What is the Citizenship Amendment Bill or CAB?

The purpose of the Citizenship Amendment Bill (CAB) 2019 is to help the religious minorities from Pakistan, Bangladesh and Afghanistan who are fleeing from persecution in their countries. But why did it cause such an uproar in the public and media?

Originally, the Indian Constitution guaranteed Indian citizenship to all its residents without discrimination on the grounds of religion. The Citizenship Act 1955 accorded Indian citizenship to all its residents born in India. In 1985, former prime minister Rajiv Gandhi signed the Assam Accords, which granted citizenship to all illegal migrants from Bangladesh who arrived in India before 1971. The current Indian government introduced a bill in the Parliament that sought to amend the Citizenship Act 1955, known as the Citizenship Amendment Bill (CAB). Let us try and understand what is Citizenship Amendment Bill or CAB and what were its controversies?

What Is the Citizenship Amendment Bill or CAB? 

The Citizenship Amendment Bill is an amendment to the original Indian Citizenship Act of 1955. The Citizenship Act 1955 prohibits the naturalisation of illegal immigrants from neighbouring countries who migrated to India without valid documentation. The new bill also redefines the provision which requires a migrant to live and work in India for at least 11 years before applying for citizenship. 

The Citizenship Amendment Bill allows Hindus, Buddhists, Sikhs, Jains, Christians, and Parsis from neighbouring nations like Afghanistan, Pakistan, and Bangladesh to apply for citizenship only after living and working in India for 6 years. They will acquire citizenship by naturalisation. It also makes a provision for holders of Overseas Citizens of India (OCI) cards. OCI holders are generally permitted to live and work freely anywhere in India. But according to the new provision, OCI holders can lose their right to live and work in India if they violate Indian laws whether they are petty mistakes or serious felonies. The CAB exempts the whole of Arunachal Pradesh, Nagaland and Mizoram along with certain tribal regions of Meghalaya, Assam and Tripura, from its rule. The passage of CAB led to huge controversies and widespread protests across India.

The purpose of the Citizenship Amendment Bill (CAB) 2019 was to provide a fast-track pathway for Indian citizenship for non-Muslim migrants from Pakistan, Bangladesh and Afghanistan. The government claims that the purpose of the Citizenship Amendment Bill (CAB) 2019 was to provide shelter to people fleeing from persecution. 

What Makes the Citizenship Amendment Bill Controversial?

The fact that the Muslim migrant population has not been offered the eligibility for Indian citizenship under the new Citizenship Amendment Bill (CAB) is the main reason behind the controversy. Opposition, along with various states and foreign media deemed the bill to be discriminatory against Muslims. The Muslims from Bangladesh, Pakistan and Afghanistan were not eligible for the provision provided by the citizenship rules under CAB. Also, the CAB did not include migrants from non-Islamic nations (like the Buddhists from Tibet, Hindus from Sri Lanka, or Rohingya Muslims from Myanmar) who are trying to flee from persecution in their countries. The National Register of Citizens (NRC) was one of the main agendas of the BJP’s 2019 election manifesto. It raised concerns that the new CAB law will protect non-Muslims in the purview of the NRC while the Muslims will not be protected.

The Aftermath of the Citizenship Amendment Bill 2019 

The passage of the CAB prompted widespread chaos and protests all across India. Protests were held in all major cities including New Delhi, Bangalore, Hyderabad, Kolkata, Guwahati, etc. Student organisations from many well-known Indian institutions (IITs, JNU, IISc) also organised protests of their own. Many people were injured and some even lost their lives as a result of these protests and police retaliation. The CAB also caught the attention of foreign media and other nations. There were protests in major foreign capitals like New York, Berlin, Paris, Washington DC, Amsterdam, Tokyo, etc. The United Nations criticised the Act by calling it discriminatory against Muslim migrants.

Conclusion

The Citizenship (Amendment) Bill, 2019 was legislation passed by the Indian Parliament on 11th December 2019, which amended the Citizenship Act, 1955 to help the religious minorities from 3 neighbouring countries, namely, Pakistan, Afghanistan and Bangladesh, who arrived in India before 31st December 2014 by offering a fast-track pathway for Indian citizenship. However, the bill excluded Muslims from enjoying its benefits. It led to major controversies and widespread riots across the nation as the public considered it unconstitutional and unsecular.