68]

After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act.^[69] The act will come into force on a date chosen by the Government of India, and will be notified as such.^[1]

The first hearing by the Supreme Court of India on 60 petitions challenging the Act was on 18 December 2019. During the first hearing, the court declined to stay implementation of the Citizenship (Amendment) Act, 2019. The court has set 22 January 2020 as the next date of hearing.^[70]

The Amendments

The Citizenship (Amendment) Act of 2019 amended the Citizenship Act, 1955, by inserting the following provisos in section 2, sub-section (1), after clause (b):^[1]

Provided that persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who have been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any order made thereunder, shall not be treated as illegal migrants for the purposes of that Act;^[1]

A new section, 6B, was inserted, providing further that:

on and from the date of commencement of the [Act], any person referred to in the first proviso shall be eligible to apply for naturalisation and any proceeding pending against such person in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him.^[1]

The "exempted" classes of persons were previously defined in the Foreigners (Amendment) Order, 2015, (issued under the Foreigners Act, 1946):^[42]

3A. Exemption of certain class of foreigners. – (1) Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2014
(a) without valid documents including passport or other travel documents and who have been exempted under rule 4 from the provisions of rule 3 of the Passport (Entry into India) Rules, 1950 [...]; or

(b) with valid documents including passport or other travel document and the validity of any of such documents has expired,

are hereby granted exemption from the application of provisions of the Foreigners Act, 1946, and the orders made thereunder in respect of their stay in India without such documents or after the expiry of those documents, as the case may be [...].^[42]

The Rules were further amended in 2016 by adding Afghanistan to the list of countries.^[71]

Analysis

The Bill amends the Citizenship Act of 1955 to give eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder. Manmohan Singh, from opposition party - Congress and previous Prime Minister of India, had also given similar in Rajya Sabha in 2003 ^[6]. But the opposition parties are opposing it after passing of the act. ^[72] According to Intelligence Bureau records, the immediate beneficiaries of the Amended Act will be 31,313 people: 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.^[10]^[73]

Under the Act, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years. The Bill relaxes this 11-year requirement to five years for persons belonging to the same six religions and three countries. The bill exempts the tribal areas of Assam, Meghalaya, and Tripura from its applicability. It also exempts the areas regulated through the Inner Line Permit, which include Arunachal Pradesh, Mizoram and Nagaland.^[74]^[75]^[76] The inclusion of Manipur in Inner Line Permit was also announced on 9 December 2019.^[59]

The Bill includes new provisions for cancellation of the registration of Overseas Citizenship of India (OCI) if there are any violations of the provisions of this Act or provisions of any other law of India. It also adds the opportunity for the OCI holder to be heard before the cancellation.^[1]^[55]

Non-Inclusion of Muslims

Muslims from Pakistan, Bangladesh and Afghanistan are not offered citizenship under the new Act.^[3]^[4]^[77] Critics have questioned the non-inclusion. The Amendment limits itself to the Muslim-majority neighbours of India and, secondly, takes no cognizance of the persecuted Muslims of those countries.^[36] According to The Economist, if the Indian government was concerned about religious persecution, it should have included Ahmadiyyas – a Muslim sect who have been "viciously hounded in Pakistan as heretics", and the Hazaras – another Muslim sect who have been murdered by the Taliban in Afghanistan. They should be treated as minorities.^[15]

The Indian government has stated that Pakistan, Afghanistan, and Bangladesh are Muslim-majority countries. They have modified their Constitutions in recent decades to declare Islam as their official state religion, and therefore Muslims in these Islamic countries are "unlikely to face religious persecution". The government states that Muslims cannot be "treated as persecuted minorities" in these Muslim-majority countries.^[14]^[8] It is true, states BBC, that Pakistan and Afghanistan's state religion is Islam, and that Bangladesh's top court ruled in 2016 that "Islam should remain its state religion". All these countries also "have constitutional provisions stating that non-Muslims have rights and are free to practise their faith"."In practice, non-Muslim minorities do face discrimination and persecution."^[14]

In its FAQs to objections, Government said "CAA has not stopped any foreigners of any country from applying for Indian Citizenship under The Citizenship Act, 1955. Baluchis, Ahmediyas & Rohingayas can always apply to become Indian citizens as and when they fulfill the qualifications provided in the relevant sections of The Citizenship Act, 1955."

According to Meenakshi Lekhi – a BJP parliamentarian and Supreme Court lawyer, the Ahmadiyyas are Muslims and the attacks on them in Pakistan are "sectarian, not religious" in nature. Prior to 1947, she says, the Ahmaddiyas chose to vote and go "en bloc with Pakistan, a nation created on the basis of religion" and many of the Pakistani Ahmaddiyas are a vocal critic of India. The new legislation can only accommodate religious persecution and not sectarian persecution. They, and members of any religion, can apply for citizenship in India using the other Articles of the 1955 law, states Lekhi.^[78]

Non-Inclusion of migrants from non-Muslim countries other than Pakistan, Afghanistan and Bangladesh

The Act does not include migrants from non-Muslim countries not fleeing from religious persecution to India. For example, the Act is silent about the Hindu refugees from Sri Lanka. The Sri Lankan Tamils were allowed to settle as refugees in Tamil Nadu in 1980s and 1990s due to systemic violence from the Sinhalese of Sri Lanka. They include 29,500 "hill country Tamils" (Malaiha).^[33]^[79]

The Act does not provide relief to Tibetan Buddhist refugees from China.^[12] They came to India in the 1950s and 1960s. Their status has been of refugees over the decades. According to a 1992 UNHCR report, the then Indian government stated that they remain refugees and do not have the right to acquire Indian nationality.^[80]

The Act does not include Rohingya Muslim refugees from Myanmar. The Government has said that "Baluchis, Ahmediyas & Rohingayas can always apply to become Indian citizens as and when they fulfill the qualifications provided in the relevant sections of The Citizenship Act, 1955." ^[19]

Reception

Protests

The passage of the Act triggered different types of protests and criticisms. In the eastern regions of India, protestors were against the naturalization of any and all refugees or migrants. They stated that any law that offers "prospect of citizenship will further encourage migration from Bangladesh".^[21] Decades of migration, these protestors said, had already caused a "loss of political rights and culture" as well as land rights of the native people. According to them, the new provisions of this Act are against prior agreements such as the Assam Accord.^[21]^[22] In other parts of India, political and student activists protested that the law "marginalizes Muslims, is prejudicial against Muslims" and sought that Muslim migrants and refugees should also be granted Indian citizenship per its secular foundations.^[23]

After the bill was cleared on 4 December 2019, violent protests erupted in Assam, especially in Guwahati, and other areas in the state.^[81] Demonstrations were held in Agartala – the capital of Tripura state.^[82] Six people have died and fifty people have been injured in the protests against the Act.^[83]^[84] Assamese women protestors said they "want peace, not Bangladeshi migrants" and the influx of refugees and migrants would harm their state, culture and communal harmony.^[22]

Internet access was restricted in Assam state. Curfew was declared in Assam and Tripura due to the protests. The royal family of Tripura filed a petition in the Supreme Court of India against the bill.^[85] The army was called in to as protestors defied those curfews. Railway services were suspended and some airlines started offering rescheduling or cancellation fee waivers in those areas.^[86] Officials reported that at least two people died after clashes with police in Guwahati, Assam.^[87]

Protests against the bill were held in several metropolitan cities across India, including Kolkata,^[88] Delhi,^[89]^[90] Mumbai,^[67] Bengaluru,^[91] Hyderabad,^[92] and Jaipur.^[89] Smaller rallies were also held in the southern states of Kerala and Karnataka.^[88]

BJP has claimed protests largely due to turn-around by Congress from its earlier stand on this issue to gain political mileage.^[93]^[6]

In Muslim-dominated parts of Delhi – India's capital, violent protests erupted, with a spokesperson Chaudhary Mateen Ahmad stating that people are protesting because "it discriminates against the Muslims". The protestors demanded that the law should grant Indian citizenship to Muslim immigrants and refugees too.^[24] On 15 December, police forcefully entered the campus of Jamia Millia Islamia university, where protests were being held, and detained the students. Police used batons and tear gas on the students. More than a hundred students were injured and an equal number were detained. The police action was widely criticized, and resulted in protests across the country.^[94]^[95]^[96]

On 16 December, after the protests entered the fifth day, Prime Minister Narendra Modi appealed for calm in a series of tweets saying "No Indian has anything to worry regarding this act. This act is only for those who have faced years of persecution outside and have no other place to go except India".^[84]^[97]

On 19 December, police banned protests in several parts of India with the imposition of section 144 which prohibits the gathering of more than 4 individuals in a public space as being unlawful, namely, parts of the capital Delhi, Uttar Pradesh, and Karnataka, including Bangalore. Police in Chennai denied permission for marches, rallies or any other demonstration.^[98]^[99] Internet services were shutdown in several parts of Delhi. As a result of defining the ban, thousands of protesters were detained, including several opposition leaders and activists such as Ramachandra Guha, Sitaram Yechury, Yogendra Yadav, Umar Khalid, Sandeep Dikshit, Tehseen Poonawalla and D Raja.^[100]^[101]^[102]

Prime Minister said on 23 December 2019 that Muslims who are son of soil meaning Indian Muslims need not fear CAA as it is not going to affect any Indian.^[103]

Support

Rallies in support of the Amendment Act were led by BJP leaders in West Bengal, who alleged that the state government blocked them. They also accused the Chief Minister Mamata Banerjee's party members of misinforming the state's residents about the new law.^[104] Similarly, some 15,000 people joined a BJP-organized rally in support of the Act in Rajasthan.^[105] On 20 December 2019, scores of people held demonstrations in Central Park, Connaught Place, New Delhi in support of the Act.^[106]^[107] Hundreds on people gathered in Pune, forming a human chain, in support of CAA, on 22 December.^[108]^[109]

Student groups such as those from the Akhil Bharatiya Vidyarthi Parishad – a student wing of the Hindu nationalist Rashtriya Swayamsevak Sangh, held rallies in support of the amended Citizenship Act.^[110]^[111]

The National Sikh Front – a group representing the Sikhs in Jammu and Kashmir, stated that it supports the Act because it will help the Sikh refugees in India who left Afghanistan.^[112]

On 21 December, 1100 academics and intellectuals issued a joint statement supporting the Act. It says, the Amendment "fulfills the long-standing demand of providing refuge to persecuted religious minorities from Pakistan, Bangladesh and Afghanistan" by "political parties like the Congress, CPI-M, cutting across the ideological spectrum". It adds that the Amended Act "stands up for forgotten minorities and upholding the civilizational ethos of India".^[113]

Refugees

Hindu refugee families in Assam, living since the 1960s in a refugee camp and who had been denied Indian citizenship so far, said that the Amendment had "kindled hope" at first. They added that the recent protests against the Act and demands for its cancellation have made them fearful of the future.^[114]

In New Delhi, about 600 refugees from Pakistan living in a camp consisting of tiny shanties celebrated the new law by "distributing sweets, waving Indian flags, dancing and singing patriotic Indian songs".^[115]

A delegation of Sikh refugees who had arrived from Afghanistan three decades ago thanked the Indian government for amending the citizenship law. They stated the Amended law would allow them to finally gain Indian citizenship and "join the mainstream".^[116]

Some Rohingya Muslim refugees in India were not optimistic about the Amendment and feared they would be deported.^[117]^[118] Other Rohingya refugees expressed gratitude at having been allowed to stay in India, but did not make any comments specific to the Act lest they provoke a backlash. They said that local police had asked them not to protest against the Act.^[119]

Cancellations

No play was possible on the fourth day of the cricket match between Assam and Services in the 2019–20 Ranji Trophy because of the protests.^[120] The India-Japan summit in Guwahati, which was supposed to be attended by Shinzō Abe was also cancelled.^[121]^[122]

The UK, USA, France, Israel and Canada issued travel warnings for people visiting India's north-east region, telling their citizens to "exercise caution".^[88]^[123]^[124]

Implementation

Union Minister Mansukh Mandaviya gave citizenship certificates to seven refugees from Pakistan on 20 December 2019.^[125]

Chief Ministers of Indian states of Madhya Pradesh, Chhattisgarh, West Bengal, Punjab, Kerala and Rajasthan and union territory of Puducherry – all led by non-BJP governments – said they will not implement the law.^[126]^[127]^[88] The states of West Bengal and Kerala have also put a hold on all activities relating to the preparation and update of the National Population Register which is necessary for the Census as well as the implementation of the National Register of Citizens.^[128]

According to the Union Home Ministry, states lack the legal power to stop the implementation of CAA. The Ministry stated that "the new legislation has been enacted under the Union List of the 7th Schedule of the Constitution. The states have no power to reject it,".^[28]

Reactions

Domestic

The foreign intelligence agency of India, R&AW, had expressed concern while deposing in front of the joint parliamentary committee, and had stated that the bill could be used by agents of the foreign intelligence agencies to infiltrate legally into India.^[129] Harish Salve, former Solicitor General of India, said that the bill does not violate Article 14, Article 25 and Article 21 of the Constitution of India.^[130] He points out that Article 15 and Article 21 apply only to the entities which reside in India, not to those which want to enter India. Salve says that the bill doesn't violate secularism and describes it as a 'narrowly-tailored' provision that is designed to address a specific issue.^[131]

A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.^[132] A similar number of Indian academicians and intellectuals from numerous universities and institutions released a joint statement in support of the legislation.^[133]

The bill was opposed by the Indian National Congress, who said it would create communal tensions and polarize India.^[134] Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal.^[135]

The legislation has been criticised in India and abroad by commentators who claim that it violates the secular Constitution of India and its promise of equality under Article 14.^[29]^[136] According to Nitin Gadkari, the act was necessary because "India was the only country in the world for Hindus".^[137]

International

United Nations: The Office of the United Nations High Commissioner for Human Rights (OHCHR) criticized the Act and called it "fundamentally discriminatory in nature". It added, "Although India’s broader naturalization laws remain in place, these amendments will have a discriminatory effect on people’s access to nationality."^[138]

United States: The United States Commission on International Religious Freedom (USCIRF) called for sanctions^[139] against Amit Shah and "other principal leadership" over passage of the Bill.^[140] India's Ministry of External Affairs issued a statement in response, stating that the statement made by the USCIRF was "neither accurate nor warranted", and that neither the CAA nor the NRC sought to strip Indian citizens of citizenship.^[141]^[142]^[143] The United States House Committee on Foreign Affairs questioned the intent of the Bill and noted that "[a]ny religious test for citizenship undermines this most basic democratic tenet."^[144] On 19 December, however, the United States Secretary of State said that the US respects Indian democracy since it has a “robust” internal debate on the Citizenship Act.^[145]
Russia: Deputy Russian Ambassador to India, Roman Babuskhin, said that Russia considers the legislation an internal matter of India.^[146]

Pakistan: Pakistan Prime Minister Imran Khan criticized the Act.^[147] Pakistan's National Assembly passed a resolution labeling the Act as a “discriminatory law” and argued that it contravened "bilateral agreements and understandings between India and Pakistan, particularly those on security and rights of minorities in the respective countries".^[148]

Bangladesh: Bangladesh's Minister of Foreign Affairs, A. K. Abdul Momen said that Bill could weaken India's historic character as a secular nation and denied that minorities were facing religious persecution in his country.^[149]

Malaysia: The Prime Minister of Malaysia, Mahathir Mohamad, criticized the law and said it could "deprive some Muslims of their citizenship." India rejected the criticism and said the law does not "deprive any Indian of any faith of her or his citizenship."^[150]

Notes

^ Indian government statistics in 2014 show 289,394 "stateless persons" in India. The majority were from Bangladesh and Sri Lanka (about 100,000 each), followed by those from Tibet, Myanmar, Pakistan and Afghanistan.^[36]

References

^ ^a ^b ^c ^d ^e ^f "The Citizenship (Amendment) Act, 2019" (PDF). The Gazette of India. 12 December 2019. Retrieved 14 December 2019.
^ ^a ^b "THE CITIZENSHIP (AMENDMENT) ACT, 2019" (PDF). pib.gov.in. Retrieved 18 December 2019.{{cite web}}: CS1 maint: url-status (link)
^ ^a ^b ^c ^d Regan, Helen; Gupta, Swati; Khan, Omar. "India passes controversial citizenship bill that excludes Muslims". CNN. Retrieved 19 December 2019. The government, ruled by the Hindu nationalist Bharatiya Janata Party (BJP), said the bill seeks to protect religious minorities who fled persecution in their home countries.
^ ^a ^b ^c Gringlas, Sam. "India Passes Controversial Citizenship Bill That Would Exclude Muslims". NPR.org. Retrieved 19 December 2019.
^ Slater, Joanna (18 December 2019). "Why protests are erupting over India's new citizenship law". Washington Post. Retrieved 18 December 2019.
^ ^a ^b ^c "BJP digs up Manmohan speech seeking citizenship for persecuted refugees".{{cite web}}: CS1 maint: url-status (link)
^ ^a ^b Sankalpit Bharat Sashakt Bharat, BJP Sankalp Patra Lock Sabha 2019 (Manifesto, 2019)
^ ^a ^b ^c ^d Kaur Sandhu, Kamaljit; Singh, Mausami (9 December 2019). "Citizenship Amendment Bill has public endorsement, was part of manifesto: Amit Shah". India Today. Retrieved 19 December 2019. The Citizenship Amendment Bill [...] was required to give protection to people who are forced to live in pathetic human condition while rejecting the argument that a Muslim may suffer religious persecution in Bangladesh, Pakistan and Afghanistan saying that a Muslim is unlikely to face religious persecution in an Islamic country
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Bibliography

Gupta, Kanchan (2019), Beyond the poll rhetoric of BJP’s contentious Citizenship Amendment Bill, Observer Research Foundation
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External links

The Citizenship (Amendment) Act, 2019. The Gazette of India. (2019)
Report of Refugee Populations in India, Human Rights Law Network, November 2007.
Passport (Entry into India) Amendment Rules, 2015 and Foreigners (Amendment) Order, 2015, The Gazette of India No. 553, 8 September 2015.
Citizenship (Amendment) Bill as introduced in Lok Sabha, 2016, PRS Legislative Research, 2016.
Report of the Joint Parliament Committee, Lok Sabha Secretariat, 2019 (via PRS Legislative Research).
Citizenship (Amendment) Bill as introduced in Lok Sabha, 2019, via PRS Legislative Research, 2019.
Citizenship (Amendment) Bill as passed by the Lok Sabha, 2019, via PRS Legislative Research, 2019.

Template:Indian legislations

[37] Indian government statistics in 2014 show 289,394 "stateless persons" in India. The majority were from Bangladesh and Sri Lanka (about 100,000 each), followed by those from Tibet, Myanmar, Pakistan and Afghanistan.^[36]

[GazetteCAA12Dec-1] ^ ^a ^b ^c ^d ^e ^f "The Citizenship (Amendment) Act, 2019" (PDF). The Gazette of India. 12 December 2019. Retrieved 14 December 2019.

[PIBPassesBill-2] "THE CITIZENSHIP (AMENDMENT) ACT, 2019" (PDF). pib.gov.in. Retrieved 18 December 2019.{{cite web}}: CS1 maint: url-status (link)

[CNNExcludes-3] Regan, Helen; Gupta, Swati; Khan, Omar. "India passes controversial citizenship bill that excludes Muslims". CNN. Retrieved 19 December 2019. The government, ruled by the Hindu nationalist Bharatiya Janata Party (BJP), said the bill seeks to protect religious minorities who fled persecution in their home countries.

[NPRExcludes-4] Gringlas, Sam. "India Passes Controversial Citizenship Bill That Would Exclude Muslims". NPR.org. Retrieved 19 December 2019.

[SlaterWaPo-5] Slater, Joanna (18 December 2019). "Why protests are erupting over India's new citizenship law". Washington Post. Retrieved 18 December 2019.

[:0-6] "BJP digs up Manmohan speech seeking citizenship for persecuted refugees".{{cite web}}: CS1 maint: url-status (link)

[bjplsmanifesto-7] Sankalpit Bharat Sashakt Bharat, BJP Sankalp Patra Lock Sabha 2019 (Manifesto, 2019)

[ITEndorsement-8] Kaur Sandhu, Kamaljit; Singh, Mausami (9 December 2019). "Citizenship Amendment Bill has public endorsement, was part of manifesto: Amit Shah". India Today. Retrieved 19 December 2019. The Citizenship Amendment Bill [...] was required to give protection to people who are forced to live in pathetic human condition while rejecting the argument that a Muslim may suffer religious persecution in Bangladesh, Pakistan and Afghanistan saying that a Muslim is unlikely to face religious persecution in an Islamic country

[PRS_India-9] "The Citizenship (Amendment) Bill, 2019" (PDF). PRS India. Retrieved 11 December 2019.

[etbenefit-10] Tripathi, Rahul (23 December 2019). "Citizenship Amendment Act 2019: What it holds for India". The Economic Times. Retrieved 24 December 2019.

[11] Spokesperson for the UN High Commissioner for Human Rights, Jeremy Laurence, UNHCHR, Geneva (13 December 2019)

[WPCitizenship-12] Chaudhry, Suparna (13 December 2019). "India's new law may leave millions of Muslims without citizenship". Washington Post. Retrieved 18 December 2019.

[13] Gettleman, Jeffrey; Raj, Suhasini (11 December 2019). "Indian Parliament Passes Divisive Citizenship Bill, Moving It Closer to Law". New York Times. Retrieved 18 December 2019.

[BBCClaim-14] "Is India's claim about minorities true?". 12 December 2019. Retrieved 19 December 2019.; Quote: [The Indian government states:] "The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries."

[economist-15] "India's bill purporting to help refugees really seeks to hurt Muslims, India's bill purporting to help refugees really seeks to hurt Muslims". The Economist. ISSN 0013-0613. Retrieved 24 December 2019.

[NYTLaw-16] "What Does India's New Citizenship Law Mean?". The New York Times. 13 December 2019. ISSN 0362-4331. Retrieved 19 December 2019.

[17] "Is India's claim about minorities true?". 12 December 2019. Retrieved 19 December 2019.

[18] "Q & A on NRC (National Register of Citizens)".{{cite web}}: CS1 maint: url-status (link)

[:1-19] "Further FAQs on Citizenship Amendment Act".{{cite web}}: CS1 maint: url-status (link)

[Sigal_Samuel-20] Samuel, Sigal (12 December 2019). "India just redefined its citizenship criteria to exclude Muslims". Vox. Retrieved 18 December 2019.

[iexpressassam-21] Saha, Abhishek (20 January 2019). "Explained: Why Assam, Northeast are angry". The Indian Express. Archived from the original on 18 January 2019.

[ndtvassam-22] Choudhury, Ratnadip (21 December 2019). ""Want Peace, Not Migrants": Thousands Of Women Protest Citizenship Act Across Assam". NDTV.com. Retrieved 24 December 2019.

[CBCControversial-23] Gollom, Mark (17 December 2019). "Why India's controversial citizenship law has sparked violent protests". CBC News. Retrieved 25 December 2019.{{cite news}}: CS1 maint: url-status (link)

[wsjdelhi-24] Pokharel, Krishna (17 December 2019). "India Citizenship Protests Spread to Muslim Area of Capital". Wall Street Journal. Retrieved 24 December 2019.

[25] Ellis-Petersen, Hannah (17 December 2019). "India protests: students condemn 'barbaric' police". The Guardian. ISSN 0261-3077. Retrieved 18 December 2019.

[IT_arrests-26] Nath, Hemanta Kumar (12 November 2019). "1,000 detained as anti-Citizenship Amendment Bill protests intensify in Assam".

[27] Dutta, Prabhash (19 December 2019). "Violent protests against Citizenship Amendment Act: Who will pay for damages?". India Today. Retrieved 24 December 2019.

[OutlookMP19Dec-28] "Sporadic protests in MP against CAA". outlookindia.com/. 19 December 2019. Retrieved 21 December 2019.

[BBC:_law_explained-29] "Citizenship Amendment Bill: India's new 'anti-Muslim' law explained". BBC News. 11 December 2019. Archived from the original on 12 December 2019.

[FOOTNOTESarker201721–22-30] Sarker 2017, pp. 21–22.

[31] US Department of State (1991). World Refugee Report. The Bureau for Refugee Programs, US Government. pp. 42–43.

[Fair_Observer-32] Ahmad, Nafees (12 September 2017). "The Status of Refugees in India". Fair Observer. Retrieved 24 December 2019.

[without_bias-33] Suryanarayan, V.; Ramaseshan, Geeta (25 August 2016). "Citizenship without bias". The Hindu. ISSN 0971-751X. Retrieved 24 December 2019.

[34] "A question of fair play". The Statesman. 10 October 2016. Retrieved 24 December 2019.

[35] India, UNHCR Global Appeal, 2011.

[IE_explained-36] "Explained: What is Citizenship Amendment Act?". The Indian Express. 19 December 2019. Retrieved 19 December 2019.

[38] Das, Pushpita (2016), Illegal Migration From Bangladesh: Deportation, Border Fences and Work Permits (PDF), Institute for Defence Studies and Analyses, pp. 26–27, ISBN 978-93-82169-69-7

[FOOTNOTERanjan20194-39] Ranjan 2019, p. 4.

[FOOTNOTEGupta20192–3-40] Gupta 2019, pp. 2–3. sfn error: multiple targets (2×): CITEREFGupta2019 (help)

[FOOTNOTERoy201928-41] Roy 2019, p. 28.

[42] Exemptions to minority community nationals from Bangladesh and Pakistan in regularization of their entry and stay in India, Ministry of Home Affairs, 7 September 2015.

[Gazette_553-43] The Gazette of India, Issue 553 of 2015, 8 September 2015.

[Gupta1-44] Gupta, Kanchan (2019). "Beyond the poll rhetoric of BJP's contentious Citizenship Amendment Bill". Observer Research Foundation.

[HTPackage-45] Chanakya (7 December 2019). "The CAB-NRC package is flawed and dangerous". Hindustan Times.

[46] Accord between AASU, AAGSP and the Central Government on the Foreign National Issue, Assam Accord, United Nations Archives (15 August 1985)

[BBC2-47] "Citizenship Amendment Bill: 'Anti-Muslim' law challenged in India court". BBC. 12 December 2019. Retrieved 16 December 2019.

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[FOOTNOTESarker201755–67,_192–198-52] Sarker 2017, pp. 55–67, 192–198.

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[98] Modi, Narendra (16 December 2019). "I want to unequivocally assure my fellow Indians that CAA does not affect any citizen of India of any religion. No Indian has anything to worry regarding this Act. This Act is only for those who have faced years of persecution outside and have no other place to go except India". @narendramodi. Retrieved 16 December 2019.

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[100] "Section 144 in The Code Of Criminal Procedure, 1973". indiankanoon.org. Retrieved 19 December 2019.

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[112] BHU Students hold rally in support of CAA and NRC, United News of India (December 17 2019)

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 }}
-The '''Citizenship (Amendment) Act, 2019''' was passed by the [[Parliament of India]] on 11 December 2019. It amended the [[Indian nationality law|Citizenship Act of 1955]] by providing a path to Indian citizenship for [[Hindus|Hindu]], [[Sikhs|Sikh]], [[Buddhist]], [[Jain]], [[Parsis|Parsi]], and [[Christians|Christian]] religious minorities fleeing persecution from [[Pakistan]], [[Bangladesh]] and [[Afghanistan]].<ref name="PIBPassesBill">{{Cite web|url=https://pib.gov.in/newsite/PrintRelease.aspx?relid=195783|title=Parliament passes the Citizenship (Amendment) Bill 2019|website=pib.gov.in|access-date=18 December 2019}}</ref> [[Muslim]]s were not given such eligibility.<ref name="CNNExcludes" /><ref name="NPRExcludes">{{Cite web|url=https://www.npr.org/2019/12/11/787220640/india-passes-controversial-citizenship-bill-that-would-exclude-muslims|title=India Passes Controversial Citizenship Bill That Would Exclude Muslims|website=NPR.org|first=Sam|last=Gringlas|access-date=19 December 2019}}</ref> The act was the first time religion had been used as a criterion for citizenship under [[Indian law]].<ref name="SlaterWaPo">{{cite news |last1=Slater |first1=Joanna |title=Why protests are erupting over India's new citizenship law |url=https://www.washingtonpost.com/world/asia_pacific/why-indias-citizenship-law-is-so-contentious/2019/12/17/35d75996-2042-11ea-b034-de7dc2b5199b_story.html |accessdate=18 December 2019 |work=Washington Post |date=18 December 2019}}</ref>
+The '''Citizenship (Amendment) Act, 2019''' was passed by the [[Parliament of India]] on 11 December 2019. It amended the [[Indian nationality law|Citizenship Act of 1955]] by providing a path to Indian citizenship for [[Hindus|Hindu]], [[Sikhs|Sikh]], [[Buddhist]], [[Jain]], [[Parsis|Parsi]], and [[Christians|Christian]] religious minorities fleeing persecution from [[Pakistan]], [[Bangladesh]] and [[Afghanistan]], who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder <ref name="PIBPassesBill">{{Cite web|url=http://egazette.nic.in/WriteReadData/2019/214646.pdf|title=THE CITIZENSHIP (AMENDMENT) ACT, 2019|last=|first=|date=|website=pib.gov.in|url-status=live|archive-url=|archive-date=|access-date=18 December 2019}}</ref> [[Muslim]]s were not given such eligibility.<ref name="CNNExcludes" /><ref name="NPRExcludes">{{Cite web|url=https://www.npr.org/2019/12/11/787220640/india-passes-controversial-citizenship-bill-that-would-exclude-muslims|title=India Passes Controversial Citizenship Bill That Would Exclude Muslims|website=NPR.org|first=Sam|last=Gringlas|access-date=19 December 2019}}</ref> The Modi government says the law is a humanitarian measure aimed at helping persecuted religious minorities from three neighboring countries who have entered India. Such communities have faced hardship and, at times, violence in Pakistan, Afghanistan and Bangladesh — all Muslim-majority nations — and the government says India has a moral responsibility to help them.<ref name="SlaterWaPo">{{cite news |last1=Slater |first1=Joanna |title=Why protests are erupting over India's new citizenship law |url=https://www.washingtonpost.com/world/asia_pacific/why-indias-citizenship-law-is-so-contentious/2019/12/17/35d75996-2042-11ea-b034-de7dc2b5199b_story.html |accessdate=18 December 2019 |work=Washington Post |date=18 December 2019}}</ref>. Manmohan Singh, from opposition party - Congress and previous Prime Minister of India, had also given similar in Rajya Sabha in 2003 <ref name=":0">{{Cite web|url=https://timesofindia.indiatimes.com/india/bjp-digs-up-manmohan-speech-seeking-citizenship-for-persecuted-refugees/articleshow/72894010.cms|title=BJP digs up Manmohan speech seeking citizenship for persecuted refugees|last=|first=|date=|website=|url-status=live|archive-url=|archive-date=|access-date=}}</ref>
-The [[Hindutva|Hindu nationalist]] [[Bharatiya Janata Party]] (BJP), which leads the [[Indian government]], had promised in previous election manifestos to offer Indian citizenship to persecuted religious minorities from neighboring countries.<ref name=bjplsmanifesto>[https://www.documentcloud.org/documents/5798075-Bjp-Election-2019-Manifesto-English.html Sankalpit Bharat Sashakt Bharat], BJP Sankalp Patra Lock Sabha 2019 (Manifesto, 2019)</ref><ref name="ITEndorsement"/> Under the 2019 amendment, migrants who had entered [[India]] by 31 December 2014, and had suffered "[[religious persecution]] or fear of religious persecution" in their country of origin were made eligible for citizenship.<ref name="PIBPassesBill" /> The amendment also relaxed the residence requirement for [[naturalization]] of these migrants from eleven years to five.<ref name="PRS India">{{cite web  |title=The Citizenship (Amendment) Bill, 2019  |url=http://prsindia.org/sites/default/files/bill_files/Citizenship%202019%20Bill%20Text.pdf  |website=PRS India  |access-date=11 December 2019}}</ref> Immediate beneficiaries of the Bill, according to the [[Intelligence Bureau (India)|Intelligence Bureau]] of India, will be 31,313 refugees: 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.<ref name="etbenefit"/>
+The [[Hindutva|Hindu nationalist]] [[Bharatiya Janata Party]] (BJP), which leads the [[Indian government]], had promised in previous election manifestos to offer Indian citizenship to persecuted religious minorities from neighboring countries.<ref name="bjplsmanifesto">[https://www.documentcloud.org/documents/5798075-Bjp-Election-2019-Manifesto-English.html Sankalpit Bharat Sashakt Bharat], BJP Sankalp Patra Lock Sabha 2019 (Manifesto, 2019)</ref><ref name="ITEndorsement"/> Under the 2019 amendment, migrants who had entered [[India]] by 31 December 2014, and had suffered "[[religious persecution]] or fear of religious persecution" in their country of origin were made eligible for citizenship.<ref name="PIBPassesBill" /> The amendment also relaxed the residence requirement for [[naturalization]] of these migrants from eleven years to five.<ref name="PRS India">{{cite web  |title=The Citizenship (Amendment) Bill, 2019  |url=http://prsindia.org/sites/default/files/bill_files/Citizenship%202019%20Bill%20Text.pdf  |website=PRS India  |access-date=11 December 2019}}</ref> Immediate beneficiaries of the Bill, according to the [[Intelligence Bureau (India)|Intelligence Bureau]] of India, will be 31,313 refugees: 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.<ref name="etbenefit"/>
-The amendment has been widely criticised as [[Religious discrimination|discriminating on the basis of religion]], in particular for excluding Muslims.<ref name="CNNExcludes" /><ref name="NPRExcludes" /> The [[Office of the United Nations High Commissioner for Human Rights]] called it "fundamentally discriminatory", adding that while India's "goal of protecting persecuted groups is welcome", this should be accomplished through a non-discriminatory "robust national [[political asylum|asylum]] system".<ref>[https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25425&LangID=E Spokesperson for the UN High Commissioner for Human Rights], Jeremy Laurence, UNHCHR, Geneva (13 December 2019)</ref> Critics express concerns that the bill would be used, along with the [[National Register of Citizens]], to render Muslim immigrants [[statelessness|stateless]]. Commentators also question the exclusion of persecuted religious minorities from other regions such as [[Tibet Autonomous Region|Tibet]], [[Sri Lanka]] and [[Myanmar]].<ref name="WPCitizenship">{{Cite web|url=https://www.washingtonpost.com/politics/2019/12/13/indias-new-law-may-leave-millions-muslims-without-citizenship/|title=India's new law may leave millions of Muslims without citizenship|last=Chaudhry |first=Suparna |website=Washington Post|date=13 Dec 2019|access-date=18 December 2019}}</ref><ref>{{cite news |last1=Gettleman |first1=Jeffrey |last2=Raj |first2=Suhasini |title=Indian Parliament Passes Divisive Citizenship Bill, Moving It Closer to Law |url=https://www.nytimes.com/2019/12/11/world/asia/india-muslims-citizenship-narendra-modi.html |accessdate=18 December 2019 |work=New York Times |date=11 December 2019}}</ref> The Indian government says that Pakistan, Afghanistan and Bangladesh are [[Muslim-majority countries]] where Islam has been declared as the official [[state religion]] through constitutional amendments in recent decades, and therefore Muslims in these Islamic countries are "unlikely to face religious persecution" and cannot be "treated as persecuted minorities".<ref name="ITEndorsement">{{Cite web|url=https://www.indiatoday.in/india/story/citizenship-amendment-bill-has-public-endorsement-was-part-of-manifesto-amit-shah-1626765-2019-12-09|title=Citizenship Amendment Bill has public endorsement, was part of manifesto: Amit Shah|last=Kaur Sandhu|first=Kamaljit|date= 9 December 2019|first2=Mausami|last2=Singh|website=India Today|access-date=19 December 2019|quote=The Citizenship Amendment Bill [...] was required to give protection to people who are forced to live in pathetic human condition while rejecting the argument that a Muslim may suffer religious persecution in Bangladesh, Pakistan and Afghanistan saying that a Muslim is unlikely to face religious persecution in an Islamic country}}</ref><ref name="BBCClaim">{{Cite news|url=https://www.bbc.com/news/world-asia-50720273|title=Is India's claim about minorities true?|date=12 December 2019|access-date=19 December 2019}}; Quote: [The Indian government states:] "The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries."</ref> Scholars describe Muslim minorities in these countries, such as [[Hazaras]] and [[Ahmadis]], as also facing persecution.<ref name="economist"/><ref name="NYTLaw">{{Cite news|url=https://www.nytimes.com/reuters/2019/12/13/world/asia/13reuters-india-citizenship-explainer.html|title=What Does India's New Citizenship Law Mean?|date=13 December 2019|work=The New York Times|access-date=19 December 2019|issn=0362-4331}}</ref><ref>{{Cite news|url=https://www.bbc.com/news/world-asia-50720273|title=Is India's claim about minorities true?|date=12 December 2019|access-date=19 December 2019}}</ref>
+Critics have said the amendment to be [[Religious discrimination|discriminating on the basis of religion]], in particular for excluding Muslims.<ref name="CNNExcludes" /><ref name="NPRExcludes" /> The [[Office of the United Nations High Commissioner for Human Rights]] called it "fundamentally discriminatory", adding that while India's "goal of protecting persecuted groups is welcome", this should be accomplished through a non-discriminatory "robust national [[political asylum|asylum]] system".<ref>[https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25425&LangID=E Spokesperson for the UN High Commissioner for Human Rights], Jeremy Laurence, UNHCHR, Geneva (13 December 2019)</ref> Critics express concerns that the bill would be used, along with the [[National Register of Citizens]], to render Muslim immigrants [[statelessness|stateless]]. Commentators also question the exclusion of persecuted religious minorities from other regions such as [[Tibet Autonomous Region|Tibet]], [[Sri Lanka]] and [[Myanmar]].<ref name="WPCitizenship">{{Cite web|url=https://www.washingtonpost.com/politics/2019/12/13/indias-new-law-may-leave-millions-muslims-without-citizenship/|title=India's new law may leave millions of Muslims without citizenship|last=Chaudhry |first=Suparna |website=Washington Post|date=13 Dec 2019|access-date=18 December 2019}}</ref><ref>{{cite news |last1=Gettleman |first1=Jeffrey |last2=Raj |first2=Suhasini |title=Indian Parliament Passes Divisive Citizenship Bill, Moving It Closer to Law |url=https://www.nytimes.com/2019/12/11/world/asia/india-muslims-citizenship-narendra-modi.html |accessdate=18 December 2019 |work=New York Times |date=11 December 2019}}</ref> The Indian government says that Pakistan, Afghanistan and Bangladesh are [[Muslim-majority countries]] where Islam has been declared as the official [[state religion]] through constitutional amendments in recent decades, and therefore Muslims in these Islamic countries are "unlikely to face religious persecution" and cannot be "treated as persecuted minorities".<ref name="ITEndorsement">{{Cite web|url=https://www.indiatoday.in/india/story/citizenship-amendment-bill-has-public-endorsement-was-part-of-manifesto-amit-shah-1626765-2019-12-09|title=Citizenship Amendment Bill has public endorsement, was part of manifesto: Amit Shah|last=Kaur Sandhu|first=Kamaljit|date= 9 December 2019|first2=Mausami|last2=Singh|website=India Today|access-date=19 December 2019|quote=The Citizenship Amendment Bill [...] was required to give protection to people who are forced to live in pathetic human condition while rejecting the argument that a Muslim may suffer religious persecution in Bangladesh, Pakistan and Afghanistan saying that a Muslim is unlikely to face religious persecution in an Islamic country}}</ref><ref name="BBCClaim">{{Cite news|url=https://www.bbc.com/news/world-asia-50720273|title=Is India's claim about minorities true?|date=12 December 2019|access-date=19 December 2019}}; Quote: [The Indian government states:] "The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries."</ref> Critics describe Muslim minorities in these countries, such as [[Hazaras]] and [[Ahmadis]], as also facing persecution.1955".<ref name="economist"/><ref name="NYTLaw">{{Cite news|url=https://www.nytimes.com/reuters/2019/12/13/world/asia/13reuters-india-citizenship-explainer.html|title=What Does India's New Citizenship Law Mean?|date=13 December 2019|work=The New York Times|access-date=19 December 2019|issn=0362-4331}}</ref><ref>{{Cite news|url=https://www.bbc.com/news/world-asia-50720273|title=Is India's claim about minorities true?|date=12 December 2019|access-date=19 December 2019}}</ref> The counter given to this is that "CAA has not stopped any foreigners of any country from applying for Indian Citizenship under The Citizenship Act, 1955.  Baluchis, Ahmediyas & Rohingayas can always apply to become Indian citizens as and when they fulfill the qualifications provided in the relevant sections of The Citizenship Act, 1955". Government of India has released two FAQ lists on this issue to clear objections.<ref>{{Cite web|url=https://pibindia.wordpress.com/2019/12/20/q-a-on-nrc-national-register-of-citizens/|title=Q & A on NRC (National Register of Citizens)|last=|first=|date=|website=|url-status=live|archive-url=|archive-date=|access-date=}}</ref> <ref name=":1">{{Cite web|url=https://pibindia.wordpress.com/2019/12/19/further-faqs-on-citizenship-amendment-act/|title=Further FAQs on Citizenship Amendment Act|last=|first=|date=|website=|url-status=live|archive-url=|archive-date=|access-date=}}</ref>
-The passage of the legislation caused [[Citizenship Amendment Act protests|large-scale protests]] in India.<ref name="Sigal Samuel">{{Cite web|url=https://www.vox.com/future-perfect/2019/12/12/21010975/india-muslim-citizenship-bill-national-register|title=India just redefined its citizenship criteria to exclude Muslims|last=Samuel|first=Sigal|date=12 December 2019|website=Vox|access-date=18 December 2019}}</ref> [[Assam]] and other [[Northeast India|northeastern states]] have seen violent demonstrations against the bill over fears that granting Indian citizenship to refugees and immigrants will cause a loss of their "political rights, culture and land rights" and motivate further migration from Bangladesh.<ref name="iexpressassam">{{cite news|url=https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/|title=Explained: Why Assam, Northeast are angry|last1=Saha|first1=Abhishek|date=20 January 2019|work=The Indian Express|access-date=|url-status=live|archive-url=https://web.archive.org/web/20190118005323/https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/|archive-date=18 January 2019}}</ref><ref name="ndtvassam"/><ref name="CBCControversial">{{Cite news|url=https://www.cbc.ca/news/india-citizenship-law-protests-1.5397915|title=Why India's controversial citizenship law has sparked violent protests|last=Gollom|first=Mark|date=Dec 17, 2019|work=CBC News|access-date=Dec 25, 2019|url-status=live}}</ref> In other parts of India, protestors said the bill discriminated against Muslims and demanded that Indian citizenship be granted to Muslim refugees and immigrants.<ref name="wsjdelhi">{{Cite web|url=https://www.wsj.com/articles/india-protests-against-new-law-spread-to-muslim-area-of-capital-11576596978|title=India Citizenship Protests Spread to Muslim Area of Capital|last=Pokharel|first=Krishna|website=Wall Street Journal|date=December 17, 2019|access-date=2019-12-24}}</ref> Major protests against the Act were held at universities in India. Students at [[Aligarh Muslim University]] and [[Jamia Millia Islamia]] alleged [[police brutality|brutal suppression by the police]].<ref>{{Cite news|url=https://www.theguardian.com/world/2019/dec/17/india-protests-students-condemn-barbaric-police|title=India protests: students condemn 'barbaric' police|last=Ellis-Petersen|first=Hannah|date=17 December 2019|work=The Guardian|access-date=18 December 2019|language=en-GB|issn=0261-3077}}</ref> The protests have led to the death of several protesters, injuries to protesters and police personnel, damage to public and private property, the detention of thousands of people, and suspensions of local internet and communication infrastructure in certain areas.<ref name="IT arrests">{{cite new|url=https://www.indiatoday.in/india/story/anti-citizenship-amendment-bill-assam-protest-1627464-2019-12-11|title=1,000 detained as anti-Citizenship Amendment Bill protests intensify in Assam|last=Nath|first=Hemanta Kumar|date=12 November 2019}}</ref><ref>{{Cite web|url=https://www.indiatoday.in/india/story/violent-protests-citizenship-amendment-act-caa-section-144-crpc-1629779-2019-12-19|title=Violent protests against Citizenship Amendment Act: Who will pay for damages?|first=Prabhash|last=Dutta|date=December 19, 2019|website=India Today|language=en|access-date=2019-12-24}}</ref> Some of the states have announced they will not implement the Act, however the [[Ministry of Home Affairs (India)|Union Home Ministry]] said that states lack the legal power to stop the implementation of CAA.<ref name="OutlookMP19Dec" />
+The passage of the legislation caused [[Citizenship Amendment Act protests|protests]] in India.<ref name="Sigal Samuel">{{Cite web|url=https://www.vox.com/future-perfect/2019/12/12/21010975/india-muslim-citizenship-bill-national-register|title=India just redefined its citizenship criteria to exclude Muslims|last=Samuel|first=Sigal|date=12 December 2019|website=Vox|access-date=18 December 2019}}</ref> [[Assam]] and other [[Northeast India|northeastern states]] have seen violent demonstrations against the bill over fears that granting Indian citizenship to refugees and immigrants will cause a loss of their "political rights, culture and land rights" and motivate further migration from Bangladesh.<ref name="iexpressassam">{{cite news|url=https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/|title=Explained: Why Assam, Northeast are angry|last1=Saha|first1=Abhishek|date=20 January 2019|work=The Indian Express|access-date=|url-status=live|archive-url=https://web.archive.org/web/20190118005323/https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/|archive-date=18 January 2019}}</ref><ref name="ndtvassam"/><ref name="CBCControversial">{{Cite news|url=https://www.cbc.ca/news/india-citizenship-law-protests-1.5397915|title=Why India's controversial citizenship law has sparked violent protests|last=Gollom|first=Mark|date=Dec 17, 2019|work=CBC News|access-date=Dec 25, 2019|url-status=live}}</ref> In other parts of India, protestors said the bill discriminated against Muslims and demanded that Indian citizenship be granted to Muslim refugees and immigrants.<ref name="wsjdelhi">{{Cite web|url=https://www.wsj.com/articles/india-protests-against-new-law-spread-to-muslim-area-of-capital-11576596978|title=India Citizenship Protests Spread to Muslim Area of Capital|last=Pokharel|first=Krishna|website=Wall Street Journal|date=December 17, 2019|access-date=2019-12-24}}</ref> Major protests against the Act were held at universities in India. Students at [[Aligarh Muslim University]] and [[Jamia Millia Islamia]] alleged [[police brutality|brutal suppression by the police]].<ref>{{Cite news|url=https://www.theguardian.com/world/2019/dec/17/india-protests-students-condemn-barbaric-police|title=India protests: students condemn 'barbaric' police|last=Ellis-Petersen|first=Hannah|date=17 December 2019|work=The Guardian|access-date=18 December 2019|language=en-GB|issn=0261-3077}}</ref> The protests have led to the death of several protesters, injuries to protesters and police personnel, damage to public and private property, the detention of thousands of people, and suspensions of local internet and communication infrastructure in certain areas.<ref name="IT arrests">{{cite new|url=https://www.indiatoday.in/india/story/anti-citizenship-amendment-bill-assam-protest-1627464-2019-12-11|title=1,000 detained as anti-Citizenship Amendment Bill protests intensify in Assam|last=Nath|first=Hemanta Kumar|date=12 November 2019}}</ref><ref>{{Cite web|url=https://www.indiatoday.in/india/story/violent-protests-citizenship-amendment-act-caa-section-144-crpc-1629779-2019-12-19|title=Violent protests against Citizenship Amendment Act: Who will pay for damages?|first=Prabhash|last=Dutta|date=December 19, 2019|website=India Today|language=en|access-date=2019-12-24}}</ref> Some of the states have announced they will not implement the Act, however the [[Ministry of Home Affairs (India)|Union Home Ministry]] said that states lack the legal power to stop the implementation of CAA. The Government has appealed to all to properly read the CAA act and not fall for trap and spread [https://www.indiatoday.in/elections/story/students-should-read-caa-once-amit-shah-on-protests-1628779-2019-12-16 rumors] <ref name="OutlookMP19Dec" />
 ==Background==
@@ Line 57: / Line 57: @@
 ===National Register of Citizens===
 {{main|National Register of Citizens}}
-In parallel to the drafting an amendment to the 1955 Citizenship Act, the BJP government completed an effort that began in 2004, under the supervision of the Supreme Court of India since 2013, to update the [[National Register of Citizens for Assam|National Register of Citizens (NRC)]] in the state of [[Assam]].<ref name="Gupta1">{{cite web |first=Kanchan |last=Gupta |title=Beyond the poll rhetoric of BJP's contentious Citizenship Amendment Bill |publisher=Observer Research Foundation |year=2019 |url=https://www.orfonline.org/research/beyond-poll-rhetoric-bjps-contentious-citizenship-amendment-bill-50499/ }}</ref><ref name="HTPackage">{{Cite web |author=Chanakya |url=https://www.hindustantimes.com/columns/the-cab-nrc-package-is-flawed-and-dangerous/story-mHB05zOPf20vlcnSydvQdI.html |title=The CAB-NRC package is flawed and dangerous |date=7 December 2019 |website=Hindustan Times}}</ref> This was mandated under prior peace agreements in northeast, in particular the [[Assam Accord]] signed in the presence of the former Prime Minister [[Rajiv Gandhi]].<ref>[https://peacemaker.un.org/sites/peacemaker.un.org/files/IN_850815_Assam%20Accord.pdf Accord between AASU, AAGSP and the Central Government on the Foreign National Issue], Assam Accord, United Nations Archives (15 August 1985)</ref><ref name="Gupta1"/> The updated register was made public in August 2019; approximately 1.9 million residents were not on the list, and were in danger of losing their citizenship.<ref name="HTPackage"/> Many of those affected were Bengali Hindus, who constitute a major voter base for the BJP. The register was created because "illegal migration from Bangladesh has long been a concern" in Assam. The Amendment of the 1955 Citizenship Act, in part, helps protect non-Muslims who are not in the register and face arrest or deportation.<ref name="BBC2">{{cite news |title=Citizenship Amendment Bill: 'Anti-Muslim' law challenged in India court |url=https://www.bbc.com/news/world-asia-india-50739593 |accessdate=16 December 2019 |work=BBC |date=12 December 2019}}</ref>
+In its FAQs, Government of India has clarified that NRC is not part of CAA. It has said that "CAA is a separate law and NRC is a separate process. The CAA has come into force nationwide after its passage from Parliament, while the NRC rules and procedures for the country are yet to be decided." "The NRC process that is going on in Assam has been implemented by the Honourable Supreme Court and mandated by the Assam Accord."  The BJP government completed an effort that began in 2004, under the supervision of the Supreme Court of India since 2013, to update the [[National Register of Citizens for Assam|National Register of Citizens (NRC)]] in the state of [[Assam]].<ref name="Gupta1">{{cite web |first=Kanchan |last=Gupta |title=Beyond the poll rhetoric of BJP's contentious Citizenship Amendment Bill |publisher=Observer Research Foundation |year=2019 |url=https://www.orfonline.org/research/beyond-poll-rhetoric-bjps-contentious-citizenship-amendment-bill-50499/ }}</ref><ref name="HTPackage">{{Cite web |author=Chanakya |url=https://www.hindustantimes.com/columns/the-cab-nrc-package-is-flawed-and-dangerous/story-mHB05zOPf20vlcnSydvQdI.html |title=The CAB-NRC package is flawed and dangerous |date=7 December 2019 |website=Hindustan Times}}</ref> This was mandated under prior peace agreements in northeast, in particular the [[Assam Accord]] signed in the presence of the former Prime Minister [[Rajiv Gandhi]].<ref>[https://peacemaker.un.org/sites/peacemaker.un.org/files/IN_850815_Assam%20Accord.pdf Accord between AASU, AAGSP and the Central Government on the Foreign National Issue], Assam Accord, United Nations Archives (15 August 1985)</ref><ref name="Gupta1"/> The updated register was made public in August 2019; approximately 1.9 million residents were not on the list, and were in danger of losing their citizenship.<ref name="HTPackage"/> Many of those affected were Bengali Hindus, who constitute a major voter base for the BJP. The register was created because "illegal migration from Bangladesh has long been a concern" in Assam. The Amendment of the 1955 Citizenship Act, in part, helps protect non-Muslims who are not in the register and face arrest or deportation.<ref name="BBC2">{{cite news |title=Citizenship Amendment Bill: 'Anti-Muslim' law challenged in India court |url=https://www.bbc.com/news/world-asia-india-50739593 |accessdate=16 December 2019 |work=BBC |date=12 December 2019}}</ref>
 On 19 November 2019, [[Minister of Home Affairs (India)|Home Minister]] [[Amit Shah]], declared in the Rajya Sabha of the Indian parliament that the [[National Register of Citizens]] will be implemented throughout the country.<ref name="Shah NRC IT">{{cite news |title=Amit Shah: NRC to apply nationwide, no person of any religion should worry |url=https://www.indiatoday.in/india/story/amit-shah-nrc-rajya-sabha-1620810-2019-11-20 |accessdate=22 December 2019 |work=India Today |date=20 November 2019 |language=en}}</ref> Prime Minister [[Narendra Modi]] however while addressing a gathering on 22 December 2019 said, "there has been no discussion on NRC anywhere... we only had to implement it in Assam to follow Supreme Court directives."<ref>{{cite news |title=PM Modi counters what Amit Shah, BJP manifesto say on bringing all-India NRC |url=https://www.indiatoday.in/india/story/pm-modi-counters-what-amit-shah-bjp-manifesto-say-on-bringing-all-india-nrc-1630576-2019-12-22 |accessdate=23 December 2019 |publisher=India Today |date=22 December 2019}}</ref>
@@ Line 97: / Line 97: @@
 ==Analysis==
-The Bill amends the [[Indian nationality law|Citizenship Act of 1955]] to give eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014. The bill does not mention Muslims.<ref>{{Cite news|url=https://www.thehindu.com/news/national/nrc-is-anti-indian-citizen/article30053825.ece|title=NRC is anti-Indian citizen|first=Sobhana K.|last=Nair|date=23 November 2019 |newspaper=The Hindu}}</ref><ref>{{Cite news|url=https://www.thehindu.com/news/national/opposition-to-reach-out-to-people-about-pitfalls-of-citizenship-amendment-bill/article30197219.ece|title=Opposition to reach out to people about 'pitfalls' of Citizenship Amendment Bill|first=Sobhana K.|last=Nair|date=5 December 2019 |newspaper=The Hindu}}</ref> According to [[Intelligence Bureau (India) |Intelligence Bureau]] records, the immediate beneficiaries of the Amended Act will be 31,313 people: 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.<ref name="etbenefit">{{Cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/citizenship-amendment-bill-decoded-what-it-holds-for-india/articleshow/72466056.cms|title=Citizenship Amendment Act 2019: What it holds for India|last=Tripathi|first=Rahul|date=2019-12-23|work=The Economic Times|access-date=2019-12-24}}</ref><ref>{{Cite web|url=https://www.deccanherald.com/national/citizenship-act-will-benefit-only-31313-not-lakhs-785797.html|title=Citizenship Act will benefit only 31,313, not lakhs|date=2019-12-15|website=Deccan Herald|access-date=2019-12-24}}</ref>
+The Bill amends the [[Indian nationality law|Citizenship Act of 1955]] to give eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder.  Manmohan Singh, from opposition party - Congress and previous Prime Minister of India, had also given similar in Rajya Sabha in 2003 <ref name=":0" />. But the opposition parties are opposing it after passing of the act. <ref>{{Cite news|url=https://www.thehindu.com/news/national/opposition-to-reach-out-to-people-about-pitfalls-of-citizenship-amendment-bill/article30197219.ece|title=Opposition to reach out to people about 'pitfalls' of Citizenship Amendment Bill|first=Sobhana K.|last=Nair|date=5 December 2019 |newspaper=The Hindu}}</ref> According to [[Intelligence Bureau (India) |Intelligence Bureau]] records, the immediate beneficiaries of the Amended Act will be 31,313 people: 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.<ref name="etbenefit">{{Cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/citizenship-amendment-bill-decoded-what-it-holds-for-india/articleshow/72466056.cms|title=Citizenship Amendment Act 2019: What it holds for India|last=Tripathi|first=Rahul|date=2019-12-23|work=The Economic Times|access-date=2019-12-24}}</ref><ref>{{Cite web|url=https://www.deccanherald.com/national/citizenship-act-will-benefit-only-31313-not-lakhs-785797.html|title=Citizenship Act will benefit only 31,313, not lakhs|date=2019-12-15|website=Deccan Herald|access-date=2019-12-24}}</ref>
 Under the Act, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years. The Bill relaxes this 11-year requirement to five years for persons belonging to the same six religions and three countries. The bill exempts the tribal areas of [[Assam]], [[Meghalaya]], and [[Tripura]] from its applicability. It also exempts the areas regulated through the [[Inner Line Permit]], which include [[Arunachal Pradesh]], [[Mizoram]] and [[Nagaland]].<ref name="PRSBillSummary">{{Cite web |url=http://prsindia.org/node/843781/chapters-at-a-glance |title=The Citizenship (Amendment) Bill, 2019 - Bill Summary |last= |first= |date= |website=[[PRS Legislative Research]] |access-date=10 December 2019}}</ref><ref>{{Cite web |url=https://indianexpress.com/article/explained/where-the-citizenship-amendment-bill-does-not-apply-parliament-6157094/ |title=Explained: Where the Citizenship (Amendment) Bill does not apply |last=Saha |first=Abhishek |date=9 December 2019 |website=The Indian Express |access-date=10 December 2019}}</ref><ref>{{cite web |url=https://www.indiatoday.in/education-today/gk-current-affairs/story/what-is-citizenship-amendment-bill-2016-1372701-2018-10-22 |title=What is the Citizenship (Amendment) Bill 2016? |website=India Today |accessdate=26 January 2019}}</ref> The inclusion of Manipur in Inner Line Permit was also announced on 9 December 2019.<ref name="ToIILP">{{Cite web |url=https://timesofindia.indiatimes.com/india/bringing-ilp-for-manipur-3-ne-states-will-be-out-of-cab/articleshow/72449076.cms |title=Bringing ILP for Manipur, 3 NE states will be out of CAB |last=Jain |first=Bharti |date=10 December 2019 |website=The Times of India |access-date=11 December 2019}}</ref>
@@ Line 103: / Line 103: @@
 The Bill includes new provisions for cancellation of the registration of [[Overseas Citizenship of India]] (OCI) if there are any violations of the provisions of this Act or provisions of any other law of India. It also adds the opportunity for the OCI holder to be heard before the cancellation.<ref name="GazetteCAA12Dec" /><ref name="PRS highlights" />
-===Exclusion of Muslims===
+===Non-Inclusion of Muslims===
-Muslims from Pakistan, Bangladesh and Afghanistan are not offered citizenship under the new Act.<ref name="CNNExcludes" /><ref name="NPRExcludes" /><ref>{{Cite news|url=https://www.japantimes.co.jp/news/2019/12/12/asia-pacific/social-issues-asia-pacific/indias-parliament-passes-contentious-citizenship-bill-excluding-muslims/|title=India's Parliament passes contentious citizenship bill excluding Muslims|date=12 December 2019|work=The Japan Times Online|access-date=19 December 2019|issn=0447-5763}}</ref> Critics have questioned the exclusion. The Amendment limits itself to the Muslim-majority neighbours of India and, secondly, takes no cognizance of the persecuted Muslims of those countries.<ref name="IE explained">{{Cite web|url=https://indianexpress.com/article/explained/explained-how-to-be-a-citizen-of-india-earlier-now-6165960/|title=Explained: What is Citizenship Amendment Act?|date=19 December 2019|website=The Indian Express|access-date=19 December 2019}}</ref> According to ''The Economist'', if the Indian government was concerned about religious persecution, it should have included [[Ahmadiyya]]s – a Muslim sect who have been "viciously hounded in Pakistan as heretics", and the [[Hazara people|Hazaras]] – another Muslim sect who have been murdered by the [[Taliban]] in Afghanistan. They should be treated as minorities.<ref name="economist">{{Cite news|url=https://www.economist.com/leaders/2019/12/14/indias-bill-purporting-to-help-refugees-really-seeks-to-hurt-muslims|title=India's bill purporting to help refugees really seeks to hurt Muslims, India's bill purporting to help refugees really seeks to hurt Muslims|work=The Economist|access-date=2019-12-24|issn=0013-0613}}</ref>
+Muslims from Pakistan, Bangladesh and Afghanistan are not offered citizenship under the new Act.<ref name="CNNExcludes" /><ref name="NPRExcludes" /><ref>{{Cite news|url=https://www.japantimes.co.jp/news/2019/12/12/asia-pacific/social-issues-asia-pacific/indias-parliament-passes-contentious-citizenship-bill-excluding-muslims/|title=India's Parliament passes contentious citizenship bill excluding Muslims|date=12 December 2019|work=The Japan Times Online|access-date=19 December 2019|issn=0447-5763}}</ref> Critics have questioned the non-inclusion. The Amendment limits itself to the Muslim-majority neighbours of India and, secondly, takes no cognizance of the persecuted Muslims of those countries.<ref name="IE explained">{{Cite web|url=https://indianexpress.com/article/explained/explained-how-to-be-a-citizen-of-india-earlier-now-6165960/|title=Explained: What is Citizenship Amendment Act?|date=19 December 2019|website=The Indian Express|access-date=19 December 2019}}</ref> According to ''The Economist'', if the Indian government was concerned about religious persecution, it should have included [[Ahmadiyya]]s – a Muslim sect who have been "viciously hounded in Pakistan as heretics", and the [[Hazara people|Hazaras]] – another Muslim sect who have been murdered by the [[Taliban]] in Afghanistan. They should be treated as minorities.<ref name="economist">{{Cite news|url=https://www.economist.com/leaders/2019/12/14/indias-bill-purporting-to-help-refugees-really-seeks-to-hurt-muslims|title=India's bill purporting to help refugees really seeks to hurt Muslims, India's bill purporting to help refugees really seeks to hurt Muslims|work=The Economist|access-date=2019-12-24|issn=0013-0613}}</ref>
-The Indian government has stated that Pakistan, Afghanistan, and Bangladesh are Muslim-majority countries. They have modified their Constitutions in recent decades to declare Islam as their official state religion, and therefore Muslims in these Islamic countries are "unlikely to face religious persecution". The government states that Muslims cannot be "treated as persecuted minorities" in these Muslim-majority countries.<ref name="BBCClaim"/><ref name="ITEndorsement" /> It is true, states BBC, that Pakistan and Afghanistan's state religion is Islam, and that Bangladesh's top court ruled in 2016 that "Islam should remain its state religion", but, all these countries also "have constitutional provisions stating that non-Muslims have rights and are free to practise their faith".<ref name="BBCClaim"/>
+The Indian government has stated that Pakistan, Afghanistan, and Bangladesh are Muslim-majority countries. They have modified their Constitutions in recent decades to declare Islam as their official state religion, and therefore Muslims in these Islamic countries are "unlikely to face religious persecution". The government states that Muslims cannot be "treated as persecuted minorities" in these Muslim-majority countries.<ref name="BBCClaim"/><ref name="ITEndorsement" /> It is true, states BBC, that Pakistan and Afghanistan's state religion is Islam, and that Bangladesh's top court ruled in 2016 that "Islam should remain its state religion". All these countries also "have constitutional provisions stating that non-Muslims have rights and are free to practise their faith"."In practice, non-Muslim minorities do face discrimination and persecution."<ref name="BBCClaim"/>
+In its FAQs to objections, Government said "CAA has not stopped any foreigners of any country from applying for Indian Citizenship under The Citizenship Act, 1955.  Baluchis, Ahmediyas & Rohingayas can always apply to become Indian citizens as and when they fulfill the qualifications provided in the relevant sections of The Citizenship Act, 1955."
 According to [[Meenakshi Lekhi]] – a BJP parliamentarian and Supreme Court lawyer, the Ahmadiyyas are Muslims and the attacks on them in Pakistan are "sectarian, not religious" in nature. Prior to 1947, she says, the Ahmaddiyas chose to vote and go "en bloc with Pakistan, a nation created on the basis of religion" and many of the Pakistani Ahmaddiyas are a vocal critic of India. The new legislation can only accommodate religious persecution and not sectarian persecution. They, and members of any religion, can apply for citizenship in India using the other Articles of the 1955 law, states Lekhi.<ref name="lekhi1">{{Cite web|url=https://www.theweek.in/columns/Meenakshi-Lekhi/2019/12/20/citizenship-amendment-act-is-constitutionally-unchallengeable.html|title=Citizenship Amendment Act is constitutionally unchallengeable|website=The Week|first=Meenakshi|last=Lekhi|date=December 21, 2019|access-date=2019-12-24}}</ref>
-===Exclusion of migrants from non-Muslim countries===
+===Non-Inclusion of migrants from non-Muslim countries other than Pakistan, Afghanistan and Bangladesh===
-The Act does not include migrants from non-Muslim countries fleeing persecution to India. For example, the Act is silent about the Hindu refugees from [[Sri Lanka]]. The Sri Lankan Tamils were allowed to settle as [[refugees in India|refugees]] in [[Tamil Nadu]] in 1980s and 1990s due to systemic violence from the Sinhalese of Sri Lanka. They include 29,500 "hill country Tamils" (Malaiha).<ref name="without bias"/><ref>{{Cite web|url=https://www.eurasiareview.com/16112019-plea-to-render-justice-for-malaiha-hill-country-tamil-refugees-from-sri-lanka-oped/|title=Plea To Render Justice For Malaiha (Hill Country) Tamil Refugees From Sri Lanka – OpEd|author2=SAAG|author1=V. Suryanarayan| date=16 November 2019|website=Eurasia Review|access-date=18 December 2019}}</ref>
+The Act does not include migrants from non-Muslim countries not fleeing from religious persecution to India. For example, the Act is silent about the Hindu refugees from [[Sri Lanka]]. The Sri Lankan Tamils were allowed to settle as [[refugees in India|refugees]] in [[Tamil Nadu]] in 1980s and 1990s due to systemic violence from the Sinhalese of Sri Lanka. They include 29,500 "hill country Tamils" (Malaiha).<ref name="without bias" /><ref>{{Cite web|url=https://www.eurasiareview.com/16112019-plea-to-render-justice-for-malaiha-hill-country-tamil-refugees-from-sri-lanka-oped/|title=Plea To Render Justice For Malaiha (Hill Country) Tamil Refugees From Sri Lanka – OpEd|author2=SAAG|author1=V. Suryanarayan| date=16 November 2019|website=Eurasia Review|access-date=18 December 2019}}</ref>
 The Act does not provide relief to [[Refugees in India#Tibet|Tibetan Buddhist refugees]] from China.<ref name="WPCitizenship" /> They came to India in the 1950s and 1960s. Their status has been of refugees over the decades. According to a 1992 UNHCR report, the then Indian government stated that they remain refugees and do not have the right to acquire Indian nationality.<ref>{{Cite web|url= https://www.refworld.org/docid/3ae6aab124.html |title=Refworld {{!}} India: 1) Legal status of Tibetan refugees; 2) Rights of Tibetans to Indian nationality|last=Refugees|first=United Nations High Commissioner for|website=Refworld|access-date=17 December 2019}}</ref>
-The Act does not address Rohingya Muslim refugees from Myanmar. The Indian government has already been deporting Rohingya refugees back to [[Myanmar]], despite the risk to their lives.<ref name="NYTLaw"/><ref>{{Cite web|url=https://www.hrw.org/news/2019/12/11/india-citizenship-bill-discriminates-against-muslims|title=India: Citizenship Bill Discriminates Against Muslims|date=2019-12-11|website=Human Rights Watch|access-date=2019-12-24}}</ref>
+The Act does not include Rohingya Muslim refugees from Myanmar. The Government has said that "Baluchis, Ahmediyas & Rohingayas can always apply to become Indian citizens as and when they fulfill the qualifications provided in the relevant sections of The Citizenship Act, 1955." <ref name=":1" />
 == Reception ==
@@ Line 130: / Line 132: @@
 Protests against the bill were held in several metropolitan cities across India, including [[Kolkata]],<ref name="BBCLaw">{{Cite news |url=https://www.bbc.com/news/world-asia-india-50793529 |title=India protesters block roads over citizenship law |date=14 December 2019 |access-date=14 December 2019 |website=BBC}}</ref> [[Delhi]],<ref name="ITShutdownNE">{{Cite web |url=https://www.indiatoday.in/india/story/citizenship-amendment-bil-protests-assam-tripura-delhi-rajya-sabha-test-1627203-2019-12-11 |title=Shutdown in Northeast, furore across nation as Citizenship Amendment Bill set for Rajya Sabha test today |last=Kumar Nath|first=Hemanta Kumar|first2=Ashutosh|last2=Mishra|date=11 December 2019|website=India Today |access-date=12 December 2019}}</ref><ref>{{Cite news |url=https://www.thehindu.com/news/cities/Delhi/protests-against-cab-spill-on-to-city-streets/article30271483.ece |title=Protests against CAB spill on to Delhi streets |last=Ravi |first=Sidharth |date=11 December 2019 |work=The Hindu |access-date=12 December 2019  |issn=0971-751X}}</ref> [[Mumbai]],<ref name="HinduRSClears" /> [[Bengaluru]],<ref>{{Cite web |url=https://www.deccanchronicle.com/nation/current-affairs/091219/bengaluru-citizens-protest-against-citizenship-amendment-bill.html |title=Bengaluru: Citizens protest against Citizenship Amendment Bill |date=9 December 2019 |website=Deccan Chronicle |access-date=12 December 2019}}</ref> [[Hyderabad]],<ref>{{Cite web |url=https://www.deccanchronicle.com/nation/current-affairs/111219/cab-triggers-protests-in-hyderabad.html |title=CAB triggers protests in Hyderabad |last=Moin |first=Ather |date=11 December 2019 |website=Deccan Chronicle |access-date=12 December 2019}}</ref> and [[Jaipur]].<ref name="ITShutdownNE"/> Smaller rallies were also held in the southern states of [[Kerala]] and [[Karnataka]].<ref name="BBCLaw"/>
+BJP has claimed protests largely due to turn-around by Congress from its earlier stand on this issue to gain political mileage.<ref>{{Cite web|url=https://www.livemint.com/politics/news/centre-firm-on-caa-implementation-agitation-100-politically-sponsored-shah-11576600970457.html|title=Centre firm on CAA implementation; agitation 100% politically sponsored: Shah|last=|first=|date=|website=|url-status=live|archive-url=|archive-date=|access-date=}}</ref><ref name=":0" />
 In Muslim-dominated parts of Delhi – India's capital, violent protests erupted, with a spokesperson Chaudhary Mateen Ahmad stating that people are protesting because "it discriminates against the Muslims". The protestors demanded that the law should grant Indian citizenship to Muslim immigrants and refugees too.<ref name="wsjdelhi" /> On 15 December, police forcefully entered the campus of [[Jamia Millia Islamia]] university, where protests were being held, and detained the students. Police used batons and tear gas on the students. More than a hundred students were injured and an equal number were detained. The police action was widely criticized, and resulted in protests across the country.<ref name="Reuters16Dec">{{cite news |title=India citizenship law protests spread across campuses |url=https://www.reuters.com/article/us-india-citizenship-protests/india-citizenship-law-protests-spread-across-campuses-idUSKBN1YK0DD |accessdate=16 December 2019 |work=Reuters |date=16 December 2019}}</ref><ref>{{Cite web|url=https://timesofindia.indiatimes.com/videos/city/delhi/demonstration-was-not-held-in-campus-locals-too-participated-in-it-jamia-millia-islamia-pro/videoshow/72652142.cms|title=Demonstration was not held in campus, locals too participated in it: Jamia Millia Islamia|website=The Times of India|access-date=15 December 2019}}</ref><ref>{{Cite web|url=https://www.indiatoday.in/india/story/anti-caa-protest-not-held-in-campus-jamia-admin-1628430-2019-12-15|title=Anti-CAA protest not held in campus, says Jamia admin|last=|first=|date=15 December 2019|website=India Today|archive-url=|archive-date=|access-date=15 December 2019}}</ref>
-On 16 December, after the protests entered the fifth day, Prime Minister [[Narendra Modi]] appealed for calm in a series of tweets saying "No Indian has anything to worry regarding this act. This act is only for those who have faced years of persecution outside and have no other place to go except India".<ref name="BBCPlea"/><ref>{{Cite web|url=https://twitter.com/narendramodi/status/1206492850378002432|title=I want to unequivocally assure my fellow Indians that CAA does not affect any citizen of India of any religion. No Indian has anything to worry regarding this Act. This Act is only for those who have faced years of persecution outside and have no other place to go except India.|last=Modi|first=Narendra|date=16 December 2019|website=@narendramodi|access-date=16 December 2019}}</ref>
+On 16 December, after the protests entered the fifth day, Prime Minister [[Narendra Modi]] appealed for calm in a series of tweets saying "No Indian has anything to worry regarding this act. This act is only for those who have faced years of persecution outside and have no other place to go except India".<ref name="BBCPlea" /><ref>{{Cite web|url=https://twitter.com/narendramodi/status/1206492850378002432|title=I want to unequivocally assure my fellow Indians that CAA does not affect any citizen of India of any religion. No Indian has anything to worry regarding this Act. This Act is only for those who have faced years of persecution outside and have no other place to go except India.|last=Modi|first=Narendra|date=16 December 2019|website=@narendramodi|access-date=16 December 2019}}</ref>
 On 19 December, police banned protests in several parts of India with the imposition of [[section 144]] which prohibits the gathering of more than 4 individuals in a public space as being unlawful, namely, parts of the capital Delhi, [[Uttar Pradesh]], and Karnataka, including Bangalore. Police in [[Chennai]] denied permission for marches, rallies or any other demonstration.<ref>{{Cite news|url=https://www.bbc.com/news/world-asia-india-50833361|title=India police ban protests against citizenship law|date=19 December 2019|access-date=19 December 2019}}</ref><ref>{{Cite web|url=https://indiankanoon.org/doc/930621/|title=Section 144 in The Code Of Criminal Procedure, 1973|website=indiankanoon.org|access-date=19 December 2019}}</ref> Internet services were shutdown in several parts of Delhi. As a result of defining the ban, thousands of protesters were detained, including several opposition leaders and activists such as [[Ramachandra Guha]], [[Sitaram Yechury]], [[Yogendra Yadav]], [[Umar Khalid]], [[Sandeep Dikshit]], Tehseen Poonawalla and [[D Raja]].<ref>{{Cite news|url=https://www.bbc.com/news/world-asia-india-50833361|title=Hundreds detained in India over citizenship protest|date=19 December 2019|access-date=19 December 2019}}</ref><ref>{{Cite web|url=https://www.businesstoday.in/current/economy-politics/anti-caa-protests-live-updates-8-delhi-metro-stations-closed-congress-ncp-gear-all-india-stirs/story/392305.html|title=Anti-CAA Protests Live Updates: 19 Delhi Metro stations shut; scores detained in multiple cities |website=businesstoday.in |access-date=19 December 2019}}</ref><ref>{{Cite web|url=https://www.business-standard.com/article/current-affairs/citizenship-amendment-act-live-updates-delhi-nationwide-protests-section-144-in-karnataka-high-court-hearing-today-119121900152_1.html|title=CAA protest LIVE: 18 Delhi metro stations shut, protestors defy Section 144 |website=business-standard.com |access-date=19 December 2019}}</ref>
@@ Line 178: / Line 182: @@
 The legislation has been criticised in India and abroad by commentators who claim that it violates the secular Constitution of India and its promise of equality under Article 14.<ref name="BBC: law explained" /><ref>{{Cite web|url=https://www.thequint.com/news/politics/nobel-laureate-venkatraman-ramakrishnan-slams-amit-shah-argument-condemns-cab|title=Nobel Winner Ramakrishnan Slams Amit Shah's Argument, Condemns CAB|date=11 December 2019|website=The Quint|access-date=19 December 2019}}</ref> According to [[Nitin Gadkari]], the act was necessary because "India was the only country in the world for Hindus".<ref>{{Cite web|url=https://www.telegraphindia.com/india/hindus-have-only-india-nitin-gadkari/cid/1728319|title=Hindus have only India: Nitin Gadkari|website=Telegraph India|date=19 December 2019|access-date=19 December 2019}}</ref>
-Commentators have expressed concerns that people who are unable to produce required documents to prove their citizenship and inclusion in the NRC will be accepted as migrants and given Indian citizenship under the Bill provided they are "of any identity except Muslim(s)"; the latter would risk becoming [[statelessness|stateless]] because they are not included under the Bill.<ref name="HTPackage" /><ref>{{Cite web |url=https://indianexpress.com/article/opinion/columns/this-land-is-mine-citizenship-amendment-bill-6160570/ |title=If Parliament passes the Citizenship Amendment Bill, India's constitutional structure, as we know it, will lose its soul |date=11 December 2019 |website=The Indian Express |language=en-US |access-date=11 December 2019}}</ref><ref>{{Cite web |url=https://www.livemint.com/opinion/online-views/the-rajya-sabha-must-play-its-envisaged-role-11575996673786.html |title=Opinion: The Rajya Sabha must play its envisaged role |date=10 December 2019 |website=LiveMint}}</ref>
 ===International===