The main purpose of Citizenship Amendment Bill, 2019 is to amend the Citizenship Act 1955 and ease out the process of migration for:-
6 Communities: Hindus, Sikhs, Buddhists, Jains, Parsis, Christians belonging from
3 Countries:- Pakistan, Afhanistan and Bangladesh.
Many things should be taken notice of while understanding the impact of Citizenship Amendment Bill, 2019 - CAB 2019, example - NRC, Migration laws, Refugee Laws, Protests in North East States of India, Assam Accord, etc.
NRC- Election Promises made in Assam, W.B & Bihar included that the “outsiders’ shall be evicted.
NRC conducted. 31st August 2019 final list published.
The religion of persons who could not prove their citizenship included both Hindus & Muslims.
Subsequently, The Citizenship (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs, Mr. Amit Shah, on December 9, 2019. The Bill seeks to amend the Citizenship Act, 1955.
it includes-
1. Exception to the definition of “illegal migrants” [Section 2(1)(b)] as-
"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 thereunder, shall not be treated as illegal migrant for the purposes of this Act;"
Limitation on the basis of Religion AND place of Origin
2. Section 6B added with regard to Illegal migrants Section [2(1)(b)}
6B. (1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2.
(2) Subject to fulfilment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date of his entry into India.
(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.'
3. Section 18 (2)(eei) added which grants power to centeral govt. to make rules regarding
“the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;".
Following provision has been added-
“Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as "not less than five years" in place of "not less than eleven years".
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