Citizenship (Amendment) Act, 2019

The Citizenship (Amendment) Act, 2019 was passed by the

Citizenship (Amendment)
Parliament of India on 11 December 2019. It amended the
Act, 2019
Citizenship Act of 1955 by providing a path to Indian citizenship
for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious
minorities fleeing persecution from Pakistan, Bangladesh and
Afghanistan.[2] Muslims were not given such eligibility.[3][4] The
act was the first time religion had been overtly used as a criterion
for citizenship under Indian law.[5]

The Hindu nationalist Bharatiya Janata Party (BJP), which leads

the Indian government, had promised in previous election
manifestos to offer Indian citizenship to persecuted religious Parliament of India
minorities from neighboring countries.[6][7] Under the 2019
Long title
amendment, migrants who had entered India by 31 December
An Act further to amend the
2014, and had suffered "religious persecution or fear of religious
Citizenship Act, 1955.
persecution" in their country of origin were made eligible for
citizenship.[2] The amendment also relaxed the residence Citation Act No. 47 of 2019 (ht
requirement for naturalization of these migrants from eleven tp://egazette.nic.in/Wr
years to five.[8] Immediate beneficiaries of the Bill, according to iteReadData/2019/21
the Intelligence Bureau of India, will be 31,313 refugees: 25,447 4646.pdf)
Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.[9] Enacted by Lok Sabha

The amendment has been widely criticised as discriminating on Passed 10 December 2019
the basis of religion, in particular for excluding Muslims.[3][4] Enacted by Rajya Sabha
The Office of the United Nations High Commissioner for Human Passed 11 December 2019
Rights called it "fundamentally discriminatory", adding that while
Assented to 12 December 2019
India's "goal of protecting persecuted groups is welcome", this
Signed 12 December 2019
should be accomplished through a non-discriminatory "robust
national asylum system".[10] Critics express concerns that the bill Signed by Ram Nath Kovind
would be used, along with the National Register of Citizens, to President of India
render Muslim citizens stateless. Commentators also question the Effective Not yet; to be notified
exclusion of persecuted religious minorities from other regions by the government on
such as Tibet, Sri Lanka and Myanmar.[11][12] The Indian a date chosen by it.[1]
government says that Pakistan, Afghanistan and Bangladesh are Legislative history
Muslim-majority countries therefore Muslims are "unlikely to
Bill Citizenship
face religious persecution" there.[7][13] However, certain Muslim
introduced (Amendment) Bill,
groups, such as Hazaras and Ahmadis, have historically faced
in the Lok 2019
persecution in these countries.[14][15][16]
Sabha
The passage of the legislation caused large-scale protests in Bill citation Bill No. 370 of 2019
India.[17] Assam and other northeastern states have seen violent (http://164.100.47.4/B
demonstrations against the bill over fears that granting Indian illsTexts/LSBillTexts/A
citizenship to refugees and immigrants will cause a loss of their sintroduced/370_201
"political rights, culture and land rights" and motivate further 9_LS_Eng.pdf)
migration from Bangladesh.[18][19][20] In other parts of India, Bill 9 December 2019
protesters said the bill discriminated against Muslims and published
demanded that Indian citizenship be granted to Muslim refugees on
and immigrants.[21] Major protests against the Act were held at
Introduced Amit Shah
universities in India. Students at Aligarh Muslim University and
by Minister of Home
Jamia Millia Islamia alleged brutal suppression by the police.[22]
Affairs
The protests have led to the deaths of several protesters, injuries
to protesters and police personnel, damage to public and private First 9 December 2019
property, the detention of thousands of people, and suspensions of reading
local internet mobile phone connectivity in certain areas.[23][24] Second 10 December 2019
Some states have announced they will not implement the Act. reading
The Union Home Ministry has said that states lack the legal Third 11 December 2019
power to stop the implementation of the CAA.[25] reading
Amends
Citizenship Act, 1955
Contents Status: In force
Background
Legislative history
The Amendments
Analysis
Exclusion of Muslims
Exclusion of other persecuted communities
Reception
Protests
Indian government response
Rallies in support
Refugees
Political and legal challenge
Commentary and petitions
International reactions
See also
Notes
References
Bibliography
Further reading
External links

Background
The Indian Constitution was implemented in 1950 guaranteed citizenship to all of the country's residents
at the commencement of the constitution, and made no distinction on the basis of religion.[26][27][28][29]
The Indian government passed the Citizenship Act in 1955. The Act provided two means for foreigners
to acquire Indian citizenship. People from "undivided India"[a] were given a means of registration after
seven years of residency in India. Those from other countries were given a means of naturalisation after
eleven years of residency in India.[31][32]

A 2003 amendment to this act, legislated by the National Democratic Alliance government, prohibited
illegal migrants from obtaining Indian citizenship. The act defined illegal immigrants as citizens of other
countries who entered India without valid travel documents, or who remained in the country beyond the
period permitted by their travel documents.[33][34] The law provided provisions to deport or jail the
illegal immigrants.[35]

India is not a signatory to either the 1951 UN Refugee Convention or the 1967 Protocol.[36][37] It does
not have a national policy on refugees. All refugees are classed as "illegal migrants". While India has
been willing to host refugees, its traditional position formulated by Jawaharlal Nehru is that such
refugees must return to their home countries after the situation returns to normal.[38][39] According to the
US Committee for Refugees and Immigrants, India hosts refugees in excess of 456,000,[40] with about
200,000 from "non-neighbouring" countries hosted via the UNHCR.[38][41][b] According to Shuvro
Sarker, since the 1950s and particularly since the 1990s, the Indian governments under various political
parties have studied and drafted laws for the naturalization of refugees and asylum seekers. These drafts
have struggled with issues relating to a mass influx of refugees, urban planning, cost of basic services,
the obligations to protected tribes, the impact on pre-existing regional poverty levels within India.[43]

A very large number of illegal immigrants, the largest numbers of whom are from Bangladesh, live in
India. The Task Force on Border Management quoted the figure of 15 million illegal migrants in 2001. In
2004, the United Progressive Alliance (UPA) government stated in Parliament that there were 12 million
illegal Bangladeshi migrants in India.[44] The reasons for the scale of migration include a porous border,
historical migration patterns, economic reasons, and cultural and linguistic ties.[45]

The "detection, deletion and deportation" of illegal migrants has been on the agenda of the Hindu
nationalist Bharatiya Janata Party (BJP) since 1996.[46] In December 2003, the party passed the
Citizenship (Amendment) Act, 2003 with far-reaching revisions of the Citizenship Act by adding the
notion of "illegal immigrants", making them ineligible to apply for citizenship (by registration or
naturalisation), and declaring their children also as illegal immigrants. The Act also mandated the
Government of India to create and maintain a National Register of Citizens. The bill received the full
support of the Indian National Congress.[47][48] But its leader in the Upper House, Manmohan Singh,
requested that the refugees belonging to the minority communities of Bangladesh should be treated more
liberally.[49][50]

In the 2016 assembly elections for the border state of Assam, the BJP leaders campaigned in the state
promising voters that they would rid Assam of the Bangladeshis. Simultaneously, they also promised to
protect Hindus who had fled religious persecution in Bangladesh.[51] The BJP had earlier promised in its
2014 election manifesto to provide a "natural home" for persecuted Hindu refugees.[52] The difficulties
faced by Hindu refugees from Pakistan have since been reported in the news media.[53][54] However, in
the context of an effort to identify and deport illegal immigrants, the proposal took a new meaning.
Illegal migrants could be granted citizenship if they were non-Muslim, on the grounds that they were
refugees; Muslims alone would be deported.[27]
The year before the 2016 elections, the government legalised refugees belonging to religious minorities
from Pakistan and Bangladesh, granting them long-term visas. Bangladeshi and Pakistani nationals
belonging to "minority communities" were exempted from the requirements of the Passport (Entry into
India) Act, 1920 and the Foreigners Act, 1946.[55] Specifically mentioned were "Hindus, Sikhs,
Christians, Jains, Parsis and Buddhists," who had been "compelled to seek shelter in India due to
religious persecution or fear of religious persecution". Eligibility for the exemption was made contingent
on a migrant having arrived in India by 31 December 2014.[56]

In parallel to the drafting of an amendment to the 1955 Citizenship Act, the BJP government completed
an effort to update the National Register of Citizens (NRC) in the state of Assam. The process for
creating the NRC had been put in place by the Citizenship rules enacted in 2003, and had been
implemented in Assam under Supreme Court supervision as a result of a 2014 Supreme Court ruling.[57]
This was mandated under prior peace agreements in northeast, in particular the Assam Accord signed in
the presence of the former Prime Minister Rajiv Gandhi.[58][59] The updated register was made public in
August 2019; approximately 1.9 million residents were not on the list, and were in danger of losing their
citizenship.[60] Many of those affected were Bengali Hindus, who constitute a major voter base for the
BJP.[61] They also include Bangladeshi Muslims who constitute a vote bank for Congress, CPI(M) and
the Trinamool Congress.[62][c] On 19 November 2019, Home Minister Amit Shah, declared in the Rajya
Sabha of the Indian parliament that the National Register of Citizens would be implemented throughout
the country.[65]

Legislative history
The BJP government introduced a bill to amend the citizenship law in 2016, which would have made
non-Muslim migrants from Pakistan, Afghanistan, and Bangladesh eligible for Indian citizenship.[66][67]
Although this bill was passed by the Lok Sabha, or lower house of Indian parliament, it stalled in the
Rajya Sabha, following widespread political opposition and protests in northeast India that did not want
any migrants from Bangladesh. Opponents of the bill in Assam and the northeastern states of India stated
that any migration from Bangladesh "irrespective of religion" would cause "loss of political rights and
culture of the indigenous people".[67][68]

The BJP reiterated its commitment to amend the citizenship act in its 2019 election campaign. It stated
that religious minorities such as Hindus and Sikhs are persecuted in neighboring Muslim-majority
countries, and promised to fast track a path to citizenship for non-Muslim refugees.[69][70] After the
elections, the BJP government drafted a bill that addressed the concerns of its northeastern states. It
excluded Arunachal Pradesh, Mizoram, Nagaland, Tripura, Meghalaya and Manipur, except for non-
tribal cities exempted under pre-existing regulations. It also excluded tribal areas of Assam.[71] The
Indian government, while proposing an Amendment, said, that its bill aims to grant quicker access to
citizenship to those who have fled religious persecution in neighbouring countries and have taken refuge
in India.[13][72][3]

The Bill was introduced in Lok Sabha on 19 July 2016 as the Citizenship (Amendment) Bill, 2016. It was
referred to the Joint Parliamentary Committee on 12 August 2016. The Committee submitted its report
on 7 January 2019 to Parliament. The Bill was taken into consideration and passed by Lok Sabha on 8
January 2019. It was pending for consideration and passing by the Rajya Sabha. Consequent to
dissolution of 16th Lok Sabha, this Bill has lapsed.[73]
After the formation of 17th Lok Sabha, the Union Cabinet cleared the Citizenship (Amendment) Bill,
2019, on 4 December 2019 for introduction in the parliament.[67][74] The Bill was introduced in 17th Lok
Sabha by the Minister of Home Affairs Amit Shah on 9 December 2019 and was passed on 10 December
2019,[75] with 311 MPs voting in favour and 80 against the Bill.[76][77][78]

The bill was passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes
against it.[79][80] Those voted in favour included BJP allies such as Janata Dal (United), AIADMK, Biju
Janata Dal, TDP and YSR Congress Party.[79][80]

After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an
act.[81] The act will come into force on a date chosen by the Government of India, and will be notified as
such.[1] The implementation of the CAB began on 20 December 2019, when Union Minister Mansukh
Mandaviya gave citizenship certificates to seven refugees from Pakistan.[82]

The Amendments
The Citizenship (Amendment) Act of 2019 amended the Citizenship Act, 1955, by inserting the
following provisos in section 2, sub-section (1), after clause (b):[1]

"Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian
community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before
the 31st day of December, 2014 and who has been exempted by the Central Government by
or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act,
1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or
order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;"[1]

A new section 6B was inserted (in the section concerning naturalisation), with four clauses, the first of
which stated::

(1) The Central Government or an authority specified by it in this behalf may, subject to
such conditions, restrictions and manner as may be prescribed, on an application made in
this behalf, grant a certificate of registration or certificate of naturalisation to a person
referred to in the proviso to clause (b) of sub-section (1) of section 2.[1]

The "exempted" classes of persons were previously defined in the Foreigners (Amendment) Order, 2015,
(issued under the Foreigners Act, 1946):[56]

3A. Exemption of certain class of foreigners. – (1) Persons belonging to minority

communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis
and Christians who were compelled to seek shelter in India due to religious persecution or
fear of religious persecution and entered into India on or before the 31st December, 2014

(a) without valid documents including passport or other travel documents and
who have been exempted under rule 4 from the provisions of rule 3 of the
Passport (Entry into India) Rules, 1950 [...]; or
(b) with valid documents including passport or other travel document and the
validity of any of such documents has expired,
 are hereby granted exemption from the application of provisions of the Foreigners Act,
1946, and the orders made thereunder in respect of their stay in India without such
documents or after the expiry of those documents, as the case may be [...].[56]

The Rules had been further amended in 2016 by adding Afghanistan to the list of countries.[83]

Exemptions were granted to northeastern regions of India in the clause (4) of section 6B:

(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or
Tripura as included in the Sixth Schedule to the Constitution and the area covered under
"The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.'.[1]

Analysis
The Bill amends the Citizenship Act of 1955 to give eligibility for Indian citizenship to illegal migrants
who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and
Pakistan, and who entered India on or before 31 December 2014. The bill does not mention
Muslims.[84][85] According to Intelligence Bureau records, the immediate beneficiaries of the Amended
Act will be 31,313 people: 25,447 Hindus, 5,807 Sikhs, 55 Christians, 2 Buddhists and 2 Parsis.[9][86]

Under the Act, one of the requirements for citizenship by naturalisation is that the applicant must have
resided in India during the last 12 months, and for 11 of the previous 14 years. The Bill relaxes this 11-
year requirement to five years for persons belonging to the same six religions and three countries. The
bill exempts the tribal areas of Assam, Meghalaya, and Tripura from its applicability. It also exempts the
areas regulated through the Inner Line Permit, which include Arunachal Pradesh, Mizoram and
Nagaland.[87][88][89] The inclusion of Manipur in Inner Line Permit was also announced on 9 December
2019.[71]

The Bill includes new provisions for cancellation of the registration of Overseas Citizenship of India
(OCI) if there are any violations of the provisions of this Act or provisions of any other law of India. It
also adds the opportunity for the OCI holder to be heard before the cancellation.[1][67]

Exclusion of Muslims
Muslims from Pakistan, Bangladesh and Afghanistan are not offered citizenship under the new
Act.[3][4][90] Critics have questioned the exclusion. The Amendment limits itself to the Muslim-majority
neighbours of India and, secondly, takes no cognizance of the persecuted Muslims of those countries.[42]
According to The Economist, if the Indian government was concerned about religious persecution, it
should have included Ahmadiyyas – a Muslim sect who have been "viciously hounded in Pakistan as
heretics", and the Hazaras – another Muslim sect who have been murdered by the Taliban in Afghanistan.
They should be treated as minorities.[14]

Pakistan, Afghanistan, and Bangladesh are Muslim-majority countries that have modified their
Constitutions in recent decades to declare Islam their official state religion. Therefore, according to the
Indian government, Muslims in these Islamic countries are "unlikely to face religious persecution". The
government states that Muslims cannot be "treated as persecuted minorities" in these Muslim-majority
countries.[13][7] The BBC states that while these countries have provisions in their constitution
guaranteeing non-Muslims rights, including the freedom to practice their religion, in practice non-
Muslim populations have experienced discrimination and persecution.[13]

BJP parliamentarian Meenakshi Lekhi claims that attacks on Ahmadiyya Muslims in Pakistan are
"sectarian, not religious" in nature. She also claims that prior to 1947 Ahmaddiyas "voted en bloc to go
with Pakistan" and also claims that many are critical of India.[91]

Exclusion of other persecuted communities

The Act does not include migrants from non-Muslim countries fleeing persecution to India, particularly
Rohingya Muslim refugees from Myanmar, Hindu refugees from Sri Lanka, and Buddhist refugees from
Tibet, China.

The Act is silent about the Hindu refugees from Sri Lanka. The Sri Lankan Tamils were allowed to settle
as refugees in Tamil Nadu in 1980s and 1990s due to systemic violence from the Sinhalese of Sri Lanka.
They include 29,500 "hill country Tamils" (Malaiha).[39][92]

The Act does not provide relief to Tibetan Buddhist refugees.[11] They came to India in the 1950s and
1960s. Their status has been of refugees over the decades. According to a 1992 UNHCR report, the then
Indian government stated that they remain refugees and do not have the right to acquire Indian
nationality.[93]

The Act does not address Rohingya Muslim refugees from Myanmar. The Indian government has already
been deporting Rohingya refugees back to Myanmar, despite the risk to their lives.[15][94]

Reception

Protests
The passage of the Act
triggered different types
of protests and criticisms.
In the eastern regions of
India, protesters were
against the naturalization
Locals and Jamia Millia Islamia of any and all refugees or
students protest against CAA/NRC in migrants. They stated that
New Delhi on 15 December 2019
any law that offers
"prospect of citizenship
will further encourage migration from Bangladesh".[18] Decades
of migration, these protesters said, had already caused a "loss of
political rights and culture" as well as land rights of the native Locals protest against the CAB in the
people. According to them, the new provisions of this Act are capitol on 14 December 2019
against prior agreements such as the Assam Accord. [18][19] In
other parts of India, political and student activists protested that
the law "marginalizes Muslims, is prejudicial against Muslims" and sought that Muslim migrants and
refugees should also be granted Indian citizenship per its secular foundations.[20]
After the bill was cleared on 4 December 2019, violent protests erupted in Assam, particularly in
Guwahati.[95] Demonstrations were also held in Agartala, the capital of the state of Tripura.[96] By 16
December, six people had been killed, and fifty people injured, in clashes between police and
protesters.[97][98] Assamese women protesters said they "want peace, not Bangladeshi migrants" and the
influx of refugees and migrants would harm their state, culture and communal harmony.[19] No play was
possible on the fourth day of the cricket match between Assam and Services in the 2019–20 Ranji
Trophy because of the protests.[99] The India-Japan summit in Guwahati, which was supposed to be
attended by Shinzō Abe was also cancelled.[100][101] The UK, USA, France, Israel and Canada issued
travel warnings for people visiting India's north-east region, telling their citizens to "exercise
caution".[102][103][104]

Internet access was restricted in Assam state. Curfew was declared in Assam and Tripura due to the
protests.[105] The army was called in to as protesters defied those curfews. Railway services were
suspended and some airlines started offering rescheduling or cancellation fee waivers in those areas.[106]
Officials reported that at least two people died after clashes with police in Guwahati, Assam.[107]

Protests against the bill were held in several metropolitan cities across India, including Kolkata,[102]
Delhi,[108][109] Mumbai,[79] Bengaluru,[110] Hyderabad,[111] and Jaipur.[108] Smaller rallies were also
held in the southern states of Kerala and Karnataka.[102]

In Muslim-dominated parts of Delhi – India's capital, violent protests erupted, with a spokesperson
Chaudhary Mateen Ahmad stating that people are protesting because "it discriminates against the
Muslims". The protesters demanded that the law should grant Indian citizenship to Muslim immigrants
and refugees too.[21] On 15 December, police forcefully entered the campus of Jamia Millia Islamia
university, where protests were being held, and detained the students. Police used batons and tear gas on
the students. More than a hundred students were injured and an equal number were detained. The police
action was widely criticized, and resulted in protests across the country.[112][113][114]

Indian government response

On 16 December, after the protests entered the fifth day, Prime Minister Narendra Modi appealed for
calm in a series of tweets saying "No Indian has anything to worry regarding this act. This act is only for
those who have faced years of persecution outside and have no other place to go except India".[98][115]

On 19 December, police banned protests in several parts of India with the imposition of section 144
which prohibits the gathering of more than 4 individuals in a public space as being unlawful, namely,
parts of the capital Delhi, Uttar Pradesh, and Karnataka, including Bangalore. Police in Chennai denied
permission for marches, rallies or any other demonstration.[116][117] Internet services were shutdown in
several parts of Delhi. As a result of defining the ban, thousands of protesters were detained, including
several opposition leaders and activists such as Ramachandra Guha, Sitaram Yechury, Yogendra Yadav,
Umar Khalid, Sandeep Dikshit, Tehseen Poonawalla and D Raja.[118][119][120]

Rallies in support
Student groups such as those from the Akhil Bharatiya Vidyarthi Parishad – a student wing of the Hindu
nationalist Rashtriya Swayamsevak Sangh, held rallies in support of the amended Citizenship
Act.[121][122] Rallies in support of the Amendment Act were led by BJP leaders in West Bengal, who
alleged that the state government blocked them. They also accused the Chief Minister Mamata Banerjee's
party members of misinforming the state's residents about the new
law.[123] Similarly, some 15,000 people joined a BJP-organized rally in
support of the Act in Rajasthan.[124] On 20 December 2019, scores of
people held demonstrations in Central Park, Connaught Place, New
Delhi in support of the Act.[125][126] Hundreds on people gathered in
Pune, forming a human chain, in support of CAA, on 22
December.[127][128] People in favor of CAA at
Sabarmati Ashram,
Ahmedabad, Gujarat.
Refugees
Hindu refugee families in Assam, living since the 1960s in a refugee
camp and who had been denied Indian citizenship so far, said that the Amendment had "kindled hope" at
first. They added that the recent protests against the Act and demands for its cancellation have made
them fearful of the future.[129] In New Delhi, about 600 refugees from Pakistan living in a camp
consisting of tiny shanties celebrated the new law.[130] A delegation of Sikh refugees who had arrived
from Afghanistan three decades ago thanked the Indian government for amending the citizenship law.
They stated the Amended law would allow them to finally gain Indian citizenship and "join the
mainstream".[131]

Some Rohingya Muslim refugees in India were not optimistic about the Amendment and feared they
would be deported.[132][133] Other Rohingya refugees expressed gratitude at having been allowed to stay
in India, but did not make any comments specific to the Act lest they provoke a backlash. They said that
local police had asked them not to protest against the Act.[134]

Political and legal challenge

Chief Ministers of Indian states of Madhya Pradesh, Chhattisgarh, West Bengal, Punjab, Kerala and
Rajasthan and union territory of Puducherry – all led by non-BJP governments – said they will not
implement the law.[135][136][102] The states of West Bengal and Kerala have also put a hold on all
activities relating to the preparation and update of the National Population Register which is necessary
for the Census as well as the implementation of the National Register of Citizens.[137] According to the
Union Home Ministry, states lack the legal power to stop the implementation of CAA. The Ministry
stated that "the new legislation has been enacted under the Union List of the 7th Schedule of the
Constitution. The states have no power to reject it".[25] Modi stated on 21 December that the NRC had
only been implemented in Assam to follow a directive from the Supreme Court of India, and that there
had been no decision taken to implement it nation-wide.[138]

The Indian Union Muslim League petitioned the Supreme Court of India to declare the bill illegal.[139]
The royal family of Tripura also filed a petition in the Supreme Court against the bill.[105] The first
hearing by the Supreme Court of India on 60 petitions challenging the Act was on 18 December 2019.
During the first hearing, the court declined to stay implementation of the Citizenship (Amendment) Act,
2019. The court has set 22 January 2020 as the next date of hearing.[140]

Commentary and petitions

The foreign intelligence agency of India, R&AW, had expressed concern while deposing in front of the
joint parliamentary committee, and had stated that the bill could be used by agents of the foreign
intelligence agencies to infiltrate legally into India.[141] Harish Salve, former Solicitor General of India,
said that the bill does not violate Article 14, Article 25 and Article 21 of the Constitution of India.[142]
He points out that Article 15 and Article 21 apply only to the entities which reside in India, not to those
which want to enter India. Salve says that the bill doesn't violate secularism and describes it as a
'narrowly-tailored' provision that is designed to address a specific issue.[143]

A group of prominent individuals and organizations from around 12 countries representing minorities of
Bangladesh released a joint statement in which they described the Act as “humanitarian” provision
through which India has “partially fulfilled” it’s obligations towards the minorities of Bangladesh,
Pakistan and Afghanistan.[144]

A petition opposing the bill was signed by more 1,000 Indian scientists and scholars.[145] The petition
stated that "The use of religion as a criterion for citizenship in the proposed bill" was "inconsistent with
the basic structure of the Constitution".[145] A similar number of Indian academicians and intellectuals
released a statement in support of the legislation.[146] The petition stated that the act "fulfills the long-
standing demand of providing refuge to persecuted religious minorities from Pakistan, Bangladesh and
Afghanistan".[147]

The legislation has been criticised in India and abroad by commentators who claim that it violates the
secular Constitution of India and its promise of equality under Article 14.[35][148] The bill was opposed
by the Indian National Congress, who said it would create communal tensions and polarize India.[149]
According to Nitin Gadkari, a minister in the Indian government, the act was necessary because "India
was the only country in the world for Hindus".[150] The National Sikh Front – a group representing the
Sikhs in Jammu and Kashmir, stated that it supports the Act because it will help the Sikh refugees in
India who left Afghanistan.[151]

Commentators have expressed concerns that people who are unable to produce required documents to
prove their citizenship and inclusion in the NRC will be accepted as migrants and given Indian
citizenship under the Bill provided they are "of any identity except Muslim(s)"; the latter would risk
becoming stateless because they are not included under the Bill.[60][152][153]

International reactions
United Nations: The Office of the United Nations High Commissioner for Human Rights
(OHCHR) criticized the Act and called it "fundamentally discriminatory in nature". It added,
"Although India’s broader naturalization laws remain in place, these amendments will have
a discriminatory effect on people’s access to nationality."[154]

United States: The United States Commission on International Religious Freedom

(USCIRF) called for sanctions[155] against Amit Shah and "other principal leadership" over
passage of the Bill.[156] India's Ministry of External Affairs issued a statement in response,
stating that the statement made by the USCIRF was "neither accurate nor warranted", and
that neither the CAA nor the NRC sought to strip Indian citizens of citizenship.[157][158][159]
The United States House Committee on Foreign Affairs questioned the intent of the Bill and
noted that "[a]ny religious test for citizenship undermines this most basic democratic
tenet."[160] On 19 December, however, the United States Secretary of State said that the US
respects Indian democracy since it has a “robust” internal debate on the Citizenship
Act.[161]
Russia: Deputy Russian Ambassador to India, Roman Babuskhin, said that Russia
considers the legislation an internal matter of India.[162]
 Pakistan: Pakistan Prime Minister Imran Khan criticized the Act.[163] Pakistan's National
Assembly passed a resolution labeling the Act as a “discriminatory law” and argued that it
contravened "bilateral agreements and understandings between India and Pakistan,
particularly those on security and rights of minorities in the respective countries".[164]
Bangladesh: Bangladesh's Minister of Foreign Affairs, A. K. Abdul Momen said that Bill
could weaken India's historic character as a secular nation and denied that minorities were
facing religious persecution in his country.[165]

Malaysia: The Prime Minister of Malaysia, Mahathir Mohamad, criticized the law and
said it could "deprive some Muslims of their citizenship." India rejected the criticism and said
the law does not "deprive any Indian of any faith of her or his citizenship."[166]

See also
The Foreigners Act, 1946
Indian nationality law
National Register of Citizens of India
Illegal Migrants (Determination by Tribunal) Act, 1983
Illegal immigration to India
Refugees in India
Assam Accord
1971 Bangladesh genocide

Notes
a. The Act defines "undivided India" as "India as defined in the Government of India Act, 1935,
as originally enacted".[30] It included, in addition to India, the present day Pakistan and
Bangladesh.
b. Indian government statistics in 2014 show 289,394 "stateless persons" in India. The
majority were from Bangladesh and Sri Lanka (about 100,000 each), followed by those from
Tibet, Myanmar, Pakistan and Afghanistan.[42]
c. The excluded people of the Assam NRC were 0.5 million Bengali Hindus and 0.7 million
Muslims, with the remainder made up of local people and Hindus from north India.[63][64]

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Bibliography
Universal's The Citizenship Act, 1955 (https://www.refworld.org/pdfid/410520784.pdf)
(PDF), Universal Law Publishing Co., 2004 – via UNHCR
Gupta, Kanchan (2019), Beyond the poll rhetoric of BJP's contentious Citizenship
Amendment Bill (https://www.orfonline.org/research/beyond-poll-rhetoric-bjps-contentious-ci
tizenship-amendment-bill-50499/), Observer Research Foundation
Poddar, Mihika (2018), "The Citizenship (Amendment) Bill, 2016: international law on
religion-based discrimination and naturalisation law", Indian Law Review, 2 (1): 108–118,
doi:10.1080/24730580.2018.1512290 (https://doi.org/10.1080%2F24730580.2018.1512290)
Ranjan, Amit (2019), "National Register of Citizen Update: History and its impact", Asian
Ethnicity: 1–17, doi:10.1080/14631369.2019.1629274 (https://doi.org/10.1080%2F1463136
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Roy, Anupama (2010), Mapping Citizenship in India (https://books.google.com/books?id=Ao
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Anupama, Roy (14 December 2019), "The Citizenship (Amendment) Bill, 2016 and the
Aporia of Citizenship" (https://www.epw.in/journal/2019/49/perspectives/citizenship-amendm
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Sarker, Shuvro Prosun (2017), Refugee Law in India: The Road from Ambiguity to
Protection (https://books.google.com/books?id=D0UwDwAAQBAJ&pg=PA196), Springer,
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Further reading
The Citizenship (Amendment) Bill, 2016 - Highlights and Summary (http://prsindia.org/billtra
ck/the-citizenship-amendment-bill-2016-4348) by PRS Legislative Research

External links
The Citizenship (Amendment) Act, 2019 (https://indiancitizenshiponline.nic.in/UserGuide/E-
gazette_2019_20122019.pdf). The Gazette of India. (2019)
Report of Refugee Populations in India (https://www.hrln.org/admin/issue/subpdf/Refugee_p
opulations_in_India.pdf), Human Rights Law Network, November 2007.
Passport (Entry into India) Amendment Rules, 2015 and Foreigners (Amendment) Order,
2015 (https://indianfrro.gov.in/frro/Notifications_dated_7.9.2015.pdf), The Gazette of India
No. 553, 8 September 2015.
 Citizenship (Amendment) Bill as introduced in Lok Sabha, 2016 (http://prsindia.org/sites/def
ault/files/bill_files/Citizenship_%28A%29_bill%2C_2016_0.pdf), PRS Legislative Research,
2016.
Report of the Joint Parliament Committee (http://prsindia.org/sites/default/files/bill_files/Join
t%20committee%20report%20on%20citizenship%20%28A%29%20bill.pdf), Lok Sabha
Secretariat, 2019 (via PRS Legislative Research).
Citizenship (Amendment) Bill as introduced in Lok Sabha, 2019 (http://prsindia.org/sites/def
ault/files/bill_files/Citizenship%202019%20Bill%20Text.pdf), via PRS Legislative Research,
2019.
Citizenship (Amendment) Bill as passed by the Lok Sabha, 2019 (http://prsindia.org/sites/de
fault/files/bill_files/Citizenship%20%28A%29%20Bill%2C%202019%20as%20passed%20b
y%20LS.pdf), via PRS Legislative Research, 2019.

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