Difference between revisions of "Citizenship Amendment act"

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(it is not uncounstitunal this bill is not taking the citizenship of any community but only giving the citizenship.)
 
(No difference)

Latest revision as of 10:01, 27 March 2020

Total sections :- 5 Enforcement date:- 30 December,1955 Enforcement year:- 1955 Amended on:- 10 January 2020

The need of the CAA can be traced back to the Liberation war of Bangladesh in 1971. At the time of partition of India and Pakistan in 1947, the whole nation was divided into two parts namely India and the two territories of Pakistan: East Pakistan (Present day Bangladesh) and West Pakistan (Present day Pakistan). The populace of Bangladesh was agitated by reasons of both economic and religious exploitation. However, language played the major role in the outbreak of the long war. Declaration of Urdu as the official language of the whole Pakistan by Mohammad Ali Jinnah laid the foundation of the war of 1971 because most of the residents were not well versed with the official language. Besides all this, the cyclones of 1970 and the non-reasonable violence of army to control the Bengali rebellions at Bangladesh that took place on March 25, 1971 led the formation of treaty of friendship between India and Bangladesh. Why did young India sign the treaty and what it was? The vast territory of India was surrounded by Pakistan on both sides possessing a great threat to its security. Thence India decided to liberate Bangladesh from Pakistan by assisting military aid. However, many Bangladeshi people took refuge in India and entered the north east territory of India specially Assam. But the problem arises when the Assamese people saw them as a threat to their culture and emphasized the need of the Assam Accord. [1]. Bangladesh war of independence available at: https://www.newworldencyclopedia.org/entry/Bangladesh_war_of_independence

                            CITIZENSHIP AMENDMENT ACT, 2019

[2] Citizenship Amendment Act available at: https://en.m.wikipedia.org/wiki/Citizenship_(Amendment)_Act,_2019 (Last Modified January 23, 2020)

Provisions of CAA available at:

[3] Provisions of CAA available at: https://www.thehindu.com/news/national/citizenship-amendment-act-comes-into-effect-from-jan-10/article30537592.ece =

[4]  CAA provisions for OCI available at: 

https://economictimes.indiatimes.com/news/et-expains/citizenship-amendment-bill (Last Modified December 31, 2019)

However, the act also safeguards the north eastern region of the state by providing that the areas covered under the sixth schedule of COI (tribal areas of Assam, Meghalaya, Mizoram and Tripura) will not be taken into account in the process of application of the act. The same applies to the regions mentioned in ILP (Inner Line Permit) noted in Bengal Eastern Frontier Regulation, 1873. These areas include the regions of Arunachal Pradesh, Nagaland, Mizoram and Meghalaya being the latest entrant). [5] citizenship amendment act.


• In Amb Satish Chandra's Citizenship Amendment Act: Uncalled for Protests, it is said that has not suddenly enacted but was introduced once in 2016. However, BJP Government has been successful in proving the allegations by the protestors wrong. The protestors alleged the Modi Government of introducing the bill in order to divert the attention of the youth and the citizens from the manifesto of it. But this cannot be true in any sense as the bill was once introduced in 2016 but was rejected. Even now, the bill is passed after proper discussion and deliberation in the Parliament. Unfortunately, the negatives also knocked the doors really soon when Government goes on to blindly shut the internet services down. The same let others to mock India by calling it as the Internet shutdown capital of the world when the Government talks about Digital India. Seems sarcastically ironic! • In the same article, it is claimed that the act is not anti-Muslim but being projected so by the protestors. Keeping the argument specific, let us talk about the condition of the Muslim community in the three Islamic nations. Amit Shah, speaking in favour of the CAA said, "This bill only intends to provide protection to the persecuted minorities in Pakistan, Afghanistan and Bangladesh" where nothing is said about the Muslim or Non-Muslim communities. The largest minority of Pakistan, Ahmadi Muslims are declared to be Non-Muslims by the state itself. According to Economic Times, Ahmadis cannot call themselves Muslims as mentioned by the law. The community has faced the worst side of religious persecution since they are not allowed to read Quran or practice Namaz that form the basic principles of Islam. Also, the community is not given electoral rights as advocated by other sources of information. One of the world's leading magazines, TIME spoke about the agony of the Rohingya Muslims residing in Bangladesh. They are denied basic necessities of life since they are living in congested areas of dirty and polluted shacks. The girls saw the darkest side since they are not allowed to leave their houses once they hit the age of puberty. Dowry has become a ritual and girls raised by single mothers are not able to marry because their mothers can't afford to pay the cost of customs. These Muslims are looted at night and are afraid to file complaints. UNICEF talked volumes regarding the agony of the young figure at Bangladesh where many are not registered at the time of their birth and are deprived of a legal identity too. The Hazara Muslim community of Afghanistan too had to face massive killings in the state. They are being marginalised and discriminated on religious basis. As per The Geopolitics, Killings against them is often voiceless and the least concern is provided by the state over the same. Harassment at workplace has become the order of the day for the victimised community. While searching 'most persecuted religion in the world', the result which came up is the most shocking and mind blowing. As per Wikipedia, it is Muslims, the same community which is excluded by the Indian state. The same is not being imagined but this can be cross checked by searching for it on the internet. • The article condemns the opposition for calling the act unconstitutional on the basis that it violates article 14 and 15 of the Indian Constitution along with secularism as mentioned in the Preamble of the Constitution. Article 14 which provides equality before law states that no person, residing within the territory of India, shall be discriminated on any basis and Article 15 prohibits discrimination on several bases including religion. However, the statement by the author is supported by means of the statement of the apex court stating Equality before law is only for those equally placed. If we compare the conditions of Non-Muslim communities and Muslim sects of Ahmadis, Rohingyas, Hazaras, we can hardly find any difference. Both communities are persecuted because of their religious practices. Both are being killed on a daily basis, both communities are unjustifiably represented in legislation. It cannot be said that the mentioned Muslim sects are unequally placed as compared to the Non-Muslim communities. With respect to article 15, it is said that classification must be rational and intelligible. But it is impossible to see any rationality in Amit shah's statement where it was claimed that Muslim communities can seek shelter in Islamic nations. This could be the most baseless argument that one can ever hear. If Muslims are to seek shelter in Muslim nations then Non-Muslims are to seek shelter in Non-Muslim nations. If the logic of the Home ministry is to be taken in account, it can be concluded that India has now become a Non-Muslim nation, 'RIP Secularism'. The statement of Amit Shah violates the basic principle of secularism as mentioned in the Preamble. Can CAA be worth more than our Constitution? Can Preamble be infringed upon to give shelter to the selected persecuted communities just on the basis that they are Hindus, Sikhs, Parsis, Jains, Buddhists and Christians? • The article also complains of the protests for being violent while the constitution provides for peaceful protests against the state. As already mentioned, the protests at Shahin Bagh were peaceful and non-violent up to a next level. The feminine figures made sure that neither do they interrupt the lives of local people nor do they become a hurdle for the administration. Even in practicing their Fundamental Right that too in accordance with the law, they were beaten up and were exposed to atrocities. Silent halls of Library of The Jamia Milia Islamia speak volumes against the argument where tear gas was used unexpectedly when the students were studying. Those who were not even a part of the protests have to face the disaster and the consequences of the unwanted tragedy. Female students were also raped and severely beaten. Even at the places of peaceful protests, brutalities and atrocities of the forces was not to be unseen. protest in 'jamia millia islamia'

                     JAMIA MILIA ISLAMIA UNIVERSITY: THE TRUTH

“STAND WITH JAMIA, EDUCATIONAL INSTITUTIONS SHOULD BE SAFE SPACES. SHAME ON DELHI POLICE!”, read the placards of many students in the wake of the disappointing Jamia Milia Islamia incident. The protest began on December 13, 2019 at the University campus. Different views were given by different articles, newspapers (including e-papers), magazines, social media and mass media. Many of the students of Jamia claimed that the protests were peaceful. However, the credibility of such statements by the students cannot be considered as nobody can be a judge in his own case. Respecting the fact that there is no student union in the University, the protests were initiated by some students and teachers immediately after the next day of the Citizenship Amendment Bill being an Act. The following day, the protests were joined by the local residents. The day witnessed the brutalities and atrocities of the police force. Students blamed the forces of using their power in an unreasonable manner. It was claimed by many, whose identities were not disclosed respecting their fear of any legal actions, that the forces alleged the students of pelting stones and the forces replied by way of Lathi-charge and the use of tear gas shells. The basic plan of the protest was to carry a rally from the gate seven of the university to the parliament house blocking the major roads of the national capital, Delhi. The students also claimed that the stone pelting was first initiated by the police forces and the students imitated them in exercising their right to self-defence. However, the claims of the bureaucracy are totally contradicting to the mentioned statements. The same story of self-defence has been narrated by the forces alleging the future minds, locals and teachers of being the culprits of stone pelting. If the story narrated by the police forces is taken to be true, then the silence occupied rooms of the University library do no possess any threat to the body of the forces and the use of tear gases in the room of wisdom cannot be justified on any grounds, even self-defence. All this happened on December 15, 2019 when the locals call out for a march and the students insisted on joining them. But the students proclaimed that they did not cross their limits as set by the forces in the form of barricades. Students carried out hunger strikes and boycotted the examinations. Many schools were declared to be close on the following few days fearing the brutalities and atrocities of the police force in the name of anti-nationalist movements. The violence was followed by other protests at Shaheen Bagh and the spark spread like a bushfire throughout the country. The major result was the coming up of violent protests in the state of Uttar Pradesh, especially in the religious centres of Mathura, Vrindavan and the city of Lord Ram with fresh wounds of the Ram Mandir issue. Other educational institutes in other parts of the whole world stood up with the students of Jamia and raised their voice against the dire straits. Internet was shut down for a number of days in the era of digitalized India, ironic! The world’s largest democracy witnessed the same crises of 2012 Delhi [6] Protests at Jamia Milia available at: https://www.google.com/amp/s/www.indiatoday.in/amp/india/story/police-crackdown-in-jamia-made-it-epicentre-of-anti-caa-protests-1632166-2019-12-28 (Visited on January 26, 2020) The protests against the Citizenship Amendment which were restricted to the North-eastern region of India, reached to whole of the India after the shameful incident of Jamia Milia. Afaq Haider, one of the students requesting others to voice up against the proposed act said “AGAR SADAN UNKI HAI, TO SADAK TUMHAMARI HAI”. According to the magazine named ‘The Caravan’ the force which was used by the police was not at all a consequence of the students’ protest as per the statements of eyewitnesses. However, evidences have been found of picturing the students as the ultimate wrongdoers in all that had happened. Leading newspapers like ‘The Indian Express’ and ‘The Hindu’ have published the pictures of students pelting stones on the police force but no pictures of injuries sustained by them have been shown. In reply to this, students have asked various questions in agony interrogating to these national daily about their injuries. The story doesn’t end here, news feeds of all social sites of the populace was flooded with videos and recordings of those aggrieved students while chasing journals. [7] Jamia Milia the truth available at: https://caravanmagazine.in/politics/jamia-protests-cab-muslim-delhi-police (Visited on January 26, 2020)

But different stories are being narrated by the pages of ‘The Wire’ depicting students bleeding and being beaten by the forces. However, the same has managed to record the pain of the police constables while they were being subjugated by the male students of the varsity. The Vice-Chancellor Najma Akhtar told ‘The Indian Express’ that the police constables did not take the permission of the varsity administration for entering the premises in the due course of chasing those who were seeking shelter for their safety during the long chaos. There were records of many students being injured and detained by the police constables, but according to the reports gathered from other resources the university administration has refused these facts and figures. It was also alleged on the part of the constables that they intentionally turned off the lights so that the surveillance cameras cannot be able to record the brutalities. Claims of female students being sexually harassed has also been made. T[8]Sexual abuse in CAA available at: https://www.google.com/amp/s/thewire.in/rights/citizenship-amendment-jamia-milia-islamia-police-violence/amp/ (Last Modified December 16, 2019)

  1. The Assam Accord was signed after a long struggle in 1985 which read that the migrants residing in the territory of India after March 25, 1971 will be identified and deported back. Unfortunately, the task remained incomplete till date which gave birth to the Citizenship Amendment Act, 2019
  2. Article 11 of the Indian Constitution (hereinafter referred to as COI) grants the power to the legislation to regulate its citizenship laws using which the ruling BJP has introduced the Citizenship Amendment Bill in the winter session of the Parliament in Lok Sabha. It was presented by the honourable home minister Amit Shah on December 10, 2019. The bill was passed by the Rajya Sabha on December 11, 2019. The bill became an act the next day after getting assent by the President Ram Nath Kovind. The bill became effective on January 10, 2020.
  3. CAA aims on providing citizenship to illegal immigrants by way of naturalization, a process to acquire citizenship by living for a period of fixed years in a country. Broadly speaking, there are two categories of illegal migrants. The first being those who entered the boundaries without documents and the second belonging to those residing within the territories with expired documents. CAA reads that citizenship will be provided to six Non-Muslim communities (Hindus, Sikhs, Buddhists, Parsi, Jains and Christians) from Bangladesh, Pakistan and Afghanistan living in India without documents from or prior to December 31, 2014. The term of naturalization has been reduced for these particular communities of the three states only on the basis of religious persecution. However, the tenure for the Muslim community remains the same which is eleven years.
  4. The act also aims on the cancellation of OCI (overseas citizen of India) card of its holder if they violate any of the provisions of the Citizenship Act or any other law in force. This is provided in the Section 7 sub-section (d) of the act.
  5. ILP basically is a document carrying the permission to enter the boundaries of a particular state. It can be simply translated as a local visa and passport.
  6. Gang Rape Case (Nirbhaya Case), with the whole youth marching on streets with candles and posters in their hands and seeking answers to their questions with eyes.
  7. The students also talked of their trust being broken regarding the secularism of the state by this action of the Modi Government.
  8. his leaves the nation with the question on their security from bureaucracy and those in power. Students of IIT-Bombay and other reputed schools and institutes have been found standing in solidarity with the youth of Jamia Milia irrespective of their caste and religion.