Citizenship (Amendment) Bill, 2016 : What to do now?
- Part 1 -

Dr. Khomdon Lisam *

Protest against Citizenship (Amendment) Bill (CAB) by UPF & CSOs at Keishampat on 21st January 2019 :: Pix - Shankar Khangembam

What is the Citizenship (Amendment) Bill, 2016?

The original Citizenship (Amendment) Bill (CAB), 2016 was introduced in the Lok Sabha on 19 July 2016 by the Government of India. The Citizenship (Amendment) Bill (CAB), 2016 passed by the Lok Sabha on 8 January, 2019 seeks to amend the Citizenship Act, 1955 to provide citizenship to illegal migrants from Afghanistan, Bangladesh and Pakistan, who are of Hindu, Sikh, Buddhist, Jain, Parsi or Christian.

It doesn't have any provision for Muslims. The Bill also seeks to reduce the requirement of 11 years of continuous stay in the country to six years to obtain citizenship by naturalisation. The Bill covers all the States and Union Territories.

What are the main objects/ reasons of the Citizenship (Amendment) Bill, 2016

The Citizenship Act, 1955 was enacted to provide for the acquisition and determination of Indian citizenship. Under the existing provisions of the Citizenship (Amendment) Bill (CAB), 2016, persons belonging to the minority communities, such as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who have either entered into India without valid travel documents or the validity of their documents have expired are regarded as illegal migrants and hence ineligible to apply for Indian citizenship. It is proposed to make them eligible for applying for Indian citizenship.

Many persons of Indian origin including persons belonging to the aforesaid minority communities from the aforesaid countries have been applying for citizenship under section 5 of the Act but are unable to produce proof of their Indian origin. Hence, they are forced to apply for citizenship by naturalisation under section 6 of the Act, which, inter alia, prescribes twelve years residency as qualification for naturalisation in terms of the Third Schedule to the Act.

This denies them many opportunities and advantages that may accrue only to the citizens of India, even though they are likely to stay in India permanently. It is proposed to amend the Third Schedule to the Act to make the applicants belonging to minority communities from the aforesaid countries eligible for citizenship by naturalisation in seven years instead of the existing twelve years.

Who are illegal immigrants?

According to the Citizenship Act, 1955, an illegal immigrant as defined in section 2(1)(b) of the Act is a foreigner who entered India (i) without a valid passport or other prescribed travel documents or (ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.

Why is the BJP led Government so much interested in the Bill ?

In the General Election Manifesto during 2014, the BJP had promised to welcome the Hindu refugees and give shelter to them and grant citizenship to Hindus persecuted in the neighbouring countries. Hence it may be seen as a part of the fulfillment of the BJP's election promise to the people.

What is NRC?

The National Register of Citizens (NRC) is meant to identify a bona fide citizen. By the order of the Supreme Court of India, NRC is being currently updated in Assam to detect Bangladeshi nationals who might have entered the State illegally after the midnight of March 24, 1971.

The date was decided in the 1985 Assam Accord, which was signed between the then Prime Minister Rajiv Gandhi and the All Assam Students' Union (AASU). The NRC was first published after the 1951 Census in the independent India when parts of Assam went to East Pakistan, now Bangladesh. The first draft of the updated list was concluded by 31 December, 2017.

Important Points of the NRC (NRC)

o More than 40 lakh people were left out of the final draft of Assam NRC
o Those people can appeal/object after 30 August, 2018
o They will be not be deemed as citizens of India if there names aren't included in the final register

The final draft of Assam's National Register of Citizens (NRC) was published on 7 August, 2018. Out of the 3.29 crore people who have applied to become a part of the NRC, 2.89 crore were identified as valid citizens. More than 40 lakh citizens have been found to be invalid citizens of India.

The NRC is being compiled under the orders of the Supreme Court of India to identify illegal foreigners residing in Assam. Panic spread in Assam soon after officials announced that more than 40 lakh people were not included in the National Register of Citizen (NRC). However, the officials reiterated that it is just a draft and this is not the final register. They said that people who haven't been included in the NRC can appeal and present objections.

Those whose names weren't there in the draft register will have the legal right to apply again by filing a claim between 30 August and 28 September , 2018.

Once the final NRC is published, those whose names aren't in the final register will not be deemed as Indian citizens. These people will then have to approach the foreigners tribunals to fight for their citizenship.

Home Minister Rajnath Singh said, "Everyone will have an opportunity to file claims/objections as per provision in law. Only after the disposal of claims and objections, the final NRC will be published."

How will the Bill affect the updated NRC list?

The sole purpose of the bill is to grant citizenship to illegal migrants from Afghanistan, Bangladesh and Pakistan, who are of Hindu, Sikh, Buddhist, Jain, Parsi or Christian. It doesn't have any provision for Muslims. The Bill will operate on the basis of religion. But NRC does not distinguish migrants on the basis of religion.

NRC will consider deporting anyone irrespective of religion who has entered the State illegally after 24 March, 1971. When the Bill becomes an Act, the non-Muslims migrants becomes automatically bonafide citizens of India nullifying 1985 Assam Accord, which was signed between the then Prime Minister Rajiv Gandhi and the All Assam Students Union (AASU) and contradicting or superseding the NRC.

It means that Assamese will continue to face the threat of becoming minority in their own state and the other states like Meghalaya, Nagaland, Manipur, Tripura, Arunachal Pradesh will share the burden of massive influx of illegal migrants.

Statement of the Prime Minister

The Prime Minister Shri Narendra Modi said India needs the Citizenship(Amendment) Bill (CAB) -2016 to give relief to Hindu, Sikh, Buddhist, Jain, Parsi or Christian who are persecuted in Afghanistan, Bangladesh and Pakistan and as " atonement for the wrongs of Partition".

On 9 January, 2019 Prime Minister Narendra Modi, addressing a rally in Maharashtra reached out to the North Eastern states on the Citizenship Bill, which has caused a rift between the BJP and its allies in the North Eastern states. "I want to assure my brother and sisters of Assam and the Northeast, the youth there, that their rights will not be harmed," the Prime Minister said.

Statement of the Home Minister Rajnath Singh

On 8 January, 2019, the Home Minister Rajnath Singh asserted that the bill was not against the provisions of the Constitution and would give succour to persecuted minorities in three neighbouring countries as they "have no place to go to, except India." He said "The proposed law will not be confined to Assam alone. The burden of those persecuted migrants will be shared by the whole country. Assam alone should not have to bear the entire burden. The Government of India is committed to give all help to the State Government and people of Assam,"

During the nearly three-hour debate, the Union Home Minister said the Union Cabinet has also approved grant of Scheduled Tribe (ST) status to six communities of Assam namely Tai Ahom, Koch Rajbongshi, Chutia, Tea Tribes, Moran and Matak.

We need to check up whether whatever assurances given by the Union Home Minister is included in the original Bill passed by the Lok Sabha. If it is included, then it may be true. If it is not included, the Union Home Minister has no competency to modify the original Bill passed by the Lok Sabha. But he can modify it through the Joint Parliamentary Committee of the Rajya Sabha.

What is the present status of the Bill ?

On 15 July, 2016, the Citizenship (Amendment) Bill CAB), 2016 was introduced in the Lok Sabha, On 31 July, 2016, the Lok Sabha referred the Citizenship (Amendment) Bill, 2016 to the Joint Select Committee .The committee was given time till the first day of the last week of the Winter Session of Lok Sabha to submit its report. Generally, the Winter Session of Parliament begins in November.

However, the First Day Of Winter Session, Lok Sabha was adjourned after Obituary references to Atal Bihari Vajpayee, Somnath Chatterjee and Union Minister Ananth Kumar. The Winter Session of Parliament began 11 December, 2018 (Tuesday) and end on 8 January, 2019.

The Joint Select Committee submitted its recommendations on the Citizenship (Amendment) Bill (CAB), 2016 to the Lok Sabha on 7 January, 2019. Based on its recommendations a fresh bill was introduced and was passed by the Lok Sabha on 8 January, 2019. The Bill is yet to be passed by the Rajya Sabha and assented by the President of India.

How did the Joint Select Committee examine the Bill ?

The 16-member Joint Select Committee, headed by BJP MP Rajendra Agarwal had interviewed many people and conducted some field studies. During the course of its examination and field study visits, the committee met a cross section of people in Gujarat, Rajasthan, Assam and Meghalaya and heard views of organisations, individuals, experts and others. They had recently conducted public hearings in Guwahati, Silchar in Assam and Shillong in Meghalaya to gather opinion of the people on the proposed bill.

The committee also heard the views of the chief secretaries and police chiefs of Assam, Bihar, Gujarat, Jharkhand, Maharashtra and West Bengal. The committee took six extensions from the Speaker of the Lok Sabha to enable them to complete the study before the winter session. .

The members of the Joint Select Committee visited Barak Valley, the Bengali-majority area of Assam, and Meghalaya to discuss it with various organisations. They reportedly spoke to about 200 organisations. They have not visited Manipur.

To be continued ....