Filled with loopholes, the Citizenship Amendment Bill, 2019 that challenges the constitution and flags off BJP’s Ghar Wapsi for all non-muslims fails to answer key questions.
In short, the Citizenship Amendment Bill, 2019 legalizes the uncontrolled influx of a massive population in an already overpopulated country. The Union Cabinet has approved the contentious Citizenship Amendment Bill and is all set to table it in the Parliament next week. However, the Citizenship Amendment Bill has always remained the top priority for the BJP. Even in 2016, they tried to pass it in Parliament but did not succeed.
Approved by the Union Cabinet, the contentious Citizenship Amendment Bill, 2019 is expected to be table it in the Parliament probably next week
However, the opposition parties vehemently criticized the bill accusing it to be against the very spirit of the Indian Constitution. It staunchly passed on the message that it won’t be easy for the BJP to garner enough support to pass the bill in the Parliament. The matter of relief for the Indian citizens is that the BJP is not enjoying a majority in the Rajya Sabha (Upper House of the Parliament).
What is this Citizenship Amendment Bill 2019 all about?
The CAB, 2019 flags off BJP’s Ghar Wapsi and provides Indian citizenship to 6 minority communities- Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians fleeing persecution in Bangladesh, Afghanistan, and Pakistan. However, it excludes citizenship rights to the Muslim and Jewish communities. As per the Citizenship Act of 1955, a person must have stayed in India for 12 years, but now it has reduced to 6 years before applying for Indian citizenship.
Furthermore, the Overseas Citizen of India (OCI) cardholders will be provided with a hearing if one is found violating any law. The Citizenship Amendment Bill also specified that any person who entered India on or before 31st December 2014 are exempted by the GOI under Section 3(2)(C) of the Passport entry into India Act, 1920 or provision of the Foreigners Act, 1946 and also any other such laws will not be treated as an illegal migrant.
Why CAB is Unconstitutional In Nature?
CAB, 2019 is a bill against the Preamble of Indian Constitution which speaks about constituting India into a secular country. It is also against the Fundamental Right provided under Article 14 of the Indian Constitution. Furthermore, Article 15 of the Indian Constitution states that the State shall not discriminate between citizens based on their Religion, Race, Caste, Sex, and Place of birth or any of them.
It secures a person’s equality before the law and equal protection of the law. Above all Article 14 is even accessible to foreign citizens. In short, it is against the fundamental principles and tenets of Indian democracy which promotes humanity first.
Moreover, the bill is fundamentally unconstitutional as it violates the basic idea of India. The people favouring religion as the basis of nationhood created Pakistan.
Watch: Citizenship (Amendment) Bill Cleared By Union Cabinet. What Next?
However, the idea of the nation in India was enshrined under the thoughts of Mahatma Gandhi, Nehru, Maulana Azad, Dr. Ambedkar, where religion had not determined the nationhood. The bill also aims to destroy the basis of India and citizenship cannot be determined or linked with religion.
CAB, 2019 Questions Unanswered
As per the government’s argument, the bill provides citizenship only to those persecuted in their parent countries. However, BJP has shied away from answering some crucial questions related to the implementation of the Citizenship Amendment Bill, 2019:
- So, how will the government identify whether the individuals have been targeted or persecuted?
- What if India witnesses immigration solely for economic benefits where migrants claim being persecuted on religious grounds?
- How will the government identify people on religious grounds? (There are no such stamps on our body for identification, anyone can lie to enjoy benefits).
- As per a report, in Bangladesh, Hindus number around 1.75 crores. So, with BJP’s Ghar Wapsi narrative, what if they all want to enter India? How will the government able to manage this huge population?
- Furthermore, what about the Muslims that have entered India through illegal means and converted their religion?
- Even if identified, how will it be possible to deport people claiming persecution in their parent countries?