Citizenship (Amendment) Act, 2019: Difference between revisions

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The '''Citizenship (Amendment) Act, 2019''' ('''CAA''') was passed by the [[Parliament of India]] on 11 December 2019. It amended the [[Indian nationality law|Citizenship Act, 1955]] by providing an accelerated pathway to Indian citizenship for [[Religious persecution|persecuted]] religious minorities from [[Afghanistan]], [[Bangladesh]] and [[Pakistan]] who arrived in India by 2014. The eligible minorities were stated as [[Hindus]], [[Sikhs]], [[Buddhists]], [[Jain]]s, [[Parsis]] or [[Christians]].<ref name="BBC explained">[https://www.bbc.co.uk/news/world-asia-india-50670393 Citizenship Amendment Bill: India's new 'anti-Muslim' law explained] {{Webarchive|url=https://web.archive.org/web/20191212192621/https://www.bbc.com/news/world-asia-india-50670393 |date=12 December 2019 }}, BBC News, 11 December 2019.</ref><ref name="PIBPassesBill">{{Cite web |url=https://pib.gov.in/newsite/PrintRelease.aspx?relid=195783 |title=Parliament passes the Citizenship (Amendment) Bill 2019 |website=pib.gov.in |access-date=18 December 2019}}</ref> The law does not grant such eligibility to [[Muslims]] from these countries.<ref name="CNNExcludes"/><ref name="NPRExcludes"/><ref name="Washington Post" /> The act was the first time that religion had been overtly used as a criterion for citizenship under [[Indian law]], and it sparkedattracted nationwideglobal protestcriticism.<ref name="Washington Post">{{cite news |last1=Slater |first1=Joanna |title=Why protests are erupting over India's new citizenship law |url=https://www.washingtonpost.com/world/asia_pacific/why-indias-citizenship-law-is-so-contentious/2019/12/17/35d75996-2042-11ea-b034-de7dc2b5199b_story.html |newspaper=The Washington Post |date=18 December 2019 |access-date=18 December 2019 |archive-url=https://web.archive.org/web/20191218215158/https://www.washingtonpost.com/world/asia_pacific/why-indias-citizenship-law-is-so-contentious/2019/12/17/35d75996-2042-11ea-b034-de7dc2b5199b_story.html |archive-date=18 December 2019 |url-status=live}}</ref>{{efn|{{harvp|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."}}{{efn|{{harvp|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."}}{{efn|{{harvp|Jayal|2019|pp=34–35}}: "While some elements of religious difference had... been covertly smuggled in earlier, this bill seeks to do so overtly."}} This law is similar to the [[United States]]'s 1990 Lautenberg Amendment and 2004 Specter Amendment which liberalizes the process of obtaining refugee status to [[Jews]], [[Christians]], [[Baháʼí Faith|Baháʼís]], [[Zoroastrianism|Zoroastrians]] minorities from countries like Russia, Iran, Vietnam, Laos, and Cambodia.<ref>{{Cite web |last=Nanda |first=Prakash |date=2024-03-16 |title=Lautenberg-Specter vs CAA: Why India's 'Transparent' Citizenship Act Is A Right Move Unlike 'Vague' US' Refuge Policies |url=https://www.eurasiantimes.com/lautenberg-specter-vs-caa-why-indias-citizenship/ |access-date=2024-03-16 |website=Latest Asian, Middle-East, EurAsian, Indian News |language=en-US}}</ref>
 
The [[Bharatiya Janata Party]] (BJP), which leads the [[Indian government]],<ref name="FPJ">{{cite news |title=From CAA to Art 370 Abrogation: 5 of Modi govt's boldest moves |url=https://www.freepressjournal.in/india/from-caa-to-art-370-abrogation-5-of-modi-govts-boldest-moves |access-date=2 January 2020 |newspaper=Free Press Journal |date=20 December 2020}}</ref> had promised in previous election manifestos to offer Indian citizenship to members of persecuted religious minorities who had migrated from neighbouring countries.<ref name=bjplsmanifesto>[https://www.documentcloud.org/documents/5798075-Bjp-Election-2019-Manifesto-English.html Sankalpit Bharat Sashakt Bharat] {{Webarchive |url=https://web.archive.org/web/20191110060600/https://www.documentcloud.org/documents/5798075-Bjp-Election-2019-Manifesto-English.html |date=10 November 2019 }}, BJP Sankalp Patra Lock Sabha 2019 (Manifesto, 2019)</ref><ref name="ITEndorsement"/> 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 accelerated citizenship.<ref name="PIBPassesBill" /> The amendment relaxed the residence requirement for [[naturalisation]] of these migrants from twelve years to six.<ref name="PRS India">{{cite web |title=The Citizenship (Amendment) Bill, 2019 |url=http://prsindia.org/sites/default/files/bill_files/Citizenship%202019%20Bill%20Text.pdf |website=PRS India |access-date=11 December 2019 |archive-date=12 December 2019 |archive-url=https://web.archive.org/web/20191212091630/http://prsindia.org/sites/default/files/bill_files/Citizenship%202019%20Bill%20Text.pdf |url-status=dead }}: "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.</ref> According to [[Intelligence Bureau (India)|Intelligence Bureau]] records, there will be just over 30,000 immediate beneficiaries of the act.<ref>{{cite news |last1=Saha |first1=Abhishek |title=Explained: Why Assam, Northeast are angry |url=https://indianexpress.com/article/explained/assam-protests-citizenship-amendment-bill-nrc-northeast-bandh-5543785/ |access-date=11 December 2019 |work=Hindustan Times |date=20 January 2019}}</ref>{{efn|According to the Indian [[Intelligence Bureau (India)|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.<ref>{{cite news |url=https://www.firstpost.com/india/how-many-immigrants-will-benefit-from-citizenship-act-25447-hindus-5807-sikhs-55-christians-two-buddhists-and-two-parsis-says-intelligence-bureau-7784581.html |title=How many immigrants will benefit from Citizenship Act? 25,447 Hindus, 5,807 Sikhs, 55 Christians, two Buddhists and two Parsis, says Intelligence Bureau |newspaper=Firstpost}}</ref><ref>{{Cite news |url=https://economictimes.indiatimes.com/news/politics-and-nation/citizenship-amendment-bill-decoded-what-it-holds-for-india/articleshow/72466056.cms |title=Citizenship Amendment Act decoded: What it holds for India |last1=Tripathi |first1=Rahul |date=17 December 2019 |newspaper=The Economic Times}}</ref><ref name=IB>[https://www.telegraphindia.com/north-east/intelligence-bureau-to-tap-raw-to-verify-citizenship-claims/cid/1681204 Intelligence Bureau to tap RAW to verify citizenship claims] {{Webarchive|url=https://web.archive.org/web/20200112170259/https://www.telegraphindia.com/states/north-east/intelligence-bureau-to-tap-raw-to-verify-citizenship-claims/cid/1681204 |date=12 January 2020 }}, The Telegraph, 9 January 2019.</ref>}}