CAA (citizenship amendment act), 2019 (for prelims)

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About Event

CAA 2019 was recently by the parliament that seeks to amend the CAA,1955.

Background

  • Article 11 of Indian constitution empowers parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
  • CAA, 2013 provided that illegal migrants will not be eligible to apply for citizenship by either registration or naturalization.
  • Section 2(1) (b) of the citizenship act, 1955 defines illegal migrants as a foreigner who.

# Enters the country without valid travel documents, like passport and visa or

# Enters with the valid documents but stays, beyond the permitted time period.

  • Concessions to the minorities in some countries:-

#  Foreigners acts, 1946 and passport Act, 1920 empower the central government to imprison or depart illegal migrants.

# Exempting certain groups of illegal migrants from provisions of 1946to 1920 Acts. These groups are  Hindu, Sikh, Buddhist, Jain, Parsis and Christian from Afghanistan, Bangladesh and Pakistan. Who arrived in India on or before december31, 2014. This implies that these groups of illegal migrants will not be departed or imprisoned for being in India without valid documents.

# A CAA was intro in Parliament in 2016 but lapsed.

Key provision of the CAA,2019

The amendment provides that illegal migrants who fulfill four condition will not treated as illegal migrants under the act, they are:-

  1. They are Hindu, Sikhs, Buddhist ,Jain, Parsi or Christians.
  2. They are from Afghanistan, Pakistan, and Bangladesh.

Inner line permits I.e. Arunachal Pradesh, Mizoram, and Nagaland.

All legal proceedings against above category of migrants in respects of their illegal migration or citizenship will be closed.

The period of naturalization has been reduced from 11 years to 5 years for above category of migrants.

Agreements in favous of the amendement Act

Religious persecution:- Nehru liaquat pact also known as Dehli pact signed in1950, Sought to provide certain Safeguards and right to religious minorities like unrecognition of forced conversions and returning of abducted women and looted property etc.

However, Afghanistan, Pakistan, and Bangladesh have a state religion with discrimination.