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Citizenship (Amendment) Act, 2019

October 27, 2023

The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians, and arrived in India before the end of December 2014.[3][4] The law does not grant such eligibility to Muslims from these countries.[5][6][7] The act was the first time that religion had been overtly used as a criterion for citizenship under Indian law, and it attracted global criticism.[7][a][b][c]

Citizenship (Amendment) Act, 2019
Parliament of India
  • An Act further to amend the Citizenship Act, 1955.
CitationAct No. 47 of 2019
Passed byLok Sabha
Passed10 December 2019 (2019-12-10)
Passed byRajya Sabha
Passed11 December 2019 (2019-12-11)
Assented to12 December 2019 (2019-12-12)
Signed byRam Nath Kovind,
President of India
Signed12 December 2019 (2019-12-12)
Effective10 January 2020; 3 years ago (2020-01-10)[1][2]
Legislative history
First chamber: Lok Sabha
Bill titleCitizenship (Amendment) Bill, 2019
Bill citationBill No. 370 of 2019
Introduced byAmit Shah,
Minister of Home Affairs
Introduced9 December 2019; 3 years ago (2019-12-09)
First reading9 December 2019 (2019-12-09)
Second reading10 December 2019 (2019-12-10)
Third reading11 December 2019 (2019-12-11)
Amends
Citizenship Act, 1955
Status: In force

The Bharatiya Janata Party (BJP), which leads the Indian government,[8] had promised in previous election manifestos to offer Indian citizenship to members of persecuted religious minorities who had migrated from neighbouring countries.[9][10] 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.[4] The amendment also relaxed the residence requirement for naturalisation of these migrants from twelve years to six.[11] According to Intelligence Bureau records, there will be just over 30,000 immediate beneficiaries of the bill.[12][d]

The amendment has been criticized as discriminating on the basis of religion, particularly for excluding Muslims.[5][6] The Office of the United Nations High Commissioner for Human Rights (OHCHR) 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".[16] Critics express concerns that the bill would be used, along with the National Register of Citizens (NRC), to render many Muslim citizens stateless, as they may be unable to meet stringent birth or identity proof requirements.[17][18] Commentators also question the exclusion of persecuted religious minorities from other regions such as Tibet, Sri Lanka and Myanmar.[17][19] The Indian government said that since Pakistan, Afghanistan and Bangladesh have Islam as their state religion, it is therefore "unlikely" that Muslims would "face religious persecution" there.[10][20] However, certain Muslim groups, such as Hazaras (mostly Shias) and Ahmadis, have historically faced persecution in these countries.[21][22][23]

The passage of the legislation caused large-scale protests in India.[24] Assam and other northeastern states witnessed 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.[25][26][27] In other parts of India, protesters said that the bill discriminated against Muslims, and demanded that Indian citizenship be granted to Muslim refugees and immigrants as well.[28] Major protests against the Act were held at some universities in India. Students at Aligarh Muslim University and Jamia Millia Islamia alleged brutal suppression by the police.[29] The protests have led to the deaths of several protesters, injuries to both protesters and police officers, damage to public and private property, the detention of hundreds of people, and suspensions of local internet mobile phone connectivity in certain areas.[30][31] Some states announced that they would not implement the Act. In response, the Union Home Ministry said that states lack the legal power to stop the implementation of the CAA.[32]

Background edit

Citizenship law edit

The Indian Constitution implemented in 1950 guaranteed citizenship to all of the country's residents at the commencement of the constitution, and made no distinction on the basis of religion.[33][34][35] In 1955, the Indian government passed the Citizenship Act, by which all people born in India subject to some limitations were accorded citizenship. The Act also provided two means for foreigners to acquire Indian citizenship. People from "undivided India"[e] were given a means of registration after seven years of residency in India. Those from other countries were given a means of naturalisation after twelve years of residency in India.[37][38] Political developments in the 1980s, particularly those related to the violent Assam movement against migrants from Bangladesh, triggered revisions to the Citizenship Act.[39][40][41] The Act was first amended in 1985 after the Assam Accord signed by Rajiv Gandhi government, granting citizenship to all Bangladeshi migrants that arrived before 1971 subject to some provisos. The government also agreed to identify all migrants that arrived afterwards, remove their names from the electoral rolls, and expel them from the country.[42][43][41][44]

The Citizenship Act was further amended in 1992, 2003, 2005 and 2015. In December 2003, the National Democratic Alliance government, led by the Bharatiya Janata Party (BJP), passed the Citizenship (Amendment) Act, 2003 with far-reaching revisions of the Citizenship Act. It added the notion of "illegal immigrants" to the Act, making them ineligible to apply for citizenship (by registration or naturalisation), and declaring their children also as illegal immigrants.[45][46] Illegal immigrants were defined 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.[47] They can be deported or imprisoned.[48]

The 2003 amendment also mandated the Government of India to create and maintain a National Register of Citizens. The bill was supported by the Indian National Congress, as well as the Left parties, such as the Communist Party of India (Marxist) (CPI (M)).[49][50][f] During the parliamentary debate on the amendment, the leader of opposition, Manmohan Singh, stated that refugees belonging to minority communities in Bangladesh and other countries had faced persecution, and requested a liberal approach to granting them citizenship.[52][53][54] According to M.K. Venu, the formulation of the 2003 amendment discussed by Advani and Singh was based on the idea that Muslim groups in Pakistan and Afghanistan that had experienced persecution also needed to be treated with compassion.[54]

Immigrants and refugees edit

A very large number of illegal immigrants, the largest numbers of whom are from Bangladesh, live in India. The Task Force on Border Management quoted the figure of 15 million illegal migrants in 2001. In 2004, the United Progressive Alliance (UPA) government stated in Parliament that there were 12 million illegal Bangladeshi migrants in India.[55] The reasons for the scale of migration include a porous border, historical migration patterns, economic reasons, and cultural and linguistic ties.[56] Many illegal migrants from Bangladesh had eventually received the right to vote. According to Niraja Jayal, this enfranchisement was widely described as an attempt to win elections using the votes of the illegal migrants from Bangladesh.[42][57] Bangladeshi scholar Abul Barkat estimated that over 11 million Hindus have left Bangladesh for India between 1964 and 2013, at a rate of 230,612 annually.[58][59] The reasons were religious persecution and discrimination, especially at the hands of the post-independence military regimes.[59][60][61] An unknown number of Pakistani Hindu refugees also live in India. An estimated 5,000 refugees arrive per year, citing religious persecution and forced conversion.[62][63][64]

India is not a signatory to either the 1951 UN Refugee Convention or the 1967 Protocol.[65][66] 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.[67][68] According to the US Committee for Refugees and Immigrants, India hosts refugees in excess of 456,000,[69] with about 200,000 from "non-neighbouring" countries hosted via the UNHCR.[67][70][g] 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 naturalisation 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, and the impact on pre-existing regional poverty levels within India.[72]

Bharatiya Janata Party activities edit

The "detection, deletion and deportation" of illegal migrants has been on the agenda of the BJP since 1996.[73] In the 2016 assembly elections for the border state of Assam, the BJP leaders campaigned in the state promising voters that they would rid Assam of the Bangladeshis. Simultaneously, they also promised to protect Hindus who had fled religious persecution in Bangladesh.[74] According to commentators, in the context of an effort to identify and deport illegal immigrants, the proposal to grant citizenship took a new meaning. Illegal migrants could be granted citizenship if they were non-Muslim, on the grounds that they were refugees; only Muslims would be deported.[34]

In its manifesto for the 2014 Indian general election, the BJP promised to provide a "natural home" for persecuted Hindu refugees.[75] The year before the 2016 elections in Assam, the government legalised refugees belonging to religious minorities from Pakistan and Bangladesh, granting them long-term visas. Bangladeshi and Pakistani nationals belonging to "minority communities" were exempted from the requirements of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.[76] 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.[77]

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.[78][79] The bill stalled in parliament following widespread political opposition and protests in northeast India. 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".[79][80] According to Niraja Jayal, while the BJP had promised to grant Indian citizenship to all Hindu migrants from Bangladesh in its election campaigns during the 2010s, the draft Amendment bill angered many in Assam, including its own political allies because they viewed the amendment as a violation of the Assam Accord.[81] That accord promised to identify and deport all illegal Bangladeshi migrants who entered the state after 1971, "regardless of their religious identity".[81] In 2018, as the draft of this Amendment was being discussed, numerous Assamese organisations petitioned and agitated against it. They fear that the Amendment will encourage more migration and diminish employment opportunities to the native residents in the state.[81]

In parallel to the drafting of an amendment to the 1955 Citizenship Act, the BJP government completed an effort to update the National Register of Citizens (NRC) in the state of Assam. The process for creating the NRC had been put in place by the Citizenship rules enacted in 2003, and had been implemented in Assam under Supreme Court supervision as a result of a 2014 Supreme Court ruling.[82] This was mandated under prior peace agreements in northeast, and the Assam Accord in particular.[83][84] 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.[85] Many of those affected were Bengali Hindus, who constitute a major voter base for the BJP; according to commentators, the BJP withdrew its support for the Assam NRC towards its end for this reason.[86][87][h] On 19 November 2019, Home Minister Amit Shah, declared in the Rajya Sabha (the Upper House of the Indian parliament) that the National Register of Citizens would be implemented throughout the country.[90]

Legislative history edit

The BJP government first 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.[78][79] 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.[79][80]

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 neighbouring Muslim-majority countries, and promised to fast track a path to citizenship for non-Muslim refugees.[91][92] 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.[93] 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.[20][94][5]

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.[95]

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.[79][96] 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,[97] with 311 MPs voting in favour and 80 against the Bill.[98][99][100]

The bill was passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it.[101][102] Those voted in favour included Janata Dal (United), AIADMK, Biju Janata Dal, TDP and YSR Congress Party.[101][102]

After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act.[103] The act came into force on 10 January 2020.[1][104] The implementation of the CAA began on 20 December 2019, when Union Minister Mansukh Mandaviya gave citizenship certificates to seven refugees from Pakistan.[105]

The Amendments edit

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):[104]

Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, 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, shall not be treated as illegal migrant for the purposes of this Act;[104]

A new section 6B was inserted (in the section concerning naturalisation), with four clauses, the first of which stated:

(1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2.[104]

The "exempted" classes of persons were previously defined in the Foreigners (Amendment) Order, 2015 (issued under the Foreigners Act, 1946):[77]

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 31 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 [...].[77]

The Rules had been further amended in 2016 by adding Afghanistan to the list of countries.[106]

Exemptions were granted to northeastern regions of India in the clause (4) of section 6B:

(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.[104]

Analysis edit

The Act has amended the Citizenship Act, 1955 to give eligibility for Indian citizenship to persecuted minorities 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 Act does not mention Muslims.[107][108] According to Intelligence Bureau records, the immediate beneficiaries of the Amended Act will be 31,313 people, which include 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.[15][109]

Under the act, one of the requirements for citizenship by naturalisation is that the applicant must have lived in India during the last 12 months, and for 11 of the previous 14 years. The bill relaxes this 11-year requirement to 5 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.[110][111][112] The inclusion of Manipur in Inner Line Permit was also announced on 9 December 2019.[93]

The bill includes a new provision for cancellation of the registration of Overseas Citizenship of India (OCI) if there are any violations of any law of India, whether they are petty infractions or heinous felonies, however it also adds the opportunity for the OCI holder to be heard before the verdict.[104][79]

Exclusion of persecuted Muslims edit

Muslims from Pakistan, Bangladesh and Afghanistan are not offered eligibility for citizenship under the new Act.[5][6][113] Critics have questioned the exclusion on account of anti-Islamic sentiment. The amendment limits itself to the Muslim-majority neighbours of India and takes no cognisance of the Muslims of those countries.[71] Pakistan, Afghanistan, and Bangladesh are Muslim-majority countries that have modified their constitutions in recent decades to declare Islam their official state religion. Therefore, according to the Indian government, Muslims in these Islamic countries are "unlikely to face religious persecution". The government says that Muslims cannot be "treated as persecuted minorities" in these Muslim-majority countries.[20][10] The BBC says that while these countries have provisions in their constitution guaranteeing non-Muslims rights, including the freedom to practice their religion, in practice non-Muslim populations have experienced discrimination and persecution.[20]

The Economist criticised the exclusion by arguing that, the Indian government concern or religious persecution should have been extended to 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.[21]

Exclusion of other persecuted communities edit

The Act does not include migrants from non-Muslim countries fleeing persecution to India, including Hindu refugees from Sri Lanka and Buddhist refugees from Tibet.

The Act does not mention Tamil 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).[68][114]

The Act does not provide relief to Tibetan Buddhist refugees,[17] who came to India in the 1950s and 1960s due to the Chinese invasion of Tibet. 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.[115]

The Act does not address Rohingya Muslim refugees from Myanmar. The Indian government has been deporting Rohingya refugees to Myanmar.[22][116]

Relationship to NRC edit

The National Register of Citizens is a registry of all legal citizens, whose construction and maintenance was mandated by the 2003 amendment of the Citizenship Act. As of January 2020, it has only been implemented for the state of Assam, but the BJP has promised its implementation for the whole of India in its 2019 election manifesto.[117] The NRC documents all the legal citizens so that the people who are left out can be recognized as illegal immigrants (often called "foreigners"). The experience with Assam NRC shows that many people were declared "foreigners" because their documents were deemed insufficient.[118]

In this context, there are concerns that the present amendment of the Citizenship Act provides a "shield" to the non-Muslims, who can claim that they were migrants who fled persecution from Afghanistan, Pakistan, or Bangladesh, while the Muslims do not have such a benefit.[119][120][121][122] Such a claim may be possible only for people in the border states who have some ethnic resemblance to the people of Afghanistan, Pakistan or Bangladesh, but not to the people of interior states.[18][123] Muslim leaders have interpreted the CAA–NRC package in precisely these terms, viz., that the Muslims in the country would be targeted (by considering documents as insufficient) as potential foreigners, leaving out all non-Muslims.[18]

In an interview to India Today, Home Minister Amit Shah offered reassurance that no Indian citizen needs to worry. "We will make special provisions to ensure that no Indian citizen from minority communities is victimised in the NRC process." But the Indian Express said that the purpose of the NRC is precisely to identify the Indian citizens. So these references to "Indian citizens" remain unexplained.[18]

Reception edit

 
Citizenship Amendment Act protests in Calicut Kerala 2020 by Muslim Youth League (The Youth Wing of Indian Union Muslim League)
 
Locals protest against the CAB (Citizenship Amendment Bill) in New Delhi on 14 December 2019
 
Locals and Jamia Millia Islamia students protest against CAA/NRC in New Delhi on 15 December 2019

Protests edit

Main article: Citizenship Amendment Act protests

The passage of the Act triggered different types of protests and criticisms. Violent protests erupted in Assam, where the protesters maintained that the new provisions of this Act are against prior agreements such as the Assam Accord,[25][26] and that they would cause a "loss of political rights and culture". The India-Japan summit in Guwahati, which was supposed to be attended by Shinzō Abe was cancelled.[124][125] The UK, USA, France, Israel and Canada issued travel warnings for people visiting India's north-east region, telling their citizens to "exercise caution".[126][127][128]

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.[27] The protesters demanded that the law should grant Indian citizenship to Muslim immigrants and refugees too.[28]

Protests against the bill were held in several metropolitan cities across India, including Kolkata,[126] Delhi,[129][130] Mumbai,[101] Bengaluru,[131] Hyderabad,[132] and Jaipur.[129] Rallies were also held in various Indian states of West Bengal, Punjab, Uttar Pradesh, Karnataka, Tamil Nadu, Gujarat, Telangana, Bihar, Maharastra, Kerala and Karnataka.[126] 27 people were killed by police firing guns in the whole of India.[133][134] Along with in-person protests, the internet -- especially on social media platforms such as Facebook and Twitter -- was also the site of comment and debate regarding the constitutionality of the amendment. Large metropolitan areas (with Kolkata, Mumbai, and Bangalore standing out) became hotspots for online posts about the CAA.[135] As with in-person protests, so also online opposition to the BJP and statements opposing Islamophobia came from people of all backgrounds and experiences.[135] Overall, protesters framed the CAA as a continuation of a history of anti-Islamic legislation and propaganda by the BJP.[136]

Various cities around the world, including New York, Washington D. C.,[137] Melbourne,[138][139] Paris, Berlin,[140] Geneva, Barcelona, San Francisco, Tokyo, Helsinki,[141] and Amsterdam, witnessed protests against the Act and the police brutality faced by Indian protesters.[142][143] This showed up especially in the United States, Middle East, and Europe on social media; for example, 13% of Twitter flow on the CAA came from these international locations. The bulk of the in-person and social media protest, however, was in India.[135]

 
Kerala human chain was formed by approximately 6 to 7 million people and extended for a distance of 700 kilometres
 
 
 
Shaheen Bagh protests against CAA, NRC and NPR in Pune on 22 Jan 2020

Students from various universities like Jamia Millia Islamia, Aligarh Muslim University, Nadwa College, Jawaharlal Nehru University, IIT Kanpur, IIT Madras, Jadavpur University, Tata Institute of Social Sciences, IISc, Pondicherry University, and IIM Ahmedabad also held protest. More than 25 student associations from all over India joined protest. 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.[144][145][146]

Muslims all over India came out to protest the CAA–NRC package with a renewed assertion of their identity as Indians.[147] Muslim women started protest at Shaheen Bagh on 15 December 2019 start as an ongoing 24/7 sit-in peaceful protest.[148][149][150] The protesters at Shaheen Bagh have blocked a major highway[i] in New Delhi using non-violent resistance for more than 51 days now as of 5 February 2020.[151] On 24 February, violent clashes occurred during the North East Delhi riots in which seven people where killed and more than a hundred injured.[152] The death toll rose to 42 within 36 hours, with 250 people getting injured.[153]

Indian government response edit

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".[154][155][non-primary source needed] As CAA protests raised concerns on combined effects of CAA with NRC, the government has sought to downplay its narrative on NRC, with both the PM Narendra Modi and Home Minister Amit Shah stating that there has been no talk on pan-Indian NRC in their government for now, and neither the cabinet nor the legal department has discussed it.[156][18]

Considering Violence and damage to public properties during demonstration, 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.[157][158] Internet services were shut down 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.[159][160][161]

Rallies in support edit

See also: Citizenship Amendment Act protests § Pro-CAA demonstrations

Right-wing 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.[162][163] 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.[164] Similarly, some 15,000 people joined a BJP-organised rally in support of the Act in Rajasthan.[165] On 20 December 2019, scores of people held demonstrations in Central Park, Connaught Place, New Delhi in support of the Act.[166][167] Hundreds of people gathered in Pune, forming a human chain, in support of CAA, on 22 December.[168][169] ABVP members held a rally in support of CAA and NRC in Kerala.[170] Hundreds of citizens were out on the streets in support of the citizenship law in Bangalore.[171] Jay Kholiya, ex-Member and Officer Bearer of ABVP Maharashtra had resigned from his office during these protests citing "Ideological Differences".[172] In Assam, ABVP's National Executive Moon Talukdar also had joined Anti-CAA Protests. He also announced that around 800 members would resign in opposition to the government's move to implement the Citizenship (Amendment) Act (CAA).[173]

Refugees edit

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.[174] In New Delhi, about 600 refugees from Pakistan living in a camp consisting of tiny shanties celebrated the new law.[175] 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".[176]

Some Rohingya Muslim refugees in India were not optimistic about the Amendment and feared they would be deported.[177][178] 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.[179]

More than 200 families have arrived in the Indian state of Punjab with all their belongings after the law was enacted.[180]

Political and legal challenge edit

The bill was opposed by the Indian National Congress, who said it would create communal tensions and polarise India.[181] The Chief Ministers of the 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.[182][183][126] 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".[32] Modi stated on 21 December that the NRC had only been implemented in Assam to follow a directive from the Supreme Court of India, and that there had been no decision taken to implement it nation-wide.[184]

The Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal.[185][186][187] 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.[185] On 22 January 2020, around 143 petitions, including several petitions filed after 18 December 2019 were heard. The court again declined the request for stay. [188][189] The next hearing was scheduled on 21 April 2020.[189]

Commentary and petitions edit

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.[190] Former National Security Advisor Shiv Shankar Menon called the incident a self inflicted goal that has isolated India from the International community.[191]

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.[192]

A group of prominent individuals and organisations from around 12 countries representing minorities of Bangladesh released a joint statement in which they described the Act as "humanitarian" provision through which India has "partially fulfilled" its obligations towards the minorities of Bangladesh, Pakistan and Afghanistan.[193] 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.[194]

A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.[195] The petition stated that "The use of religion as a criterion for citizenship in the proposed bill" was "inconsistent with the basic structure of the Constitution".[195] A similar number of Indian academicians and intellectuals released a statement in support of the legislation.[196] The petition stated that the act "fulfills the long-standing demand of providing refuge to persecuted religious minorities from Pakistan, Bangladesh and Afghanistan".[197]

Historian Neeti Nair commented that the Citizenship (Amendment) Act and the National Register of Citizens represent steps towards a "Hindu Rashtra" that should be "summarily dismissed both by the people and by the courts".[198] Similar views were also expressed by social activists such as Harsh Mander,[199] Indira Jaising.[200] and media houses National Herald and The Caravan.[201][202] The Japan Times termed the Act as "Modi's project to make a Hindu India".[203]

International reactions edit

  •   Afghanistan: Former Afghanistan President Hamid Karzai urged Government of India to treat all minorities equally. In an interview to The Hindu, he said, "We don't have persecuted minorities in Afghanistan." Mentioning the Afghanistan conflict, he said, "The whole country is persecuted. We have been in war and conflict for a long time. All religions in Afghanistan, Muslims and Hindus and Sikhs, which are our three main religions, have suffered."[204]
  •   Australia: Australian Greens MP David Shoebridge tabled motion in the Legislative Council, calling for serious attention to India's CAA, the Modi government's reaction to the democratic protests and to renegotiate trade agreements between Australia and India so that they include a human rights clause.[205]
  •   Bahrain: The Shura Council (the Council of Representatives) called on the Government of India to refrain from implementing the Act, taking the rights of the Muslims into account, and respecting the international principles.[206]
  •   Bangladesh: Bangladesh's Minister of Foreign Affairs, A. K. Abdul Momen said that this bill could weaken India's historic character as a secular nation and denied that minorities were facing religious persecution in his country.[207] In an interview to Gulf News, Bangladesh Prime Minister Sheikh Hasina said, "Within India, people are facing many problems" and expressed her concerns saying, "We don't understand why (the Indian government) did it. It was not necessary". However, she maintained her stance that the CAA and NRC are internal matters of India. She also said that Prime Minister Modi assured her of no reverse migration from India.[208]
  •   France: Ambassador of France to India, Emmanuel Lenain, said that France considers the legislation an internal matter of India and respects it.[209]
  •   Kuwait: Around 27 lawmakers in Kuwait expressed "deep concern" over "the abusive legislative and repressive security measures taken by the Indian government against Muslims". They asked the Kuwait Government to ‘exert diplomatic efforts’ and to approach the UN to address the situation.[210]
  •   Malaysia: The Prime Minister of Malaysia, Mahathir Mohamad, criticised 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".[211]
  •   Maldives: Maldives' Parliament Speaker and former president, Mohamed Nasheed, said that CAA is an internal issue of India and was democratically passed through both the houses of the Parliament.[212]
  •   Pakistan: Pakistan Prime Minister Imran Khan criticised the Act.[213] Pakistan's National Assembly passed a resolution labelling 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".[214] This act was denounced by both the Hindu and Sikh communities of Pakistan. In particular, it was rejected by the Pakistan Hindu Council, a representative body of Hindus in the country. Many lawmakers were vocal in voicing their protest over this legislation. These included Lal Chand Malhi, member of the national assembly from Pakistan's ruling party Tehreek-e-Insaf, and Sachanand Lakhwani, member of the provincial assembly of Sindh.[215]
  •   Russia: Deputy Russian Ambassador to India, Roman Babushkin, said that Russia considers the legislation an internal matter of India.[216]
  •   Sri Lanka: Prime Minister Mahinda Rajapaksa termed the CAA as an internal matter of India. While answering a question about the non-inclusion of Sri Lankan Tamil refugees, he said, "Sri Lankans can return anytime they want. Their houses are there. They can come back anytime they want. We have no objection. Recently, around 4,000 of them returned. It all depends on what they want."[217]
  •   United Kingdom: The outgoing British High Commissioner to India, Dominic Asquith, said that the UK expressed hope that the Indian government will address concerns of the people as its manifesto commitment is "sabka saath, sabka vikas, sabka vishvas" (with all, development for all, and trust of all)[218]
  •   United States: The United States Commission on International Religious Freedom (USCIRF) called for sanctions[219] against Amit Shah and "other principal leadership" over passage of the Bill.[220][j] 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.[222][223][224] 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."[225] 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.[226] The President of the United States, Donald Trump, during his visit to India, declined to comment on the CAA and said that "it is up to India."[227]
Two city councils, in Seattle and Cambridge, passed resolutions asking India to repeal the Citizenship Amendment Act.[228]

Organisations edit

See also edit

Sources edit

Notes edit

  1. ^ Sharma (2019), p. 523: "First, citizenship status biased towards religious identity is by no means a new idea.... A careful study of the policies and laws related to citizenship, adopted since independence substantiate the assertion that citizenship in India has always been based on an implicit belief that India is for Hindus."
  2. ^ Sen (2018), pp. 10–11: "Nehru’s response [to Patel's warning] made it clear that Muslim migrants from Pakistan could not join the ranks of refugees in India... Thus, despite broad public statements promising citizenship to all displaced persons from Pakistan, Hindu migrants alone counted as citizen-refugees in post-partition India."
  3. ^ Jayal (2019), pp. 34–35: "While some elements of religious difference had... been covertly smuggled in earlier, this bill seeks to do so overtly."
  4. ^ According to the Indian Intelligence Bureau figures given to the Joint Parliamentary Committee, 31,313 people were granted long-term visas using the criteria mentioned in the Act. They included 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis. They were expected to be the immediate beneficiaries of the Act.[13][14][15]
  5. ^ The Act defines "undivided India" as "India as defined in the Government of India Act, 1935, as originally enacted".[36] It included, in addition to India, the present day Pakistan and Bangladesh.
  6. ^ In 2012, the then CPI(M) general secretary Prakash Karat had written to Manmohan Singh, who was prime minister at the time, reminding him of his 2003 statement and urging him to make a suitable amendment in policy to allow "minority community refugees" easy citizenship.[51]
  7. ^ 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.[71]
  8. ^ The excluded people of the Assam NRC were 0.5 million Bengali Hindus and 0.7 million Muslims, with the remainder made up of local people and Hindus from north India.[88][89]
  9. ^ Road No 13-A, Shaheen Bagh (GD Birla Marg) – Mathura Road – Kalindi Kunj – Shaheen Bagh stretch is a border point that connects New Delhi to Noida and Faridabad.
  10. ^ The USCIRF had earlier expressed its support for the Lautenberg-Specter Amendments, a US law that is considered similar to the CAA.[221]

References edit

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  35. ^ Roy 2010, pp. 33–34.
  36. ^ Universal's The Citizenship Act, 1955 (2004), p. 13, item 2(1)(h).
  37. ^ Roy 2010, pp. 37–38.
  38. ^ Universal's The Citizenship Act, 1955 (2004): See p. 15, clause 5 for "seven years"; see p. 27, The Third Schedule for "eleven years" followed by "twelve months".
  39. ^ Niraja Gopal Jayal (2019), Reconfiguring Citizenship in Contemporary India, Journal of South Asian Studies, 42(1), pp. 34–36 (context: 33–50), doi:10.1080/00856401.2019.1555874, Quote: "From the 1980s onwards, the legal and constitutional conception of the Indian citizen started to undergo a subtle transformation, through amendments to the Citizenship Act, in response to political developments. The latest in a series of such amendments is the Citizenship (Amendment) Bill, introduced in parliament in July 2016 and passed in the lower house of India's parliament in January 2019. [...] The present amendment consolidates a trend that began with the Citizenship (Amendment) Bill, 1985, which amended the provisions pertaining to naturalisation. This gave legal expression to the Assam Accord between the Rajiv Gandhi government and the Assamese students’ organisations that had led the agitation against the enfranchisement of migrants from Bangladesh in Assam. [...] The 1985 amendment to the Citizenship Act that followed the Accord introduced a new section titled ‘Special Provisions as to Citizenship of Persons Covered by the Assam Accord’. Seeking to allay anxieties about migrants who had come in from Bangladesh [...]"
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  41. ^ a b Sharma (2019), p. 522
  42. ^ a b Niraja Gopal Jayal (2019), Reconfiguring Citizenship in Contemporary India, Journal of South Asian Studies, 42(1), pp. 34–36 (context: 33–50), doi:10.1080/00856401.2019.1555874, Quote: "The Accord was entered into in 1985, after the agitation led to the Nellie massacre during the election of 1983. The enfranchisement of the migrants was widely attributed to the Congress. The common perception was that all Bangladeshi immigrants were Muslims, and the Congress Party was seen as the prime beneficiary of their votes. The Accord put in place measures for the detection of foreigners and their deletion from the state’s electoral rolls. [...] "As Kamal Sadiq’s book showed, ‘illegal’ migrants were more likely to be in possession of ‘documentary citizenship’—papers like ration cards and voter cards—certifying their citizenship, while natives and their descendants might well have no documentation at all"
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Bibliography edit

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Further reading edit

  • "The Citizenship (Amendment) Bill, 2016 – Highlights and Summary". PRS Legislative Research.
  • "Constitutionality of Citizenship Amendment Act, 2019 (Timeline of hearing before the Supreme Court of India)". One Law Street. 16 April 2020.
  • Malik, Shahnawaz Ahmed (21 July 2020). "Future of Citizenship Laws in India With Special Reference to Implementation of NRC in Assam". Journal of Legal Studies and Research. 6 (4). ISSN 2455-2437. SSRN 3665733.

External links edit

 
Wikimedia Commons has media related to Citizenship (Amendment) Act, 2019.
 
Wikiquote has quotations related to Citizenship (Amendment) Act, 2019.
 
Wikisource has original text related to this article:
Citizenship (Amendment) Act, 2019
  • "The Citizenship (Amendment) Act, 2019" (PDF), The Gazette of India, 2019
  • "Notification of The Citizenship (Amendment) Act, 2019" (PDF), The Gazette of India, 10 January 2020.
  • "Report of Refugee Populations in India" (PDF), Human Rights Law Network, 2007k.
  • "Passport (Entry into India) Amendment Rules, 2015 and Foreigners (Amendment) Order, 2015" (PDF), The Gazette of India, pp. No. 553, 8 September 2015.
  • (PDF), PRS Legislative Research, 2016, archived from the original (PDF) on 14 January 2021, retrieved 21 December 2019.
  • (PDF), Lok Sabha Secretariat, 2019 (via PRS Legislative Research, archived from the original (PDF) on 24 January 2021, retrieved 21 December 2019
  • (PDF), PRS Legislative Research, 2019, archived from the original (PDF) on 12 December 2019, retrieved 11 December 2019.
  • (PDF), PRS Legislative Research, 2019, archived from the original (PDF) on 21 January 2021, retrieved 21 December 2019.

October 27, 2023
citizenship, amendment, 2019, passed, parliament, india, december, 2019, amended, citizenship, 1955, providing, accelerated, pathway, indian, citizenship, persecuted, religious, minorities, from, afghanistan, bangladesh, pakistan, hindus, sikhs, buddhists, jai. The Citizenship Amendment Act 2019 CAA was passed by the Parliament of India on 11 December 2019 It amended the Citizenship Act 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan Bangladesh and Pakistan who are Hindus Sikhs Buddhists Jains Parsis or Christians and arrived in India before the end of December 2014 3 4 The law does not grant such eligibility to Muslims from these countries 5 6 7 The act was the first time that religion had been overtly used as a criterion for citizenship under Indian law and it attracted global criticism 7 a b c Citizenship Amendment Act 2019Parliament of IndiaLong title An Act further to amend the Citizenship Act 1955 CitationAct No 47 of 2019Passed byLok SabhaPassed10 December 2019 2019 12 10 Passed byRajya SabhaPassed11 December 2019 2019 12 11 Assented to12 December 2019 2019 12 12 Signed byRam Nath Kovind President of IndiaSigned12 December 2019 2019 12 12 Effective10 January 2020 3 years ago 2020 01 10 1 2 Legislative historyFirst chamber Lok SabhaBill titleCitizenship Amendment Bill 2019Bill citationBill No 370 of 2019Introduced byAmit Shah Minister of Home AffairsIntroduced9 December 2019 3 years ago 2019 12 09 First reading9 December 2019 2019 12 09 Second reading10 December 2019 2019 12 10 Third reading11 December 2019 2019 12 11 AmendsCitizenship Act 1955Status In forceThe Bharatiya Janata Party BJP which leads the Indian government 8 had promised in previous election manifestos to offer Indian citizenship to members of persecuted religious minorities who had migrated from neighbouring countries 9 10 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 4 The amendment also relaxed the residence requirement for naturalisation of these migrants from twelve years to six 11 According to Intelligence Bureau records there will be just over 30 000 immediate beneficiaries of the bill 12 d The amendment has been criticized as discriminating on the basis of religion particularly for excluding Muslims 5 6 The Office of the United Nations High Commissioner for Human Rights OHCHR 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 16 Critics express concerns that the bill would be used along with the National Register of Citizens NRC to render many Muslim citizens stateless as they may be unable to meet stringent birth or identity proof requirements 17 18 Commentators also question the exclusion of persecuted religious minorities from other regions such as Tibet Sri Lanka and Myanmar 17 19 The Indian government said that since Pakistan Afghanistan and Bangladesh have Islam as their state religion it is therefore unlikely that Muslims would face religious persecution there 10 20 However certain Muslim groups such as Hazaras mostly Shias and Ahmadis have historically faced persecution in these countries 21 22 23 The passage of the legislation caused large scale protests in India 24 Assam and other northeastern states witnessed 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 25 26 27 In other parts of India protesters said that the bill discriminated against Muslims and demanded that Indian citizenship be granted to Muslim refugees and immigrants as well 28 Major protests against the Act were held at some universities in India Students at Aligarh Muslim University and Jamia Millia Islamia alleged brutal suppression by the police 29 The protests have led to the deaths of several protesters injuries to both protesters and police officers damage to public and private property the detention of hundreds of people and suspensions of local internet mobile phone connectivity in certain areas 30 31 Some states announced that they would not implement the Act In response the Union Home Ministry said that states lack the legal power to stop the implementation of the CAA 32 Contents 1 Background 1 1 Citizenship law 1 2 Immigrants and refugees 1 3 Bharatiya Janata Party activities 2 Legislative history 3 The Amendments 4 Analysis 4 1 Exclusion of persecuted Muslims 4 2 Exclusion of other persecuted communities 4 3 Relationship to NRC 5 Reception 5 1 Protests 5 2 Indian government response 5 3 Rallies in support 5 4 Refugees 5 5 Political and legal challenge 5 6 Commentary and petitions 6 International reactions 6 1 Organisations 7 See also 8 Sources 8 1 Notes 8 2 References 8 3 Bibliography 9 Further reading 10 External linksBackground editCitizenship law edit The Indian Constitution implemented in 1950 guaranteed citizenship to all of the country s residents at the commencement of the constitution and made no distinction on the basis of religion 33 34 35 In 1955 the Indian government passed the Citizenship Act by which all people born in India subject to some limitations were accorded citizenship The Act also provided two means for foreigners to acquire Indian citizenship People from undivided India e were given a means of registration after seven years of residency in India Those from other countries were given a means of naturalisation after twelve years of residency in India 37 38 Political developments in the 1980s particularly those related to the violent Assam movement against migrants from Bangladesh triggered revisions to the Citizenship Act 39 40 41 The Act was first amended in 1985 after the Assam Accord signed by Rajiv Gandhi government granting citizenship to all Bangladeshi migrants that arrived before 1971 subject to some provisos The government also agreed to identify all migrants that arrived afterwards remove their names from the electoral rolls and expel them from the country 42 43 41 44 The Citizenship Act was further amended in 1992 2003 2005 and 2015 In December 2003 the National Democratic Alliance government led by the Bharatiya Janata Party BJP passed the Citizenship Amendment Act 2003 with far reaching revisions of the Citizenship Act It added the notion of illegal immigrants to the Act making them ineligible to apply for citizenship by registration or naturalisation and declaring their children also as illegal immigrants 45 46 Illegal immigrants were defined 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 47 They can be deported or imprisoned 48 The 2003 amendment also mandated the Government of India to create and maintain a National Register of Citizens The bill was supported by the Indian National Congress as well as the Left parties such as the Communist Party of India Marxist CPI M 49 50 f During the parliamentary debate on the amendment the leader of opposition Manmohan Singh stated that refugees belonging to minority communities in Bangladesh and other countries had faced persecution and requested a liberal approach to granting them citizenship 52 53 54 According to M K Venu the formulation of the 2003 amendment discussed by Advani and Singh was based on the idea that Muslim groups in Pakistan and Afghanistan that had experienced persecution also needed to be treated with compassion 54 Immigrants and refugees edit A very large number of illegal immigrants the largest numbers of whom are from Bangladesh live in India The Task Force on Border Management quoted the figure of 15 million illegal migrants in 2001 In 2004 the United Progressive Alliance UPA government stated in Parliament that there were 12 million illegal Bangladeshi migrants in India 55 The reasons for the scale of migration include a porous border historical migration patterns economic reasons and cultural and linguistic ties 56 Many illegal migrants from Bangladesh had eventually received the right to vote According to Niraja Jayal this enfranchisement was widely described as an attempt to win elections using the votes of the illegal migrants from Bangladesh 42 57 Bangladeshi scholar Abul Barkat estimated that over 11 million Hindus have left Bangladesh for India between 1964 and 2013 at a rate of 230 612 annually 58 59 The reasons were religious persecution and discrimination especially at the hands of the post independence military regimes 59 60 61 An unknown number of Pakistani Hindu refugees also live in India An estimated 5 000 refugees arrive per year citing religious persecution and forced conversion 62 63 64 India is not a signatory to either the 1951 UN Refugee Convention or the 1967 Protocol 65 66 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 67 68 According to the US Committee for Refugees and Immigrants India hosts refugees in excess of 456 000 69 with about 200 000 from non neighbouring countries hosted via the UNHCR 67 70 g 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 naturalisation 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 and the impact on pre existing regional poverty levels within India 72 Bharatiya Janata Party activities edit The detection deletion and deportation of illegal migrants has been on the agenda of the BJP since 1996 73 In the 2016 assembly elections for the border state of Assam the BJP leaders campaigned in the state promising voters that they would rid Assam of the Bangladeshis Simultaneously they also promised to protect Hindus who had fled religious persecution in Bangladesh 74 According to commentators in the context of an effort to identify and deport illegal immigrants the proposal to grant citizenship took a new meaning Illegal migrants could be granted citizenship if they were non Muslim on the grounds that they were refugees only Muslims would be deported 34 In its manifesto for the 2014 Indian general election the BJP promised to provide a natural home for persecuted Hindu refugees 75 The year before the 2016 elections in Assam the government legalised refugees belonging to religious minorities from Pakistan and Bangladesh granting them long term visas Bangladeshi and Pakistani nationals belonging to minority communities were exempted from the requirements of the Passport Entry into India Act 1920 and the Foreigners Act 1946 76 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 77 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 78 79 The bill stalled in parliament following widespread political opposition and protests in northeast India 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 79 80 According to Niraja Jayal while the BJP had promised to grant Indian citizenship to all Hindu migrants from Bangladesh in its election campaigns during the 2010s the draft Amendment bill angered many in Assam including its own political allies because they viewed the amendment as a violation of the Assam Accord 81 That accord promised to identify and deport all illegal Bangladeshi migrants who entered the state after 1971 regardless of their religious identity 81 In 2018 as the draft of this Amendment was being discussed numerous Assamese organisations petitioned and agitated against it They fear that the Amendment will encourage more migration and diminish employment opportunities to the native residents in the state 81 In parallel to the drafting of an amendment to the 1955 Citizenship Act the BJP government completed an effort to update the National Register of Citizens NRC in the state of Assam The process for creating the NRC had been put in place by the Citizenship rules enacted in 2003 and had been implemented in Assam under Supreme Court supervision as a result of a 2014 Supreme Court ruling 82 This was mandated under prior peace agreements in northeast and the Assam Accord in particular 83 84 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 85 Many of those affected were Bengali Hindus who constitute a major voter base for the BJP according to commentators the BJP withdrew its support for the Assam NRC towards its end for this reason 86 87 h On 19 November 2019 Home Minister Amit Shah declared in the Rajya Sabha the Upper House of the Indian parliament that the National Register of Citizens would be implemented throughout the country 90 Legislative history editThe BJP government first 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 78 79 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 79 80 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 neighbouring Muslim majority countries and promised to fast track a path to citizenship for non Muslim refugees 91 92 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 93 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 20 94 5 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 95 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 79 96 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 97 with 311 MPs voting in favour and 80 against the Bill 98 99 100 The bill was passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it 101 102 Those voted in favour included Janata Dal United AIADMK Biju Janata Dal TDP and YSR Congress Party 101 102 After receiving assent from the President of India on 12 December 2019 the bill assumed the status of an act 103 The act came into force on 10 January 2020 1 104 The implementation of the CAA began on 20 December 2019 when Union Minister Mansukh Mandaviya gave citizenship certificates to seven refugees from Pakistan 105 The Amendments editThe Citizenship Amendment Act of 2019 amended the Citizenship Act 1955 by inserting the following provisos in section 2 sub section 1 after clause b 104 Provided that any person belonging to Hindu Sikh Buddhist Jain Parsi or Christian community from Afghanistan Bangladesh or Pakistan 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 shall not be treated as illegal migrant for the purposes of this Act 104 A new section 6B was inserted in the section concerning naturalisation with four clauses the first of which stated 1 The Central Government or an authority specified by it in this behalf may subject to such conditions restrictions and manner as may be prescribed on an application made in this behalf grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause b of sub section 1 of section 2 104 The exempted classes of persons were previously defined in the Foreigners Amendment Order 2015 issued under the Foreigners Act 1946 77 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 31 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 77 The Rules had been further amended in 2016 by adding Afghanistan to the list of countries 106 Exemptions were granted to northeastern regions of India in the clause 4 of section 6B 4 Nothing in this section shall apply to tribal area of Assam Meghalaya Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under The Inner Line notified under the Bengal Eastern Frontier Regulation 1873 104 Analysis editThe Act has amended the Citizenship Act 1955 to give eligibility for Indian citizenship to persecuted minorities 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 Act does not mention Muslims 107 108 According to Intelligence Bureau records the immediate beneficiaries of the Amended Act will be 31 313 people which include 25 447 Hindus 5 807 Sikhs 55 Christians 2 Buddhists and 2 Parsis 15 109 Under the act one of the requirements for citizenship by naturalisation is that the applicant must have lived in India during the last 12 months and for 11 of the previous 14 years The bill relaxes this 11 year requirement to 5 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 110 111 112 The inclusion of Manipur in Inner Line Permit was also announced on 9 December 2019 93 The bill includes a new provision for cancellation of the registration of Overseas Citizenship of India OCI if there are any violations of any law of India whether they are petty infractions or heinous felonies however it also adds the opportunity for the OCI holder to be heard before the verdict 104 79 Exclusion of persecuted Muslims edit Muslims from Pakistan Bangladesh and Afghanistan are not offered eligibility for citizenship under the new Act 5 6 113 Critics have questioned the exclusion on account of anti Islamic sentiment The amendment limits itself to the Muslim majority neighbours of India and takes no cognisance of the Muslims of those countries 71 Pakistan Afghanistan and Bangladesh are Muslim majority countries that have modified their constitutions in recent decades to declare Islam their official state religion Therefore according to the Indian government Muslims in these Islamic countries are unlikely to face religious persecution The government says that Muslims cannot be treated as persecuted minorities in these Muslim majority countries 20 10 The BBC says that while these countries have provisions in their constitution guaranteeing non Muslims rights including the freedom to practice their religion in practice non Muslim populations have experienced discrimination and persecution 20 The Economist criticised the exclusion by arguing that the Indian government concern or religious persecution should have been extended to 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 21 Exclusion of other persecuted communities edit The Act does not include migrants from non Muslim countries fleeing persecution to India including Hindu refugees from Sri Lanka and Buddhist refugees from Tibet The Act does not mention Tamil 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 68 114 The Act does not provide relief to Tibetan Buddhist refugees 17 who came to India in the 1950s and 1960s due to the Chinese invasion of Tibet 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 115 The Act does not address Rohingya Muslim refugees from Myanmar The Indian government has been deporting Rohingya refugees to Myanmar 22 116 Relationship to NRC edit The National Register of Citizens is a registry of all legal citizens whose construction and maintenance was mandated by the 2003 amendment of the Citizenship Act As of January 2020 it has only been implemented for the state of Assam but the BJP has promised its implementation for the whole of India in its 2019 election manifesto 117 The NRC documents all the legal citizens so that the people who are left out can be recognized as illegal immigrants often called foreigners The experience with Assam NRC shows that many people were declared foreigners because their documents were deemed insufficient 118 In this context there are concerns that the present amendment of the Citizenship Act provides a shield to the non Muslims who can claim that they were migrants who fled persecution from Afghanistan Pakistan or Bangladesh while the Muslims do not have such a benefit 119 120 121 122 Such a claim may be possible only for people in the border states who have some ethnic resemblance to the people of Afghanistan Pakistan or Bangladesh but not to the people of interior states 18 123 Muslim leaders have interpreted the CAA NRC package in precisely these terms viz that the Muslims in the country would be targeted by considering documents as insufficient as potential foreigners leaving out all non Muslims 18 In an interview to India Today Home Minister Amit Shah offered reassurance that no Indian citizen needs to worry We will make special provisions to ensure that no Indian citizen from minority communities is victimised in the NRC process But the Indian Express said that the purpose of the NRC is precisely to identify the Indian citizens So these references to Indian citizens remain unexplained 18 Reception edit nbsp Citizenship Amendment Act protests in Calicut Kerala 2020 by Muslim Youth League The Youth Wing of Indian Union Muslim League nbsp Locals protest against the CAB Citizenship Amendment Bill in New Delhi on 14 December 2019 nbsp Locals and Jamia Millia Islamia students protest against CAA NRC in New Delhi on 15 December 2019Protests edit Main article Citizenship Amendment Act protests The passage of the Act triggered different types of protests and criticisms Violent protests erupted in Assam where the protesters maintained that the new provisions of this Act are against prior agreements such as the Assam Accord 25 26 and that they would cause a loss of political rights and culture The India Japan summit in Guwahati which was supposed to be attended by Shinzō Abe was cancelled 124 125 The UK USA France Israel and Canada issued travel warnings for people visiting India s north east region telling their citizens to exercise caution 126 127 128 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 27 The protesters demanded that the law should grant Indian citizenship to Muslim immigrants and refugees too 28 Protests against the bill were held in several metropolitan cities across India including Kolkata 126 Delhi 129 130 Mumbai 101 Bengaluru 131 Hyderabad 132 and Jaipur 129 Rallies were also held in various Indian states of West Bengal Punjab Uttar Pradesh Karnataka Tamil Nadu Gujarat Telangana Bihar Maharastra Kerala and Karnataka 126 27 people were killed by police firing guns in the whole of India 133 134 Along with in person protests the internet especially on social media platforms such as Facebook and Twitter was also the site of comment and debate regarding the constitutionality of the amendment Large metropolitan areas with Kolkata Mumbai and Bangalore standing out became hotspots for online posts about the CAA 135 As with in person protests so also online opposition to the BJP and statements opposing Islamophobia came from people of all backgrounds and experiences 135 Overall protesters framed the CAA as a continuation of a history of anti Islamic legislation and propaganda by the BJP 136 Various cities around the world including New York Washington D C 137 Melbourne 138 139 Paris Berlin 140 Geneva Barcelona San Francisco Tokyo Helsinki 141 and Amsterdam witnessed protests against the Act and the police brutality faced by Indian protesters 142 143 This showed upespeciallyin the United States Middle East and Europe on social media for example 13 of Twitter flow on the CAA came from these international locations The bulk of the in person and social media protest however was in India 135 nbsp Kerala human chain was formed by approximately 6 to 7 million people and extended for a distance of 700 kilometres nbsp nbsp nbsp Shaheen Bagh protests against CAA NRC and NPR in Pune on 22 Jan 2020 Students from various universities like Jamia Millia Islamia Aligarh Muslim University Nadwa College Jawaharlal Nehru University IIT Kanpur IIT Madras Jadavpur University Tata Institute of Social Sciences IISc Pondicherry University and IIM Ahmedabad also held protest More than 25 student associations from all over India joined protest 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 144 145 146 Muslims all over India came out to protest the CAA NRC package with a renewed assertion of their identity as Indians 147 Muslim women started protest at Shaheen Bagh on 15 December 2019 start as an ongoing 24 7 sit in peaceful protest 148 149 150 The protesters at Shaheen Bagh have blocked a major highway i in New Delhi using non violent resistance for more than 51 days now as of 5 February 2020 151 On 24 February violent clashes occurred during the North East Delhi riots in which seven people where killed and more than a hundred injured 152 The death toll rose to 42 within 36 hours with 250 people getting injured 153 Indian government response edit 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 154 155 non primary source needed As CAA protests raised concerns on combined effects of CAA with NRC the government has sought to downplay its narrative on NRC with both the PM Narendra Modi and Home Minister Amit Shah stating that there has been no talk on pan Indian NRC in their government for now and neither the cabinet nor the legal department has discussed it 156 18 Considering Violence and damage to public properties during demonstration 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 157 158 Internet services were shut down 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 159 160 161 Rallies in support edit See also Citizenship Amendment Act protests Pro CAA demonstrations Right wing 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 162 163 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 164 Similarly some 15 000 people joined a BJP organised rally in support of the Act in Rajasthan 165 On 20 December 2019 scores of people held demonstrations in Central Park Connaught Place New Delhi in support of the Act 166 167 Hundreds of people gathered in Pune forming a human chain in support of CAA on 22 December 168 169 ABVP members held a rally in support of CAA and NRC in Kerala 170 Hundreds of citizens were out on the streets in support of the citizenship law in Bangalore 171 Jay Kholiya ex Member and Officer Bearer of ABVP Maharashtra had resigned from his office during these protests citing Ideological Differences 172 In Assam ABVP s National Executive Moon Talukdar also had joined Anti CAA Protests He also announced that around 800 members would resign in opposition to the government s move to implement the Citizenship Amendment Act CAA 173 Refugees edit 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 174 In New Delhi about 600 refugees from Pakistan living in a camp consisting of tiny shanties celebrated the new law 175 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 176 Some Rohingya Muslim refugees in India were not optimistic about the Amendment and feared they would be deported 177 178 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 179 More than 200 families have arrived in the Indian state of Punjab with all their belongings after the law was enacted 180 Political and legal challenge edit The bill was opposed by the Indian National Congress who said it would create communal tensions and polarise India 181 The Chief Ministers of the 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 182 183 126 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 32 Modi stated on 21 December that the NRC had only been implemented in Assam to follow a directive from the Supreme Court of India and that there had been no decision taken to implement it nation wide 184 The Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal 185 186 187 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 185 On 22 January 2020 around 143 petitions including several petitions filed after 18 December 2019 were heard The court again declined the request for stay 188 189 The next hearing was scheduled on 21 April 2020 189 Commentary and petitions edit The foreign intelligence agency of India R amp 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 190 Former National Security Advisor Shiv Shankar Menon called the incident a self inflicted goal that has isolated India from the International community 191 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 192 A group of prominent individuals and organisations from around 12 countries representing minorities of Bangladesh released a joint statement in which they described the Act as humanitarian provision through which India has partially fulfilled its obligations towards the minorities of Bangladesh Pakistan and Afghanistan 193 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 194 A petition opposing the bill was signed by more 1 000 Indian scientists and scholars 195 The petition stated that The use of religion as a criterion for citizenship in the proposed bill was inconsistent with the basic structure of the Constitution 195 A similar number of Indian academicians and intellectuals released a statement in support of the legislation 196 The petition stated that the act fulfills the long standing demand of providing refuge to persecuted religious minorities from Pakistan Bangladesh and Afghanistan 197 Historian Neeti Nair commented that the Citizenship Amendment Act and the National Register of Citizens represent steps towards a Hindu Rashtra that should be summarily dismissed both by the people and by the courts 198 Similar views were also expressed by social activists such as Harsh Mander 199 Indira Jaising 200 and media houses National Herald and The Caravan 201 202 The Japan Times termed the Act as Modi s project to make a Hindu India 203 International reactions edit nbsp Afghanistan Former Afghanistan President Hamid Karzai urged Government of India to treat all minorities equally In an interview to The Hindu he said We don t have persecuted minorities in Afghanistan Mentioning the Afghanistan conflict he said The whole country is persecuted We have been in war and conflict for a long time All religions in Afghanistan Muslims and Hindus and Sikhs which are our three main religions have suffered 204 nbsp Australia Australian Greens MP David Shoebridge tabled motion in the Legislative Council calling for serious attention to India s CAA the Modi government s reaction to the democratic protests and to renegotiate trade agreements between Australia and India so that they include a human rights clause 205 nbsp Bahrain The Shura Council the Council of Representatives called on the Government of India to refrain from implementing the Act taking the rights of the Muslims into account and respecting the international principles 206 nbsp Bangladesh Bangladesh s Minister of Foreign Affairs A K Abdul Momen said that this bill could weaken India s historic character as a secular nation and denied that minorities were facing religious persecution in his country 207 In an interview to Gulf News Bangladesh Prime Minister Sheikh Hasina said Within India people are facing many problems and expressed her concerns saying We don t understand why the Indian government did it It was not necessary However she maintained her stance that the CAA and NRC are internal matters of India She also said that Prime Minister Modi assured her of no reverse migration from India 208 nbsp France Ambassador of France to India Emmanuel Lenain said that France considers the legislation an internal matter of India and respects it 209 nbsp Kuwait Around 27 lawmakers in Kuwait expressed deep concern over the abusive legislative and repressive security measures taken by the Indian government against Muslims They asked the Kuwait Government to exert diplomatic efforts and to approach the UN to address the situation 210 nbsp Malaysia The Prime Minister of Malaysia Mahathir Mohamad criticised 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 211 nbsp Maldives Maldives Parliament Speaker and former president Mohamed Nasheed said that CAA is an internal issue of India and was democratically passed through both the houses of the Parliament 212 nbsp Pakistan Pakistan Prime Minister Imran Khan criticised the Act 213 Pakistan s National Assembly passed a resolution labelling 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 214 This act was denounced by both the Hindu and Sikh communities of Pakistan In particular it was rejected by the Pakistan Hindu Council a representative body of Hindus in the country Many lawmakers were vocal in voicing their protest over this legislation These included Lal Chand Malhi member of the national assembly from Pakistan s ruling party Tehreek e Insaf and Sachanand Lakhwani member of the provincial assembly of Sindh 215 nbsp Russia Deputy Russian Ambassador to India Roman Babushkin said that Russia considers the legislation an internal matter of India 216 nbsp Sri Lanka Prime Minister Mahinda Rajapaksa termed the CAA as an internal matter of India While answering a question about the non inclusion of Sri Lankan Tamil refugees he said Sri Lankans can return anytime they want Their houses are there They can come back anytime they want We have no objection Recently around 4 000 of them returned It all depends on what they want 217 nbsp United Kingdom The outgoing British High Commissioner to India Dominic Asquith said that the UK expressed hope that the Indian government will address concerns of the people as its manifesto commitment is sabka saath sabka vikas sabka vishvas with all development for all and trust of all 218 nbsp United States The United States Commission on International Religious Freedom USCIRF called for sanctions 219 against Amit Shah and other principal leadership over passage of the Bill 220 j 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 222 223 224 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 225 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 226 The President of the United States Donald Trump during his visit to India declined to comment on the CAA and said that it is up to India 227 Two city councils in Seattle and Cambridge passed resolutions asking India to repeal the Citizenship Amendment Act 228 Organisations edit nbsp European Union Ambassador of the European Union to India Ugo Astuto said that he trusts that the outcome of the CAA discussion would be in line with the high standards set by the Indian constitution 229 nbsp Organisation of Islamic Cooperation OIC expressed their concern about present situation of CAA NRC and urged the Government of India to ensure the safety of the Muslim minority and to follow obligation of Charter of the United Nations 230 nbsp United Nations The Office of the United Nations High Commissioner for Human Rights criticised 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 231 The Office of the United Nations High Commissioner for Human Rights has filed an intervention in the Supreme Court of India on the Citizenship Amendment Act CAA in 2020 232 See also editIllegal immigration to India Indian nationality law National Register of Citizens Refugees in India The Foreigners Act 1946 Illegal Migrants Determination by Tribunals Act 1983 Assam Accord 1985 1971 Bangladesh genocide Religious discrimination in Pakistan Communalism South Asia Sources editNotes edit Sharma 2019 p 523 First citizenship status biased towards religious identity is by no means a new idea A careful study of the policies and laws related to citizenship adopted since independence substantiate the assertion that citizenship in India has always been based on an implicit belief that India is for Hindus Sen 2018 pp 10 11 Nehru s response to Patel s warning made it clear that Muslim migrants from Pakistan could not join the ranks of refugees in India Thus despite broad public statements promising citizenship to all displaced persons from Pakistan Hindu migrants alone counted as citizen refugees in post partition India Jayal 2019 pp 34 35 While some elements of religious difference had been covertly smuggled in earlier this bill seeks to do so overtly According to the Indian Intelligence Bureau figures given to the Joint Parliamentary Committee 31 313 people were granted long term visas using the criteria mentioned in the Act They included 25 447 Hindus 5 807 Sikhs 55 Christians 2 Buddhists and 2 Parsis They were expected to be the immediate beneficiaries of the Act 13 14 15 The Act defines undivided India as India as defined in the Government of India Act 1935 as originally enacted 36 It included in addition to India the present day Pakistan and Bangladesh In 2012 the then CPI M general secretary Prakash Karat had written to Manmohan Singh who was prime minister at the time reminding him of his 2003 statement and urging him to make a suitable amendment in policy to allow minority community refugees easy citizenship 51 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 71 The excluded people of the Assam NRC were 0 5 million Bengali Hindus and 0 7 million Muslims with the remainder made up of local people and Hindus from north India 88 89 Road No 13 A Shaheen Bagh GD Birla Marg Mathura Road Kalindi Kunj Shaheen Bagh stretch is a border point that connects New Delhi to Noida and Faridabad The USCIRF had earlier expressed its support for the Lautenberg Specter Amendments a US law that is considered similar to the CAA 221 References edit a b MINISTRY OF HOME AFFAIRS NOTIFICATION S O 172 E PDF The Gazette of India 10 January 2020 Retrieved 10 January 2020 Citizenship Amendment Act comes into effect from today as MHA issues notification The Indian Express 10 January 2020 Citizenship Amendment Bill India s new anti Muslim law explained Archived 12 December 2019 at the Wayback Machine BBC News 11 December 2019 a b Parliament passes the Citizenship Amendment Bill 2019 pib gov in Retrieved 18 December 2019 a b c d Regan Helen Gupta Swati Khan Omar India passes controversial citizenship bill that excludes Muslims CNN 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 a b Slater Joanna 18 December 2019 Why protests are erupting over India s new citizenship law The Washington Post Archived from the original on 18 December 2019 Retrieved 18 December 2019 From CAA to Art 370 Abrogation 5 of Modi govt s boldest moves Free Press Journal 20 December 2020 Retrieved 2 January 2020 Sankalpit Bharat Sashakt Bharat Archived 10 November 2019 at the Wayback Machine BJP Sankalp Patra Lock Sabha 2019 Manifesto 2019 a b c Kaur Sandhu Kamaljit Singh Mausami 9 December 2019 Citizenship Amendment Bill has public endorsement was part of manifesto Amit Shah India Today 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 The Citizenship Amendment Bill 2019 PDF PRS India Archived from the original PDF on 12 December 2019 Retrieved 11 December 2019 For these groups of persons the 11 years requirement will be reduced to five years This is in addition to twelve month residency immediately preceding the citizenship application Saha Abhishek 20 January 2019 Explained Why Assam Northeast are angry Hindustan Times Retrieved 11 December 2019 How many immigrants will benefit from Citizenship Act 25 447 Hindus 5 807 Sikhs 55 Christians two Buddhists and two Parsis says Intelligence Bureau Firstpost Tripathi Rahul 17 December 2019 Citizenship Amendment Act decoded What it holds for India The Economic Times a b Intelligence Bureau to tap RAW to verify citizenship claims Archived 12 January 2020 at the Wayback Machine The Telegraph 9 January 2019 Spokesperson for the UN High Commissioner for Human Rights Archived 19 December 2019 at the Wayback Machine Jeremy Laurence United Nations High Commission for Refugees Geneva 13 December 2019 a b c Chaudhry Suparna 13 December 2019 India s new law may leave millions of Muslims without citizenship The Washington Post a b c d e Vishwanath Apurva Sheriff Kaunain 25 December 2019 Explained What NRC CAA means to you The Indian Express Gettleman Jeffrey Raj Suhasini 11 December 2019 Indian Parliament Passes Divisive Citizenship Bill Moving It Closer to Law The New York Times Retrieved 18 December 2019 a b c d Is India s claim about minorities true 12 December 2019 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 a b 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 Archived from the original on 24 December 2019 a b What Does India s New Citizenship Law Mean The New York Times 13 December 2019 ISSN 0362 4331 Archived from the original on 19 December 2019 Is India s claim about minorities true 12 December 2019 Samuel Sigal 12 December 2019 India just redefined its citizenship criteria to exclude Muslims Vox a b Saha Abhishek 20 January 2019 Explained Why Assam Northeast are angry The Indian Express a b Choudhury Ratnadip 21 December 2019 Want Peace Not Migrants Thousands Of Women Protest Citizenship Act Across Assam NDTV com a b Gollom Mark 17 December 2019 Why India s controversial citizenship law has sparked violent protests CBC News a b Pokharel Krishna 17 December 2019 India Citizenship Protests Spread to Muslim Area of Capital The Wall Street Journal Archived from the original on 23 December 2019 Ellis Petersen Hannah 17 December 2019 India protests students condemn barbaric police The Guardian ISSN 0261 3077 Nath Hemanta Kumar 12 November 2019 1 000 detained as anti Citizenship Amendment Bill protests intensify in Assam Dutta Prabhash 19 December 2019 Violent protests against Citizenship Amendment Act Who will pay for damages India Today a b Sporadic protests in MP against CAA Outlook 19 December 2019 Jaffrelot Christophe August 2019 A De Facto Ethnic Democracy In Chatterji Angana P Hansen Thomas Blom Jaffrelot Christophe eds Majoritarian State How Hindu Nationalism Is Changing India Oxford University Press pp 41 67 ISBN 978 0 19 007817 1 Archived from the original on 17 December 2019 Retrieved 16 December 2019 a b Thakur Apurva 31 March 2018 Why the Citizenship Amendment Bill Goes Against the Basic Tenets of the Constitution EPW Engage vol 53 no 13 pp 7 8 archived from the original on 18 December 2019 Roy 2010 pp 33 34 Universal s The Citizenship Act 1955 2004 p 13 item 2 1 h Roy 2010 pp 37 38 Universal s The Citizenship Act 1955 2004 See p 15 clause 5 for seven years see p 27 The Third Schedule for eleven years followed by twelve months Niraja Gopal Jayal 2019 Reconfiguring Citizenship in Contemporary India Journal of South Asian Studies 42 1 pp 34 36 context 33 50 doi 10 1080 00856401 2019 1555874 Quote From the 1980s onwards the legal and constitutional conception of the Indian citizen started to undergo a subtle transformation through amendments to the Citizenship Act in response to political developments The latest in a series of such amendments is the Citizenship Amendment Bill introduced in parliament in July 2016 and passed in the lower house of India s parliament in January 2019 The present amendment consolidates a trend that began with the Citizenship Amendment Bill 1985 which amended the provisions pertaining to naturalisation This gave legal expression to the Assam Accord between the Rajiv Gandhi government and the Assamese students organisations that had led the agitation against the enfranchisement of migrants from Bangladesh in Assam The 1985 amendment to the Citizenship Act that followed the Accord introduced a new section titled Special Provisions as to Citizenship of Persons Covered by the Assam Accord Seeking to allay anxieties about migrants who had come in from Bangladesh Sangeeta Barooah Pisharoty 2019 Assam The Accord The Discord Penguin pp 1 14 Chapters Introduction 2 9 10 ISBN 978 93 5305 622 3 a b Sharma 2019 p 522 a b Niraja Gopal Jayal 2019 Reconfiguring Citizenship in Contemporary India Journal of South Asian Studies 42 1 pp 34 36 context 33 50 doi 10 1080 00856401 2019 1555874 Quote The Accord was entered into in 1985 after the agitation led to the Nellie massacre during the election of 1983 The enfranchisement of the migrants was widely attributed to the Congress The common perception was that all Bangladeshi immigrants were Muslims and the Congress Party was seen as the prime beneficiary of their votes The Accord put in place measures for the detection of foreigners and their deletion from the state s electoral rolls As Kamal Sadiq s book showed illegal migrants were more likely to be in possession of documentary citizenship papers like ration cards and voter cards certifying their citizenship while natives and their descendants might well have no documentation at all Mihika Poddar 2018 The Citizenship Amendment Bill 2016 international law on religion based discrimination and naturalisation law Indian Law Review 2 1 108 118 doi 10 1080 24730580 2018 1512290 Hazarika Sanjoy 13 December 2019 Assam and the CAB CNBC TV18 In the 1980s the Congress Party faced the brunt of the anti foreigner movement with confrontation and violence erupting in the state till a 1985 accord with the government of then prime minister Rajiv Gandhi appeared to assuage the situation Foreign nationals would be detected and expelled as per provisions of law after 1971 it said and the people of the state would be provided preferential treatment and constitutional safeguards to protect their identity Roy 2010 p 138 Universal s The Citizenship Act 1955 2004 p 2 Sinharay Praskanva 4 March 2019 To Be a Hindu Citizen Politics of Dalit Migrants in Contemporary West Bengal South Asia Journal of South Asian Studies 42 2 359 374 doi 10 1080 00856401 2019 1581696 ISSN 0085 6401 S2CID 150566285 Citizenship Amendment Bill India s new anti Muslim law explained BBC News 11 December 2019 Dual Citizenship Bill passed in Rajya Sabha Archived 28 December 2019 at the Wayback Machine The Hindu 19 December 2003 Neena Vyas Anita Joshua Dual citizenship Bill passed Archived 28 December 2019 at the Wayback Machine The Hindu 23 December 2003 By Listing Religions Modi s CAA Broke Atal Manmohan Left Concord on Persecuted Minorities Archived 29 December 2019 at the Wayback Machine The Wire 29 December 2019 Parliamentary Debates Official Report Archived 28 August 2022 at the Wayback Machine Volume 200 Number 13 Rajya Sabha Secretariat Government of India 18 December 2003 page 383 Quote After the partition of our country the minorities in countries like Bangladesh have faced persecution and it is our moral obligation that if circumstances force people these unfortunate people to seek refuge in our country our approach to granting citizenship to these unfortunate persons should be more liberal I sincerely hope that the hon Deputy Prime Minister will bear this in mind in charting out the future course of action with regard to the Citizenship Act BJP digs up Manmohan speech seeking citizenship for persecuted refugees Archived 20 December 2019 at the Wayback Machine The Times of India 20 December 2019 A tale of two demands Archived 5 January 2020 at the Wayback Machine The Hindu 10 December 2019 Historical Promises Archived 26 December 2019 at the Wayback Machine The Pioneer 24 December 2019 a b M K Venu By Listing Religions Modi s CAA Broke Atal Manmohan Left Concord on Persecuted Minorities Archived 29 December 2019 at the Wayback Machine The Wire 29 December 2019 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 Ranjan 2019 p 4 Shamshad Rizwana 2017 Bangladeshi Migrants in India Foreigners Refugees or Infiltrators Oxford University Press pp 99 100 ISBN 978 0 19 909159 1 Quote The electoral rolls prepared for the election found that the number of voters had increased significantly There were complaints against the sudden inclusion of 70 000 foreigners in the voter list No Hindus will be left in Bangladesh after 30 years professor The Hindu 22 November 2016 via www thehindu com a b No Hindus will be left after 30 years Archived 2 February 2021 at the Wayback Machine Dhaka Tribune 20 November 2016 Himadri Chatterjee Why Scheduled Caste Refugees of Bengal Are Resisting CAA and NRC Archived 1 January 2020 at the Wayback Machine The Wire 31 December 2019 Gillan 2007 p 85 Quoting Ranabir Sammadar Not only are the Muslim peasants depeasantized pauperized and lumpenized on their arrival in India the Hindu peasantry of Bangladesh is cynically and most systematically robbed of land on communal considerations in the villages of Bangladesh and the peasants are thus forced to flee Jaffrelot Christophe 2015 The Pakistan Paradox Instability and Resilience Oxford University Press pp 331 333 ISBN 978 0 19 061330 3 Why Pakistani Hindus leave their homes for India Archived 5 December 2019 at the Wayback Machine BBC News 28 October 2015 Shreyasee Raj Safe But Betrayed Pakistani Hindu Refugees in India Archived 31 May 2019 at the Wayback Machine The Diplomat 22 January 2019 Sarker 2017 pp 21 22 US Department of State 1991 World Refugee Report The Bureau for Refugee Programs US Government pp 42 43 a b Ahmad Nafees 12 September 2017 The Status of Refugees in India Fair Observer a b Suryanarayan V Ramaseshan Geeta 25 August 2016 Citizenship without bias The Hindu ISSN 0971 751X A question of fair play The Statesman 10 October 2016 Archived from the original on 22 December 2019 Retrieved 22 December 2019 India Archived 19 December 2019 at the Wayback Machine UNHCR Global Appeal 2011 a b Explained What is Citizenship Amendment Act The Indian Express 19 December 2019 Sarker 2017 pp 55 67 192 198 Gupta 2019 pp 2 3 Roy 2019 p 28 BJP offer of natural home for Hindu refugees triggers debate Hindustan Times 9 April 2014 Exemptions to minority community nationals from Bangladesh and Pakistan in regularization of their entry and stay in India Archived 16 December 2019 at the Wayback Machine Ministry of Home Affairs 7 September 2015 a b c The Gazette of India Issue 553 of 2015 Archived 16 December 2019 at the Wayback Machine 8 September 2015 a b Lok Sabha passes Citizenship Bill amid protests seeks to give citizenship to non Muslims from 3 countries India Today Retrieved 26 January 2019 a b c d e f The Citizenship Amendment Bill 2019 Highlights Issues and Summary PRS Legislative Research 9 December 2019 a b Explained Why Assam Northeast are angry The Indian Express 20 January 2019 Retrieved 14 February 2019 a b c Niraja Gopal Jayal 2019 Reconfiguring Citizenship in Contemporary India Journal of South Asian Studies 42 1 p 37 context 33 50 doi 10 1080 00856401 2019 1555874 Roy 2019 p 29 Accord between AASU AAGSP and the Central Government on the Foreign National Issue Archived 21 December 2019 at the Wayback Machine Assam Accord United Nations Archives 15 August 1985 Gupta 2019 Chanakya 7 December 2019 The CAB NRC package is flawed and dangerous Hindustan Times Assam NRC What next for 1 9 million stateless Indians Archived 8 January 2020 at the Wayback Machine BBC News 31 August 2019 Citizenship Amendment Bill Anti Muslim law challenged in India court BBC 12 December 2019 Retrieved 16 December 2019 Five lakh Bengali Hindu NRC rejects will get citizenship Archived 12 December 2019 at the Wayback Machine The Times of India 11 December 2019 Sanjoy Hazarika Assam s Tangled Web of Citizenship and the Importance of a Consensus Archived 21 December 2019 at the Wayback Machine The Hindu Centre for Politics and Public Policy 18 October 2019 Amit Shah NRC to apply nationwide no person of any religion should worry India Today 20 November 2019 Retrieved 22 December 2019 BJP manifesto 2019 Top 10 promises for next 5 years Archived 2 November 2019 at the Wayback Machine India Today 18 April 2019 Quote We are committed to the enactment of the Citizenship Amendment Bill for the protection of individuals of religious minority communities from neighbouring countries escaping persecution We reiterate our commitment to protect the linguistic cultural and social identity of the people of Northeast Hindus Jains Buddhists and Sikhs escaping persecution from India s neighbouring countries will be given citizenship in India India s Government Considers a Muslim Ban Archived 23 December 2019 at the Wayback Machine The Wall Street Journal Sadanand Dhume 18 April 2019 a b Jain Bharti 10 December 2019 Bringing ILP for Manipur 3 NE states will be out of CAB The Times of India India s new citizenship law outrages Muslims The Economist 12 December 2019 ISSN 0013 0613 Archived from the original on 23 December 2019 When Amit Shah India s home minister proposed his bill in parliament on December 9th he framed it as an act of mercy Henceforth he promised people who have fled persecution in neighbouring countries and taken refuge in India would be granted quicker access to citizenship Explained Why the Citizenship Amendment Bill is dead for now The Indian Express 13 February 2019 Retrieved 14 February 2019 Controversial Citizenship Amendment Bill to Be Tabled in Lok Sabha on Monday The Wire Retrieved 8 December 2019 Citizenship Bill gets Lok Sabha nod Rajya Sabha test next Hindustan Times 9 December 2019 Citizenship Bill has smooth sail in Lok Sabha will Amit Shah clear Rajya Sabha test India Today Ist 10 December 2019 Citizenship Amendment Bill Federal US commission seeks sanctions against home minister Amit Shah The Times of India 10 December 2019 Das Shaswati 9 December 2019 Amit Shah to table Citizenship Amendment Bill in Lok Sabha today Livemint a b c Nath Damini Singh Vijaita 11 December 2019 After a heated debate Rajya Sabha clears Citizenship Amendment Bill The Hindu ISSN 0971 751X a b CAB set to be law as RS passes it 125 105 indefinite curfew and Army in Guwahati The Times of India 12 December 2019 Citizenship Amendment Bill gets President s assent becomes act The Economic Times Press Trust of India 13 December 2019 a b c d e f The Citizenship Amendment Act 2019 PDF The Gazette of India 12 December 2019 Union Minister gives citizenship papers to Pak refugees Outlook India 21 December 2019 Retrieved 21 December 2019 The Gazette of India Issue 495 of 2016 Archived 4 August 2016 at the Wayback Machine 18 July 2016 Nair Sobhana K 23 November 2019 NRC is anti Indian citizen The Hindu Nair Sobhana K 5 December 2019 Opposition to reach out to people about pitfalls of Citizenship Amendment Bill The Hindu Citizenship Act will benefit only 31 313 not lakhs Deccan Herald 15 December 2019 The Citizenship Amendment Bill 2019 Bill Summary PRS Legislative Research Archived from the original on 10 December 2019 Retrieved 10 December 2019 Saha Abhishek 9 December 2019 Explained Where the Citizenship Amendment Bill does not apply The Indian Express What is the Citizenship Amendment Bill 2016 India Today Retrieved 26 January 2019 India s Parliament passes contentious citizenship bill excluding Muslims Japan Times 12 December 2019 ISSN 0447 5763 V Suryanarayan SAAG 16 November 2019 Plea To Render Justice For Malaiha Hill Country Tamil Refugees From Sri Lanka OpEd Eurasia Review Refworld India 1 Legal status of Tibetan refugees 2 Rights of Tibetans to Indian nationality Refworld India Citizenship Bill Discriminates Against Muslims Human Rights Watch 11 December 2019 Reality check Before PM Modi s distancing from pan India NRC there was Amit Shah s underlining Archived 14 January 2020 at the Wayback Machine The Indian Express 23 December 2019 Rohini Mohan Inside India s Sham Trials That Could Strip Millions of Citizenship Archived 10 January 2020 at the Wayback Machine VICE News 29 July 2019 Ravi Agrawal Kathryn Salam India Is Betraying Its Founding Fathers Archived 24 January 2021 at the Wayback Machine Foreign Policy 17 December 2019 But with the new citizenship act Hindus can potentially claim they are immigrants from Afghanistan Bangladesh or Pakistan and gain a route to citizenship Muslims on the other hand could be at risk of being declared foreigners if they can t produce documentation Apurva Vishwanath M Kaunain Sheriff Explained What NRC CAA means to you Archived 8 March 2021 at the Wayback Machine The Indian Express 25 December 2019 Amit Shah said in Parliament that no documents will be asked of those who apply for citizenship under the new law giving a possible exit route to some of the Hindus potentially excluded from the NRC the CAA shield is not available to the Muslims If a Muslim cannot meet the eligibility criteria for NRC she will lose citizenship when the NRC is published without her name Kaushik Deka Everything you wanted to know about the CAA and NRC Archived 23 December 2019 at the Wayback Machine India Today 23 December 2019 since the CAA will provide citizenship to non Muslim illegal immigrants from three countries only Muslim immigrants will be left out when the NRC is rolled out Shylashri Shankar How Democratic Processes Damage Citizenship Rights Archived 16 February 2020 at the Wayback Machine OPEN Magazine 16 December 2019 For a non Muslim who may have lived in India for centuries but who doesn t have a birth certificate all is not lost He or she can argue that they have no place to go or that they have fled these neighbouring countries to escape persecution and have left their documents behind But a document less Muslim cannot make such an argument because the CAA does not include Muslim minorities Shoaib Daniyal Four myths about the Citizenship Bill from fighting religious persecution to helping NRC excluded Archived 9 December 2019 at the Wayback Machine Scroll in 8 December 2019 Bhattacharjee Kallol 13 December 2019 India Japan Guwahati summit cancelled in view of protests The Hindu ISSN 0971 751X India protests spread over anti Muslim law Saudi Gazette 13 December 2019 a b c d India protesters block roads over citizenship law BBC 14 December 2019 Travel Alert for U S Citizens Protests in Northeastern States U S Embassy amp Consulates in India 13 December 2019 Retrieved 14 December 2019 Anti Citizenship Act protests U S U K France Israel issue travel advisories The Hindu 14 December 2019 ISSN 0971 751X a b Kumar Nath Hemanta Kumar Mishra Ashutosh 11 December 2019 Shutdown in Northeast furore across nation as Citizenship Amendment Bill set for Rajya Sabha test today India Today Ravi Sidharth 11 December 2019 Protests against CAB spill on to Delhi streets The Hindu ISSN 0971 751X Bengaluru Citizens protest against Citizenship Amendment Bill Deccan Chronicle 9 December 2019 Moin Ather 11 December 2019 CAB triggers protests in Hyderabad Deccan Chronicle Internet banned in India s Uttar Pradesh amid anger over killings Al Jazeera Retrieved 30 December 2019 These Are the 25 People Killed During Anti Citizenship Amendment Act Protests The Wire Retrieved 29 December 2019 a b c Roy Souvik Mukherjee Milan Sinha Priyadarsini Das Sukanta Bandopadhyay Subhasis Mukherjee Abhik 21 February 2021 Exploring the dynamics of protest against National Register of Citizens amp Citizenship Amendment Act through online social media the Indian experience arXiv 2102 10531 cs CY Srivastava Praveen Ranjan Eachempati Prajwal 1 September 2021 Gauging Opinions About the Citizenship Amendment Act and NRC A Twitter Analysis Approach Journal of Global Information Management JGIM 29 5 176 193 doi 10 4018 JGIM 20210901 oa10 ISSN 1062 7375 Indian Americans protest against CAA NRC in front of Gandhi statue in Washington The Hindu 23 December 2019 ISSN 0971 751X Retrieved 24 December 2019 A billion people on trial Indian anti CAA protestors get support from academicians in Melbourne SBS Your Language Retrieved 3 September 2020 Indo Australian academics gather in Melbourne to express solidarity with anti CAA protestors in India National Herald 29 January 2020 Retrieved 3 September 2020 Anti CAA Protests Go Global Chants of Azaadi Echo In Berlin The Quint 24 December 2019 Retrieved 25 December 2019 Indians in Finland raise slogans read Preamble at anti CAA protest in Helsinki The News Minute 22 December 2019 Retrieved 5 January 2020 Citizenship Act Indian diaspora organises protests at several universities in US UK France The Scroll 20 December 2019 Retrieved 28 December 2019 CAA Protests Indian Students Worldwide Raise Voices in Solidarity The Wire 23 December 2019 Retrieved 28 December 2019 India citizenship law protests spread across campuses Reuters 16 December 2019 Retrieved 16 December 2019 Demonstration was not held in campus locals too participated in it Jamia Millia Islamia The Times of India Anti CAA protest not held in campus says Jamia admin India Today 15 December 2019 Hilal Ahmed Who represents India s Muslims Thanks to CAA protests we now know the answer Archived 17 January 2020 at the Wayback Machine The Print 17 January 2020 Shaheen Bagh The women occupying Delhi street against citizenship law I don t want to die proving I am Indian BBC 4 January 2020 Archived from the original on 8 January 2020 Retrieved 13 January 2020 Bakshi Asmita 2 January 2020 Portraits of resilience the new year in Shaheen Bagh Livemint Archived from the original on 13 January 2020 Retrieved 13 January 2020 Shaheen Bagh residents brave the cold as anti CAA stir enters Day 15 The Hindu 29 December 2019 ISSN 0971 751X Archived from the original on 13 January 2020 Retrieved 13 January 2020 Organiser Calls Off Shaheen Bagh Anti CAA Protest Locals Continue Dharna The Wire 2 January 2020 Archived from the original on 13 January 2020 Retrieved 13 January 2020 7 Dead In Delhi Clashes Government Rules Out Calling Army Say Sources NDTV com Retrieved 25 February 2020 Death toll rises upto 42 in Delhi Riots The Economic Times 29 February 2020 India PM plea for calm as citizenship unrest rages BBC 16 December 2019 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 Archived from the original on 16 December 2019 Retrieved 16 December 2019 PM Narendra Modi was right no talk on pan Indian NRC for now Amit Shah Business Standard 25 December 2019 Retrieved 29 December 2019 India police ban protests against citizenship law 19 December 2019 Section 144 in The Code Of Criminal Procedure 1973 indiankanoon org Archived from the original on 18 September 2019 Retrieved 19 December 2019 Hundreds detained in India over citizenship protest 19 December 2019 Anti CAA Protests Live Updates 19 Delhi Metro stations shut scores detained in multiple cities Business Today CAA protest LIVE 18 Delhi metro stations shut protestors defy Section 144 Business Standard ABVP BJP members take out pro Citizenship Act march in Pune Archived 21 December 2019 at the Wayback Machine Business Standard 19 December 2019 BHU Students hold rally in support of CAA and NRC Archived 8 January 2020 at the Wayback Machine United News of India 17 December 2019 BJP takes out rallies in West Bengal in support of citizenship Law Archived 18 December 2019 at the Wayback Machine The Times of India 17 December 2019 BJP holds rally supporting CAA in Jaipur Archived 22 December 2019 at the Wayback Machine Outlook India 20 December 2019 Demonstration in support of CAA The Hindu 21 December 2019 ISSN 0971 751X Protest in Delhi Today People gather at Delhi s Central Park raise slogans in support of CAA The Times of India 20 December 2019 Human chain in support of CAA NRC formed in Pune even as protests against Act grow Hindustan Times 22 December 2019 Citizenship Act Hundreds of people form pro CAA human chain in Pune Business Standard India 22 December 2019 ABVP members hold rally in support of CAA NRC in Kerala Business Standard 10 January 2020 CAA supporters protesters have town hall The Times of India 22 December 2019 When Your Inner Voice Starts Hating the Outer You or Why I Resigned from ABVP Assam ABVP National Executive Joins Protest Against Citizenship Amendment Act INSIDENE 15 December 2019 Swing between hope amp despair The Telegraph Kolkota 13 December 2019 Dutta Taniya 14 December 2019 Pakistani Hindu migrants celebrate Indian citizenship promise while Muslims protest The National Citizenship law will be implemented so will be NRC Nadda after meeting refugees from Afghanistan India Today 19 December 2019 As India eases citizenship path for Hindus Rohingya Muslims fear expulsion Reuters 15 November 2018 Rohingya wary of future after CAA don t want to return to Myanmar The Hindu 22 December 2019 ISSN 0971 751X Police Warn Rohingya Muslims To Stay Silent As CAA Protests Roil India HuffPost India 18 December 2019 Rana Yudhvir 31 January 2020 Hindus from Pak visiting Punjab worry agencies The Times of India What you should know about India s anti Muslim citizenship bill Al Jazeera 9 December 2019 Varma Anuja and Gyan 14 December 2019 President gives assent to CAB 5 states refuse to implement it livemint com Nath Hemanta Kumar 20 December 2019 Cong govts in Punjab MP Rajasthan Chhattisgarh Puducherry won t implement CAA Harish Rawat India Today PM Modi counters what Amit Shah BJP manifesto say on bringing all India NRC India Today 22 December 2019 Retrieved 23 December 2019 a b CAA Challenge SC lists matter on 18 December One Law Street 15 March 2020 Retrieved 19 April 2020 Anti Muslim citizenship law challenged in India court BBC 12 December 2019 Retrieved 17 December 2019 Anti Muslim citizenship law challenged in India court BBC 12 December 2019 Bagriya Ashok 18 December 2019 Supreme Court refuses stay on Citizenship Amendment Act issues notice to Centre Hindustan Times Retrieved 18 December 2019 a b CAA SC awaits Center s response Plea for Constitution Bench reference One Law Street 17 January 2020 Retrieved 19 April 2020 CAB Could Be Misused By Foreign Agents to Infiltrate India RAW Had Said The Wire 9 December 2019 Retrieved 16 December 2019 India will face international isolation because of NRC CAA Shiv Shankar Menon The Hindu 3 January 2020 Retrieved 3 January 2020 Harish Salve says CAB is pro minorities does not violate Article 14 15 or 21 The Free Press Journal 11 December 2019 CAA is a humanitarian act expat Bangladesh minorities The Hindu Press Trust of India 27 December 2019 ISSN 0971 751X National Sikh Front backs Citizenship Act Outlook India a b India will become unconstitutional ethnocracy Over 1 000 scholars scientists seek withdrawal of Citizenship Bill India Today 10 December 2019 1 000 academics come out in support of CAA The Times of India 22 December 2019 Academics intellects issue joint statement supporting CAA Outlook India 21 December 2019 Mudur G S CAA NRC a road to Hindu Rashtra Author Neeti Nair is currently exploring the challenges to secularism in India The Telegraph TE TE Retrieved 2 November 2020 Sanjiv Deepthi 15 January 2020 CAA an attempt to convert India into Hindu Rashtra Activist in Mangaluru rally The Times of India TOI Retrieved 2 November 2020 CAA first step towards Hindu rashtra says Indira Jaising at AIPC s secular march Onmanorama Retrieved 5 November 2020 Agrawal Purushottam 26 January 2020 How close is the Republic to the nightmare of a Hindu Rashtra National Herald NH NH Retrieved 5 November 2020 Verma Maansi India has long granted citizenship to refugees CAA is just a step towards a Hindu Rashtra The Caravan Caravan Retrieved 5 November 2020 Thakur Ramesh 13 January 2020 Modi s project to make a Hindu India The Japan Times Japan Times Retrieved 5 November 2020 Haider Suhasini 19 January 2020 Former Afghanistan President Hamid Karzai urges India to treat all minorities including Muslims equally The Hindu Retrieved 20 January 2020 Australia Greens MP Tables Motion Against CAA Calls for Review of Trade Links With India The Wire Retrieved 3 September 2020 Bahrain Urges India to Refrain from CAA Implementation Gulf Insider 3 January 2020 Retrieved 23 February 2020 Citizenship Amendment Bill could weaken India s secular character says Bangladesh s Foreign Minister National Herald 12 December 2019 Bhattacharjee Kallol 19 January 2020 India s new citizenship law unnecessary says Sheikh Hasina The Hindu Retrieved 19 January 2020 CAB India s key ally France calls CAA country s internal matter The Financial Express 16 December 2019 Kuwaiti MPs express deep concern over situation of Muslims in India China Gulf Business 26 December 2019 Retrieved 23 February 2020 People dying Malaysia s Mahathir slams India s citizenship law Archived 2 January 2020 at the Wayback Machine Al Jazeera ANI 14 December 2019 CAA is internal issue of India Maldives Speaker Mohamed Nasheed Business Standard India Imran Khan blasts Citizenship Amendment Bill says it violates bilateral agreements India Today 10 December 2019 NA condemns India over controversial citizenship act Archived 4 January 2020 at the Wayback Machine Dawn 17 December 2019 Pakistani Hindus say citizenship law is divisive The Week Retrieved 21 March 2020 Chaudhury Dipanjan Roy 23 December 2019 India s Citizenship Amendment Act is a domestic matter Russia The Economic Times Mohan Geeta 9 February 2020 Sri Lankan PM Rajapaksa reaches Delhi says CAA internal matter of India India Today Retrieved 4 March 2020 Hope Indian govt will address concerns on CAA UK India News The Times of India 30 January 2020 Retrieved 27 February 2020 USCIRF Raises Serious Concerns and Eyes Sanctions Recommendations for Citizenship Amendment Bill in India Which Passed Lower House Today United States Commission on International Religious Freedom 9 December 2019 Archived from the original on 10 December 2019 Retrieved 10 December 2019 Federal US commission seeks sanctions against Amit Shah if CAB passed in Parliament India Today 10 December 2019 CAA has corollary in US Lautenberg Amendment The Economic Times 18 January 2020 USCIRF statement on CAB neither accurate nor warranted MEA The Times of India 10 December 2019 It has no locus standi MEA on USCIRF s citizenship bill statement The Economic Times 10 December 2019 US Commission Statement On Citizenship Bill Not Accurate Government NDTV com Raj Yashwant H Laskar Rezaul 11 December 2019 US panel for sanctions over Citizenship Amendment Bill India says it is biased Hindustan Times Archived from the original on 17 December 2019 Retrieved 17 December 2019 India has robust domestic debate says Pompeo on citizenship law The Hindu 19 December 2019 ISSN 0971 751X Don t want to say anything on CAA it is up to India Donald Trump The Economic Times 25 February 2020 Retrieved 4 March 2020 Ali Mohammad Another US city passes resolution against India s citizenship law Aljazeera Retrieved 5 May 2021 EU to India Hope CAB Is in Line with High Standards of Indian Constitution The Wire OIC expresses concern over CAA says closely following developments The Economic Times 23 December 2019 Retrieved 31 December 2019 New citizenship law in India fundamentally discriminatory UN human rights office UN News United Nations 13 December 2019 Archived from the original on 17 December 2019 Retrieved 17 December 2019 UN High Commissioner for Human Rights files intervention application in Supreme Court against CAA The Hindu 3 March 2020 Retrieved 21 March 2020 Bibliography edit Universal s The Citizenship Act 1955 PDF Universal Law Publishing Co United Nations High Commission for Refugees 2004 Das Pushpita 2016 Illegal Migration From Bangladesh Deportation Border Fences and Work Permits PDF Institute for Defence Studies and Analyses ISBN 978 93 82169 69 7 Gillan Michael 2007 Refugees or infiltrators The Bharatiya Janata Party and illegal migration from Bangladesh Asian Studies Review 26 1 73 95 doi 10 1080 10357820208713331 ISSN 1035 7823 S2CID 146522066 Jayal Niraja Gopal 2013 Citizenship and its Discontents An Indian History Harvard University Press ISBN 978 0 674 06758 5 Jayal Niraja Gopal 2019 Reconfiguring Citizenship in Contemporary India South Asia Journal of South Asian Studies 42 1 33 50 doi 10 1080 00856401 2019 1555874 ISSN 0085 6401 S2CID 151037291 Gupta Kanchan 2019 Beyond the poll rhetoric of BJP s contentious Citizenship Amendment Bill Orf Observer Research Foundation Kudaisya Gyanesh 2006 Divided Landscapes Fragmented Identities East Bengal Refugees and Their Rehabilitation in India 1947 79 Singapore Journal of Tropical Geography 17 1 24 39 doi 10 1111 j 1467 9493 1996 tb00082 x ISSN 0129 7619 Nakatani Tetsuya 2000 Away from Home The Movement and Settlement of Refugees from East Pakistan in West Bengal India Journal of the Japanese Association for South Asian Studies 2000 12 73 109 doi 10 11384 jjasas1989 2000 73 Poddar Mihika 2018 The Citizenship Amendment Bill 2016 international law on religion based discrimination and naturalisation law Indian Law Review 2 1 108 118 doi 10 1080 24730580 2018 1512290 S2CID 158325181 Ranjan Amit 2019 National Register of Citizen Update History and its impact Asian Ethnicity 22 3 1 17 doi 10 1080 14631369 2019 1629274 S2CID 198727392 Roy Anupama 2010 Mapping Citizenship in India OUP India ISBN 978 0 19 908820 1 Roy Anupama 14 December 2019 The Citizenship Amendment Bill 2016 and the Aporia of Citizenship Economic and Political Weekly 54 49 Roy Haimanti 2013 Partitioned Lives Migrants Refugees Citizens in India and Pakistan 1947 65 OUP India ISBN 978 0 19 808177 7 Sadiq Kamal 2008 Paper Citizens How Illegal Immigrants Acquire Citizenship in Developing Countries Oxford University Press ISBN 978 0 19 970780 5 Sarker Shuvro Prosun 2017 Refugee Law in India The Road from Ambiguity to Protection Springer ISBN 978 981 10 4807 4 Sen Uditi 2018 Citizen Refugee Forging the Indian Nation after Partition Cambridge University Press ISBN 978 1 108 42561 2 Shamshad Rizwana 2017 Bangladeshi Migrants in India Foreigners Refugees or Infiltrators OUP India ISBN 978 0 19 909159 1 Sharma Chetna 2019 Citizenship Amendment Bill 2016 Continuities and contestations with special reference to politics in Assam India Asian Ethnicity 20 4 522 540 doi 10 1080 14631369 2019 1601993 S2CID 150837053 Sinharay Praskanva 2019 To Be a Hindu Citizen Politics of Dalit Migrants in Contemporary West Bengal South Asia Journal of South Asian Studies 42 2 359 374 doi 10 1080 00856401 2019 1581696 S2CID 150566285 Weiner Myron June 1983 The Political Demography of Assam s Anti Immigrant Movement Population and Development Review Population Council 9 2 279 292 doi 10 2307 1973053 JSTOR 1973053Further reading edit The Citizenship Amendment Bill 2016 Highlights and Summary PRS Legislative Research Constitutionality of Citizenship Amendment Act 2019 Timeline of hearing before the Supreme Court of India One Law Street 16 April 2020 Malik Shahnawaz Ahmed 21 July 2020 Future of Citizenship Laws in India With Special Reference to Implementation of NRC in Assam Journal of Legal Studies and Research 6 4 ISSN 2455 2437 SSRN 3665733 External links edit nbsp Wikimedia Commons has media related to Citizenship Amendment Act 2019 nbsp Wikiquote has quotations related to Citizenship Amendment Act 2019 nbsp Wikisource has original text related to this article Citizenship Amendment Act 2019 The Citizenship Amendment Act 2019 PDF The Gazette of India 2019 Notification of The Citizenship Amendment Act 2019 PDF The Gazette of India 10 January 2020 Report of Refugee Populations in India PDF Human Rights Law Network 2007k Passport Entry into India Amendment Rules 2015 and Foreigners Amendment Order 2015 PDF The Gazette of India pp No 553 8 September 2015 Citizenship Amendment Bill as introduced in Lok Sabha 2016 PDF PRS Legislative Research 2016 archived from the original PDF on 14 January 2021 retrieved 21 December 2019 Report of the Joint Parliament Committee PDF Lok Sabha Secretariat 2019 via PRS Legislative Research archived from the original PDF on 24 January 2021 retrieved 21 December 2019 Citizenship Amendment Bill as introduced in Lok Sabha 2019 PDF PRS Legislative Research 2019 archived from the original PDF on 12 December 2019 retrieved 11 December 2019 Citizenship Amendment Bill as passed by the Lok Sabha 2019 PDF PRS Legislative Research 2019 archived from the original PDF on 21 January 2021 retrieved 21 December 2019 Retrieved from https en wikipedia org w index php title Citizenship Amendment Act 2019 amp oldid 1181311240, wikipedia, wiki, book, books, library,

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