The Citizenship Amendment Act , NRC & belief -disbelief.: Adv. Rohit Erande. ©

The Citizenship  Amendment  Act (CAA) & National Register of Citizens (NRC) : belief -disbelief.: 

Adv. Rohit Erande. ©

Citizenship Amendment Bill (CAB), Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) - these 3 subjects are the center of all news channels, media and social media in these days. We have seen violent protests against these Acts and similarly rallies were also called pan-India in support of these Acts. However,  most of the people are unaware as to what is this Law and why its been protested as well as welcomed at the same time. 

We'll try to study these subjects in nutshell

1. Whenever any Bill is passed, it becomes a Law. Thus CAB has been passed in both the houses of Parliament and now it has become CAA.

2. Like every country, India has legal provisions to deal with important issue of Citizenship. You must be  aware that Article 5 to Article 11  of the Indian Constitution deal with chapter of Citizenship. The Art. 11 gives power to Parliament to  regulate, confer and determine the Citizenship irrespective of earlier provisions. Apart from that Citizenship Act, 1955 is the separate legislation that deals with how to get Indian Citizenship by  different modes i.e. by a) By Birth  , b) By Descent , c) By Registration, d) By Naturalisation , e) By Incorporation of Territory.

3.  This Act is compromising of only 19 sections and has been amended from time to time.  

4. The Sec. 2(1)(b) of the Act defines who are "illegal migrants". In short any foreigner who enters India without any valid Passport or without prescribed valid documents or when validity of such passport or such documents cease to exist, then such foreigner is called as 'illegal migrant'. 

5. Now the important amendment has been made to this section thereby adding a proviso or an exception to 'illegal migrant'. The Proviso can be summarised as  any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from three Islamic countries viz.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 the provisions of  Passport (Entry into India) Act, 1920 or  the Foreigners Act, 1946 or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this Act.

6. Now exclusion of Muslim Community from this proviso has stirred up the hornet's nest.   This exclusion has become the basis for confusion, rumors, canards those are being spread. The object behind exclusion of Muslim Community from this proviso is clear, as these 3 countries are Islamic Countries and thus naturally all other communities than Muslims become minorities. 

7. However, this amendment has nothing to do with existing Muslim community from India and they need not be worried at all. The Act no where provides nor it has been ever suggested to throw away from India. No Government can legally do it. Moreover the Act also does not preclude persons of any religion of any country to apply for the Citizenship of India. 

8. Why the CAA has been opposed in ASSAM and other Eastern States ?

The problem of Assam is not about Hindu or Muslim, but it's  about natives and the new citizens. 

9. It has reference to "Assam Accord" and Inner Line . Aftermath of Bangladesh War, the Assam and West Bengal were affected badly and thousands of migrants from Bangaldesh came for shelter in these 2 states and naturally it collided with the local inhabitants.   Finally, in the year 1985, Rajeev Gandhi Govt. had discussions with All Assam Students' Union (AASU) and other organisations and they made one agreement which is known "Assam Accord". 

10. One of the Clause 6 of Assam accord relates to constitutional, legislative and administrative safeguards to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people and owing to these Terms Sec.6A  was inserted in the said Act, by 1985 amendment only for Assam. As per Sec.6A, those persons who were staying in Assam prior to 1st Jan, 1966 and those who were staying in Assam prior to this date whose names were entered in the voting list prior to such date, shall be known as Indian Citizens.  

11. Likewise,  the persons of Indian Origin, who came to Assam after 1st Jan,1966 but prior to 25th march, 1971 were entitled to get Indian Citizenship after making application to Government. 25th march is the important date, because it has the India-Bangladesh War started around that period and many migrants came to Assam. For the period of 10 years, such foreigners were given all rights that of any Indian citizen would get, except right to vote and after the period of`10 years, they were also entitled for voting rights. 

12. Now another important amendment has been made by inserting Sec.6-B, which is applicable to Citizenship by Natrulisation. For getting citizenship by Naturalisation, one must be able to satisfy conditions as envisaged in Schedule-III of the said Act. If a person satisfies these conditions, then all the pending cases related to illegal migration shall cease to exist. Likewise, earlier requirement of minimum stay period in India by way of Indian Service of residence has been reduced to 5 years from 11 years. 

13. However, it has been clarified that this provision will not be applicable to such area as which is declared as "inner Line" per the provisions of Bengal Frontline Act, 1873,  and tribal area covered as per 6th Schedule of Indian Constitution related to Assam, Meghalaya, Tripura and Mizoram States.

14. "Inner Line" is that part of area where only locals or tirbal people have right over property etc and outsiders cannot purchase property much less even enter in such area without permit. Now the locals -tribal fear that if CAB is made applicable, then there will be burden on these localities and resources will be shared unequally and it will be against Assam Accord and Inner Line Permit.   However Govt. has said that it will not happen so.

15. Now, as expected, the CAA has been challenged before Hon. Apex Court as CAA is violation of Art.14 of the Indian Constitution. Art. 14  says  that every one should be equal before law and every one shall get equal protection of law. Of course, there are certain reasonable exceptions to this Law. There are umpteen number of Judgments on Art. 14. The general rule of interpretation is that when there  are two views available, one view that upholds the constitutional validity has to be accepted.

The Law is never static, it's always dynamic. Thus this law also will be developed during course of time..

16. What is NRC ? - NRC was part of Assam Accord and has been implemented as per directions given by Hon. Supreme Court.:

The National Registry of Citizens (NRC)  was another part of the Assam Accord to identify and deport foreigners. The NRC is an official record of those who are legal Indian citizens. NRC is the process under the  Citizenship Act. It includes demographic information about all those individuals who qualify as citizens of India as per the Citizenship Act, 1955. The register was first prepared after the 1951 Census of India and since then it has not been updated until recently. Compared to all other States, Assam being the border state and which was badly affected by illegal migrants after 1971, NRC was implemented as per order of Hon. Apex Court in 2013-2014. However there were many problems faced while completing NRC and related formalities. 

You will be surprised to know that in 1983, then then Government had passed The Illegal Migrants (Determination by Tribunal ) (IMDT) Act, for identifying illegal migrants in Assam. However, Hon. Supreme Court struck down this Act as unconstitutional in the year 2005 in the well known case of Sarbananda Sonowal vs Union Of India & Anr, (decided  on 12 July, 2005) and asked to implement NRC. 

However, as there was no progress for 10 years, the Apex Court again directed in 2013-14 and again in 2019 by the Bench headed by Hon. Ranjan Gogoi, then then Chief Justice of India.

17. To conclude , I may say that one has every right to oppose any Act or Decision of Government, but strictly by following the legal means. 
Students also must understand that they should choice between the education , career and getting name registered in Police Record. At times it may happen that , you will be in custody room and your leaders will be in Study Room..

Not by resorting to violent modes. Our country is Secular but not anti-religious too. In our day to day life, from our milk-man to news-paper agent, to our Doctor-lawyer etc, we cannot insist upon any particular religion or cast, else life will me more difficult. 

Don't fall prey to political canards. Unfortunately, people are losing their friendship on social media  over political issues. Differences of Opinion are bound to be there. We must agree to 'dis-agree'. However not at cost of our friends and relatives. At the end of the day, common man is more interested in "roti-kapda-makan' than the political issues. 

Thanks and regards

Adv. Rohit Erande

Pune. ©