- India
- Jan 12
Citizenship Bill opens new fault lines
The Citizenship (Amendment) Bill, 2016, which seeks to remove hurdles for eligible migrants from minority groups in Bangladesh, Pakistan and Afghanistan from getting Indian citizenship, was passed by the Lok Sabha on January 8. Home Minister Rajnath Singh clarified that the Bill was not confined to Assam, but would apply to all states and Union territories. “The burden of these persecuted migrants will be shared by the whole country. Assam alone would not have to bear the entire burden and the government is committed to provide all help to the state,” he said. His Cabinet colleague Kiren Rijiju told Parliament that in the absence of any authentic survey, the accurate data of Hindus, Sikhs, Buddhists, Jains and Christians who came from the three countries and settled in various parts of India was not available. “However, as per available information, more than 30,000 persons belonging to such minority communities in these countries are staying in India on long-term visa,” he said. Speaking in Silchar, Prime Minister Narendra Modi said, “The Citizenship Bill is an atonement of the wrong that was done during India’s Partition. India will safeguard all who had been victims of Partition.”
Who are opposing the Bill?
The Bill is seen by many as a ploy to legitimise the presence of Hindu Bengalis who had entered the Northeast in the aftermath of the birth of Bangladesh in 1971. Most parties in the Northeast, including BJP allies, have strongly opposed the Bill, saying “it is against the fundamental aspect of the Indian Constitution”. The Asom Gana Parishad has quit the BJP alliance in protest. Besides the Congress and the Left parties, the Indigenous People’s Front of Tripura and National People’s Party in Meghalaya and many other regional parties have opposed the Bill. Even the BJP-led government in Manipur has urged the Centre to exempt the state from the jurisdiction of the Citizenship Bill. The Trinamool Congress submitted a dissent note on the JPC report. The powerful North East Students Organisation, an umbrella body of students and youth organisations, has opposed the Bill. Protests have erupted in the region and many have been arrested. Sahitya Akademi awardee Hiren Gohain, activist Akhil Gogoi and journalist Manjit Mahanta were booked on charges of sedition for their comments during a protest against the Bill.
What is the Bill all about?
The Citizenship (Amendment) Bill, 2016, seeks to amend the Citizenship Act, 1955, to grant nationality to people belonging to minority communities - Hindus, Sikhs, Buddhists, Jains, Parsis and Christians - from Afghanistan, Bangladesh and Pakistan who have stayed in India for more than six years. According to the government, more than 30,000 non-Muslims from the three countries are staying in India on a long-term visa. The government plans to change the definition of illegal migrants with this Bill. According to the Citizenship Act, an illegal immigrant is defined as a person who enters India without a valid passport or stays in the country after the expiry of the visa permit or someone who uses false documents for the immigration process.
When was the Bill introduced?
The idea gathered steam when the BJP promised in the run-up to the 2014 general election to grant citizenship to Hindus persecuted in neighbouring countries. The party had promised to welcome Hindu refugees and give them shelter. The Citizenship (Amendment) Bill was proposed in the Lok Sabha in 2016, amending the Citizenship Act, 1955. After discussions in the Lok Sabha, the Bill was referred to a joint parliamentary committee in August 2016.
Where is the opposition coming from?
Large sections of people in Assam and other northeastern states have been protesting against the Bill, saying it would nullify the 1985 Assam Accord under which any foreign national, irrespective of religion, who had entered the state after 1971 should be deported. Moreover, these citizens gain permanent citizenship after six years of residency in India instead of 11 years as mentioned in the Citizenship Act. Most Opposition parties have opposed the proposal of granting citizenship on the basis of religion. The Opposition has argued that the move will nullify the updated National Register of Citizens (NRC), which is underway in Assam.
Why will it affect the NRC?
The NRC is being updated to detect Bangladeshis who may have illegally entered the state after March 24, 1971 - the cutoff date decided in the Assam Accord of 1985. Once the NRC is finalised, anyone found to have entered Assam illegally after the cutoff date, irrespective of their religion, will be deported. Meanwhile, the Citizenship Bill plans to grant citizenship to non-Muslim refugees. Hence, if the Bill is approved, non-Muslims found to have entered Assam after March 24, 1971 need not go through the deportation process, thereby nullifying the whole NRC process.
How did the JPC react to the Bill?
A 30-member JPC headed by BJP MP Rajendra Agrawal tabled its report in the Lok Sabha on January 7. The report supported the government’s view that the legislation will stand judicial scrutiny. The BJP was in a strong position in the panel with 14 of the 30 members, besides the chairman, belonging to the party. The Congress had four members, followed by two each from the TMC and BJD. There were many concerns over the amendment to Section 6A in the Citizenship Act. It contains provisions with respect to citizenship of persons covered by the Assam Accord. The JPC report says the legislative department has clarified that Section 6A only deals with foreigners who entered Assam from Bangladesh between January 1, 1966, and March 24, 1971. It does not provide for any form of detection, deletion or expulsion of foreigners beyond that date.
Did you know?The Indian Constitution does not allow dual citizenship or simultaneously holding two passports of different countries.