Citizenship Amendment Act 2019 is good or bad ?

 

The government  of India  has come  forward with a recent Amendment  in citizenship amendment act 2019. Which has amended old Citizenship Act 1955. In this post I will provided you in-depth analysis why this Act is creating controversy  in the nation. Let's have a look.

 

 

 

 

 

 

 

Citizenship

1. BARE ACT LANGUAGE OF CITIZENSHIP ACT 1955. 

Ø  Section 2(1)(b) of said Act citizen" in relation to a country specified in Schedule I, means a person who, under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country

v Following countries had specified in Schedule 1

1. United Kingdom

2. Canada

3. Commonwealth of Australia

4. New Zealand

5. Union of South Africa

6. Pakistan

7. Ceylon

8. Federation of Rhodesia and Nyasaland

9. Ghana

10. Federation of Malaya

11. Singapore

B. The Republic of Ireland

                                                           

INTERPRETATION BY AUTHOR

Any Person (Person herein after referred as the Natural person, however person includes Artificial person itself) of Any Above mentioned countries shall be the citizen of that country as per law of that country.

2. BARE ACT LANGUAGE OF CITIZENSHIP AMENDMENT ACT 2019

In the section 2(1)(b) of the said Act a new proviso has been inserted through amendment.

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 there under, shall not be treated as illegal migrant for the purposes of this Act.

ITERPRETATION BY AUTHOR                                                                   

Ø  Specific Community Included in the Amendment

. Hindu

. Sikh

. Buddhist

. Jain

. Parsi

. Christian

Only Community has been excluded from the Amendment is MUSLIM 

·        Reason why Government has excluded Muslims in the Amendment.

According To Parliamentary discussion the government has given the reason that only above mentioned categories are suffering  in the Islamic countries, there is no reason to believe that  Mohammadan can be suffered in Islamic countries.

·        Reasons of Controversy In India on Citizenship Amendment Act 2019

. In one of the Parliamentary discussion Our Home Minister Amit Shah delivered a speech   that Govt. is going to Associates National register of citizen with national population   register.

. If this happens then illegal Immigrants may be detained in detention centre

.In one of the speech our prime minister had said that we are not making any Detention Centre in India, However it has started in some states like Assam where GOVT is planning to make 10  Detention Centres

. In one of the public announcement and Interview with media channel our prime minister and home minister said that we are not linking NPR with NRC on 24/12/2019 (National population register), How ever in so many speeches and Annual Report of Home Ministry provides that NPR is first step to NRC.

. There is a rumor in the public of nation that if NRC link NPR and CAA 2019, We have to show our various documents to prove our Citizenship Such as, Birth Certificate, Proof of grand parents Nationality. if somebody not possess such documents then he shall be excluded from Indian citizenship or may be treated as Illegal Immigrants. 

. Another Reason of mislead ed public intentions might be that In one interview with media channel  our Home Minister had said that any person holding documents such  as Aadhaar Card, Passport, Voter Id Card, Pan Card shall not be counted for the purpose of Indian citizenship.

. Few out of the Crowd In the protest are alleging that Our resources will be over exploited to the extend  as Indian Government is not capable to full the need of exiting citizens along with it will affect other areas such as employment condition of the country. 

. And rest doesn’t know why they are protesting.

POSITIVE SIDE OF  CITIZENSHIP AMENDMENT ACT 2019

- Those immigrants who are suffering in various country will get easily Indian Citizenship under new Act

-The Criteria for Citizenship has been reduced to 5 years from 10 years.

- Govt. can easily recognize those who are living in India unlawfully.

OPINION OF AUTHOR

- While amending Citizenship Act government should have been mentioned Prosecuted minorities instead of mentioning specific communities for giving citizenship in India.

Rest you decide whether Citizenship Amendment Act 2019 and NRC is good or bad.

By LAWgicAL ARUSH