Citizenship Amendment Bill(CAB).
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The Citizenship Amendment Act,2019 was passed by the Rajya Sabha on 11th December, 2019. It will now be passed to the President for his assent. 125 lawmakers voted in the favor of the Citizenship Amendment Bill, whereas, 99 were against it. It amended the Citizenship Act of 1955 by providing citizenship to the non-Muslims Hindus, Christians, Sikhs, Jains, Buddhists and Parsis from Afghanistan,Pakistan and Bangladesh who arrived in India before 31st December, 2014.
Now, let's have a glance on the key features of CAB:
(i) The Bill amends the Act to provide that the Hindus, Sikhs, Buddhists, Parsis, Jains and Christians from Bangladesh, Afghanistan and Pakistan, who came India on or before 31st December, 2014 will not be treated as illegal migrants. They must also have been exempted from the Foreigners Act, 1946 and the Passport Act, 1920 by the central government.
(ii) The Act allows the person to apply for citizenship by naturalization or registration if the person have certain qualifications such as, if a person resides in India for a year and if one of his parents is a former Indian citizen, he/she may apply for citizenship by registration. Also, to obtain the citizenship by naturalization, the person must have resided in India for at least 11 years before applying the citizenship. For the above mentioned group of people, the period of 11 years will be reduced to 5 years.
There are few areas also where CAB is not applicable. These have been put into light in the following given statement:
This Bill will not be applicable to the tribal areas of Assam, Meghalaya, Mizoram and Tripura, which are included in the Sixth Schedule to the Constitution.
Also, this Bill makes amendments to provisions related to Overseas Citizens of India(OCI). As per this, a foreigner may register as an OCI under the 1955 Act if they are of Indian origin. They have certain benefits such as right to travel to India, to work and study in the country.
Moreover, the Act also includes that the central government may cancel the registration of OCI's if the registered person violates the law, they have registered through fraud.
Beside all these, there are many concerns against this Amendment Act, such as:
India has several immigrants that include Tamils from Sri Lanka and Hindus from Myanmar. They are not brought under this Act.
This Bill highlights on the religious oppression that is happening in the countries mentioned, thus, it may worsen our relations with them.
So, what stand has been taken by our Government?
According to the Government, this bill will prove to be a great boon to all those people who have been the victims of the partition.
The Government has clearly mentioned that Pakistan, Afghanistan and Bangladesh are Islamic republics where Muslims are in majority and hence cannot be treated as minorities.
Thus, concludingly, it can be seen that, on upcoming of this Act, citizenship is provided to immigrants. This is very good step but it also needs some modifications, such as North-East states should also be included. Everything should be kept in mind so that this Act will actually lead to be boon to each and every community residing in India.
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The amendment act is of citizenship Act 1955. This act requires applicants to have resided in India for 11 years of last 14 years. The act is for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from this three-nation.
TAKE A LOOK OF timeline
2014:- First-time Prime minister Narendra Modi has talked during one of the election rallies about the plight of persecuted minorities in neighboring countries.
2015:- They bring immediate relief to the migrants who belong to these religions. The government issued a notification which exempted them from the provisions of Foreigners Act 1946.
2016:-The citizenship Amendment 2016 has been introduced in Loksabha to provide Indian Citizenship.
2019:- Loksabha passed the citizenship Amendment Bill 2019 on January 08, 2019.
Who can get the benefits of This Citizenship Act?
The citizenship act grants citizenship to the Hindus, Christian, Sikhs, Buddhists, Jains, and Parsis from Afghanistan, Pakistan, and Bangladesh. If they have arrived in India before 31 Dec 2014. All the people who belong to these religions and belongs to all these countries, stand a chance to become an Indian even if they don't have requisite documents, While now they do not need to live in India for 11 years, it has been reduced to five years. Now for applying for citizenship they just have to stay for 5 years in India.
Exclusion Of Amendment
The citizenship Amendment act does not apply to tribal areas of Tripura, Mizoram, Assam, and Meghalaya. This is because they have been included in the sixth schedule of the constitution. Also, All these areas that have been lied under the Inner limit notified under the Bengal Eastern Frontier Regulation 1873.
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In Citizenship Amendment Act there is not any rules made for the Indian. It is only for refugees. As in Indian culture "World is our family" so we have to understand the problems of those who came to India and don't want to go to their country because of religion discrimination in their country and should have to provide them shelter in India. In these countries the minorities are harassed by the majorities due to which they don't want to leave in their nation. They forcefully have to changed their religion and religious places are destroyed. These minorities are decreasing continuously in their states. This act does not affects any culture or religion of Indian as it is only for refugees. This act is not applicable in inner line permit states which are Mizoram, Nagaland and Arunachal Pradesh and the tribal area of Assam, Meghalaya and Tripura. After this act over 30000 people will be considered as citizens of India. In this act any states don't have their right to oppose this act. Citizenship Amendment Act does not violate any act which is defined in constitution of India.
We should accept and appreciate this act to welcome refugees as member of our family. Because many times a lot of countries provides shelter to refugees.
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The Citizenship Amendment Bill, 2019 passed by Lok Sabha on Monday and Rajya Sabha on Wednesday, proposes to accord citizenship to illegal Hindu, Sikh, Buddhist, Jains, Parsis and Christian migrants from Pakistan, Bangladesh, and Afghanistan. It, naturally, implies that migrants, who identify themselves with any group or community other than those mentioned above, from these countries won't be eligible for citizenship. The bill also relaxes the provisions for "Citizenship by naturalisation".
Citing partition between India and Pakistan on religious lines in 1947, the NDA government has argued that millions of citizens of undivided India belonging to various faiths were staying in Pakistan and Bangladesh from 1947. "The constitutions of Pakistan, Afghanistan, and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities have faced persecution on grounds of religion in those countries.
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