Citizenship Amendment Act – the straw that broke the camel’s back

Since the Ram Janmabhoomi movement, which culminated in the demolition of the Babri Masjid, nothing has polarized Indian politics and society as much the Citizenship Amendment Act. On its own, its fair to assume that CAA is not  a particularly insidious piece of legislature, but when it gets combined with National Register of Citizens (NRC) as explained by Amit Shah below, it becomes some to be vary of.

As Amit Shah stated, CAB(A) will be applied before carrying out the process of NRC. In his own words, the refugees(non Muslim migrants) will be granted citizenship and the infiltrators (Muslim migrants – he also referred to them as termites at one instance) will be thrown out or prosecuted (there was some talk of throwing them into the Bay of Bengal).

Its clear to conclude that by refugees – he means Bangladeshi Muslims who reside illegally in India as almost no Muslims from Pakistan and Afghanistan come to India illegally with an intention a  better life. (When they do cross the LOC illegally, they’re treated as enemy combatants or terrorists)

The ACT: 

The instrumental part of the act reads

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

While this amendment to the ACT is seen as problematic, one must point out that large portions of the existing ACT are also extremely problematic – most of which were added after 1955 under various governments at various times. In particular the 1986 amendment (under Rajiv Gandhi) – which meant children born to both illegal immigrants wouldn’t get citizenship. This is seen as a contradiction with the Birthright naturalization (Jus soli ) principle of the Constitution. The 2003 amendment (under Vajpayee) further restricted citizenship to children, when either of their parents is an illegal immigrant.

The 2003 amendment also prevented illegal immigrants from claiming naturalization by some other legal means. So in short with the CAA 2019, this particular amendment (2003) has been annulled for Non Muslims who have come to Indian sovereign land from Bangladesh, Pakistan and Afghanistan.

In other words, the CAA facilitates the imagination of India as the natural homeland of subcontinental Non-Muslims (but not a Hindu Rashtra or Hindu State).

Objective Reasons for opposing the CAA:

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