Citizenship (Amendment) Bill 2016

Context:
The Citizenship (Amendment) Bill 2016 which recently lapsed saw opposition from various quarters of the country.



Provisions of the bill

  • Definition of Illegal Migrants: The Bill amends the Citizenship Act, 1955 to provide that ‘persecuted’ non-Muslim minorities (Hindu, Sikh, Buddhist, Jain, Parsi & Christian communities) from Pakistan, Afghanistan and Bangladesh, who have arrived in India on or before December 31, 2014 & living in India without validtravel documents to obtain Indian citizenship, will notbe treated as illegal migrants. However, to get this benefit, they must also be exempted from provisions of the Passport (Entry into India) Act, 1920, and the Foreigners Act, 1946 by the central government.
  • Citizenship by naturalization: The amendment reduces the aggregate period of residential qualification for acquiring citizenship by naturalization from 11 years to 6 years, along with continuous stay for last 12 months.
  • Cancellation of registration of Overseas Citizens of India (OCIs): Bill adds one more provision for cancellationof registration of OCIs for violation of any law in the country.

Issues in bill

  • Religious Discrimination: The Bill provides differential treatment to illegal migrants on the basis of their religion, which may violate Article 14 of the Constitution guaranteeing equality to all persons, citizens and foreigners. Another issue with listing out non-Muslim minorities is that it excludes various persecuted minorities. Example – Rohingyas of Myanmar and Ahamadiya in Pakistan.



Location: Thiruvananthapuram, Kerala, India

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