Lok Sabha has endorsed the Citizenship (Amendment) Bill, 2016, an initiative aimed at modifying the Citizenship Act, 1955. The primary objective is to alter the interpretation of illegal migrants. According to this Bill, illegal migrants from Afghanistan, Bangladesh, and Pakistan who identify as Hindu, Sikh, Buddhist, Jain, Parsi, or Christian can secure Indian citizenship.
Changes in Citizenship Eligibility
The Bill facilitates these immigrants to acquire permanent citizenship after six years of Indian residency, a significant reduction from the prior requirement of eleven years in the Citizenship Act, 1955. As per the Act, eligibility for citizenship by naturalisation had hinged on residence in India during the past year and for 11 out of the preceding 14 years.
Provision for Cancellation of OCI Registration
The Bill introduces the annulment of Overseas Citizen of India (OCI) registration upon violation of any law. However, it incites concerns due to its potential misuse and discriminatory basis.
Concerns Regarding the Citizenship Amendment Bill, 2016
Critics argue that the bill undermines Article 14 of the Indian constitution by discriminating among refugees based on religion, notably excluding the Muslim community. Moreover, the revocation of OCI registration for any legal violation seems draconic, including minor offenses which may be wielded against individuals arbitrarily.
| Citizenship Act, 1955 | Citizenship (Amendment) Bill, 2016 |
|---|---|
| Illegal migrants ineligible for citizenship. | Illegal migrants of six particular religions from three countries eligible for citizenship. |
| 11 years residence required for citizenship by naturalisation. | 6 years residence required for citizenship by naturalisation. |
| No provision to cancel OCI registration. | Provision to cancel OCI registration for violation of any law. |
Proposed Recommendations to Improve the Bill
To make the bill fairer and to alleviate the concerns raised by various quarters, several suggestions have been put forth. These include the introduction of more robust checks and balances to manage the wide powers granted to the central government regarding the cancellation of OCI status. Additionally, religion as a criterion for granting citizenship should be removed to uphold secularism. It is also highly recommended that the authorities clearly distinguish between refugees and immigrants, considering the ongoing international migrant crisis.
The Path Ahead: Including Persecuted Minorities
For legislation to be truly just and balanced, it must not exhibit biases. In the past, India has sheltered refugees persecuted due to language or cultural differences, like Sri Lankan Tamils, Bangladeshis, and Tibetans. The Bill should incorporate such minorities, broadening its scope by including ‘persecuted minorities’ rather than religious minorities exclusively.
Understanding Articles 5 to 11: Citizenship Under the Indian Constitution
Part II of the Indian Constitution, from Articles 5 to 11, encapsulates details on citizenship. It grants the Parliament the authority to legislate on all matters related to citizenship.
Defining Illegal Immigrant and Overseas Citizens of India
The Citizenship Act (1955) defines an illegal immigrant as someone who enters India without valid documentation or overstays after visa expiry. It also includes those using fraudulent documents for immigration. On the other hand, OCIs are foreigners of Indian origin, such as former Indian citizens or dependents of current Indian citizens. They can avail multipurpose, lifelong visas allowing unlimited length and frequency of visits to India for any purpose.
Understanding Citizenship by Naturalisation
The Central Government has the authority to issue a naturalisation certificate to any individual (except illegal migrants), provided they meet certain qualifications. These include not being a subject or citizen of a country that bars Indians from becoming subjects or citizens by naturalisation. If an applicant is already a citizen of another country, they must pledge to renounce that citizenship upon acquiring Indian citizenship.