Citizenship Amendment Bill: What does it do and why is it seen as a problem

The Citizenship (Amendment) Bill, 2019 that seeks to give Indian nationality to non-Muslim refugees from Pakistan, Bangladesh and Afghanistan facing religious persecution there was introduced in Lok Sabha by Union Home Minister Amit Shah today. The proposed legislation amends the Citizenship Act, 1955 to make Hindus, Sikhs, Buddhists, Christians and Parsis who got into India from Afghanistan, Bangladesh and Pakistan eligible for citizenship.

Who is eligible?
The proposed legislation applies to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion”. It aims to protect such people from proceedings of illegal migration. The cut-off date for citizenship is December 31, 2014, which means the applicant should have entered India on or before that date. Indian citizenship, under present law, is given either to those born in India or if they have resided in the country for a minimum of 11 years.

The Bill also proposes to incorporate a sub-section (d) to Section 7, providing for cancellation of Overseas Citizen of India (OCI) registration where the OCI card-holder has violated any provision of the Citizenship Act or any other law in force.

What if an applicant doesn’t have proof of birth?

In such a case they can apply for citizenship after six years of staying in the country.

Why does India need this Bill?

The Bill was an election promise of the BJP in the 2014 and 2019 Lok Sabha polls. Defence minister Rajnath Singh had made it clear at the meeting of the BJP parliamentary party last week that the legislation was the top priority of the government, equating its significance with the decision to turn Article 370 into a dead letter. “Minorities in the neighbouring theocratic countries have been subjected to continuous persecutions, which forced them to seek asylum in India. Giving citizenship to six minorities will be yet another push from the Modi government to the spirit of ‘sarva dharma sambhav’,” Singh said.

Any exceptions to the Bill?

CAB won’t apply to areas under the sixth schedule of the Constitution – which deals with autonomous tribal-dominated regions in Assam, Meghalaya, Tripura and Mizoram. The bill will also not apply to states that have the inner-line permit regime (Arunachal Pradesh, Nagaland and Mizoram).

Isn’t it the same like the NRC?
The National Register of Citizens or NRC that we saw in Assam targeted illegal immigrants. A person had to prove that either they, or their ancestors were in Assam on or before March 24, 1971. NRC, which may be extended to the rest of the country, is not based on religion unlike CAB.

Why is there such a hue and cry?

The opposition says the Bill violates Article 14 of the Constitution — the Right to Equality. They claim that citizenship cannot be given on the basis of religion. Congress MP Shashi Tharoor said it violates the basic idea of India that religion can never be a reason for citizenship.