Citizenship (Amendment) Act, 2019

Article No. 33
21/December/2019 

The Citizenship (Amendment) Act, 2019 of the Parliament of India amended the Citizenship Act of 1955 providing a path to Indian citizenship for religious minorities from Pakistan, Bangladesh and Afghanistan. The intended religious minorities were explicitly listed as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians. The beneficiaries had to have entered India on or before 31 December 2014, and should have faced "religious persecution or fear of religious persecution" in their countries of origin. The Act also relaxed residence requirement for naturalization from 11 years to 5 years for these migrants.

This Act made an amendment to provision on ‘Citizenship by Naturalization’ in Citizenship Act of 1955. Citizenship of India by naturalization can be acquired by a foreigner who is ordinarily resident in India for 12 years (throughout the period of 12 months immediately preceding the date of application and for 11 years in the aggregate of 14 years preceding the 12 months) and other qualifications as specified in Section 6 (1) of the Citizen Act,1955. The 2019 Citizenship Amendment Bill amends the Citizenship Act of 1955 to make religiously persecuted minorities, namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who entered India on or before 31 December 2014, eligible for Indian citizenship. It also seeks to relax the requirement of residence in India for citizenship by naturalisation from 11 years to 5 years for these migrants.

National Register of Citizens, 1951 is a register prepared after the conduct of the Census of 1951 in respect of each village, showing the houses or holdings in a serial order and indicating against each house or holding the number and names of persons staying therein. The NRC was published only once in 1951. Based on Assam Accord in 1985, it set March 25, 1971, as the cut-off date for the deportation of illegal migrants. Since the cut-off date prescribed under articles 5 and 6 of the Constitution was July 19, 1949 - to give force to the new date, an amendment was made to the Citizenship Act, 1955, and a new section was introduced. It was made applicable only to Assam.

Two Dangers

Firstly, the new amendment act is an act first time in the independent history of India that discriminate based on religion. India is popularly known to religious harmony and religious freedom. India, as a country which follows the ideology of ‘Vasudhaiva Kutumbakam’, should not be hasty in taking decisions that can disenfranchise her citizens – contradicting its centuries-followed values. There is no rift between people based on religion, but rift and conflict are manipulated by ‘Hindutva’, a religious-based political ideology. Its main proponent BJP and RSS have nothing to claim in the freedom struggle of India. Neither BJP was a party nor institution at that time. Neither RSS nor Savarkar never faces suffering under British Rule. Apology for their freedom struggle against the British makes them different from Gandhi and Nehru. He apologised as a "prodigal son" longing to return to the "parental doors of the (British) government". Hindutva ideology put forward by V.D. Savarkar of Hindu Mahasabha. Now, this ideology is carrying forward by BJP, ruling political party of India. Even though, Hindutva Ideology is unconstitutional based on the Indian Constitution.

Secondly, the combination of both Citizenship Amendment Act, 2019 and National Register of Citizen is dangerous to the idea of India as well as its culture. It aims to expel some people of this country based on religion. Savarkar wrote the work describing Hindutva, espousing what it means to be a Hindu, and Hindu pride, in which he defined as all the people descended of Hindu culture as being part of Hindutva, including Buddhists, Jains and Sikhs. Savarkar endorsed the idea of India as a Hindu Rashtra (Hindu Nation) and opposed to the Quit India struggle in 1942, calling it a "Quit India but keep your army" movement. He became a fierce critic of the Indian National Congress. In 1948 Savarkar was charged as a co-conspirator in the assassination of Mahatma Gandhi, however, he was acquitted by the court for lack of evidence. But his ideology killed Gandhi is a fact. Now, BJP government made a test dose of Sarvarkar’s Hindutva ideology to the Indian legal, constitutional and political system.

The arrogance of political leaders

One of the worst behaviours of a person is arrogance. It is impossible to teach or correct such people at any cost. A political leader that elected by people must not have such behaviour. Unfortunately, the top two men in the political administration are arrogant more than anyone before. Both Modi and Shah are evidentially arrogant in their behaviour. It is evident in their behaviour in administrations such as demonetisation of currency, faulty implementation of GST, wrong approaches to Jammu and Kashmir, Citizenship Amendment Act 2019 etc. are few. This is not fit for political leader handling power. The ultimate sufferer of their behaviour is the common people of this country. The fascist approach of their administration will ruin this country. They don’t want criticism of their views and ideas. They want to wipe out or silence oppositional party leaders.

Basic Structure of the Indian Constitution

There is no mention of the term “Basic Structure” anywhere in the Indian Constitution. The idea that the Parliament cannot introduce laws that would amend the basic structure of the constitution evolved gradually over time and in many cases. The idea is to preserve the nature of Indian democracy and protect the rights and liberties of people. This doctrine helps to protect and preserve the spirit of the constitution document. It was the Kesavananda Bharati case that brought this doctrine into the limelight. It held that the “basic structure of the Constitution could not be abrogated even by a constitutional amendment”. The judgement listed some basic structures of the constitution as: Supremacy of the Constitution, Unity and sovereignty of India, Democratic and republican form of government, Federal character of the Constitution, Secular character of the Constitution, Separation of power, Individual freedom etc. Over time, many other features have also been added to this list of basic structure feature.

Equality in Article 14

It states that ‘The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.’ Discrimination based on religion will not stand based on both Article 14 and Basic Structure Doctrine of Indian Constitution. Therefore, this act may not withstand legal scrutiny in the Supreme Court of India. Otherwise, it is the beginning of the end of the spirit of the Indian Constitution and Indian values.

Harmony of Indians

Indoctrinated ideologies never killed the harmony of the people in the history of India and mankind. It will overcome all kind of evils injected by devils. Present time may be struggling but truth alone will triumph. The electoral gain will come and go; but when BJP win then India lose. Values and Ideals cannot be killed by rewriting history or enforcing the law or even holocaust. People tried to do so remember in history as Adolf Hitler and Joseph Goebbels in Germany and World War II.

By,

Nithin A F

Doing Post Graduation in Psychology

Thiruvanathapuram, Kerala.

Email : nithinaf@gmail.com

www.NithinAF.blogspot.com

21/December/2019