Draft Citizenship Amendment

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DRAFT CITIZENSHIP AMENDMENT

This new regulation that was signed at the end of 2019 in India allows to
grant the nationality of this Country to undocumented migrants from
Pakistan, Bangladesh and Afghanistan, neighboring countries of India,
however, it excludes Muslims.
And it is here that where the conflict in question originates, since this
exclusion of a group of migrants for the mere fact of being Muslims is
discriminatory, this measure goes against the secular constitution of India
since the constitution of India prohibits religious discrimination against its
citizens and guarantees equality before the law to all people; This norm is
exclusive as it violates the secular principles enshrined in the Indian
constitution and, above all, it should be argued that faith cannot become a
condition for obtaining citizenship.
If the presumed migrants are divided between Muslims and non-Muslims,
this Law would be endorsing religious discrimination and would be
enshrining it in the present norm, going against the basic and ethical
principles of the Indian Constitution.
This is a perfect case of damages, given that a migrant of Muslim religion,
who meets the rest of the requirements for nationality to be granted,
would not be granted, just because of his condition of being Muslim, he
could perfectly present a Amparo action requesting the
unconstitutionality of this Law.

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