Citizenship Amendment Bill

The new Citizenship (Amendment) Bill 2016 is likely to be presented in Parliament's Winter Session for approval. Introduced on July 19 in the Lok Sabha, the Citizenship Amendment Bill 2016 seeks to allow illegal migrants from certain minority communities in Afghanistan, Bangladesh and Pakistan eligible for Indian citizenship. In other words, it amends the Citizenship Act of 1955.

The Citizenship Amendment Bill seeks to allow illegal migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian religious communities coming from Afghanistan, Bangladesh or Pakistan to not be imprisoned or deported. It also appeals for the minimum years of residency in India to apply for citizenship to be lessened from at least 11 to six years for such migrants.

The Bill, however, does not extend to illegal Muslim migrants. It also does not talk about other minority communities in the three neighbouring countries, such as Jews, Bahais etc.. The Citizenship Amendment Bill has not been sitting well with the Assamese as it contradicts the Assam Accord of 1985, which clearly states that illegal migrants heading in from Bangladesh after March 25, 1971, would be deported.

Under the Citizenship Act of 1955, foreigners who come into India without valid travel documents, or stay in the country beyond their visa period, are considered illegal migrants. Over the years, certain exceptions have been made to this law. In September 2015, illegal migrants belonging to minority communities in Afghanistan, Bangladesh or Pakistan and coming to India on or before December 31, 2014, were allowed to stay.

This allowed the illegal migrants to stay in India without being imprisoned or deported. This exception was sought again in July this year. Anybody who is born in India, has an Indian parent, or has lived in India for over 11 years, is eligible for Indian citizenship. At present, illegal migrants to do not fit this category.

The Bill also seeks to cancel the registration of Overseas Citizen of India (OCI) cardholders if they violate any law. he Bill makes illegal migrants eligible for citizenship on the basis of religion. This may violate Article 14 of the Constitution which guarantees right to equality. The Bill allows cancellation of OCI registration for violation of any law. This is a wide ground that may cover a range of violations, including minor offences (eg. parking in a no parking zone).