CULTIVATING THE VERACITY OF C.A.A 2019

Be yourself; Everyone else is already taken. — Oscar Wilde. This is the first post on my new blog. I’m just getting this new blog going, so stay tuned for more. Subscribe below to get notified when I post new updates.BTW “Do you sound smarter when you use big words?”

“According to a study published in Applied Cognitive Psychology, the answer is no.”Hope this fact would help you all in a way or the other.

Hello Guyz Welcome To WP REPUBLIC and To My Blog Concerning the issue of Citizenship Amendment  Act 2019 Surrounding the political atmosphere of India.Since It is a Sensitive Issue I would like you all to have a neutral perspective while reading this, and would like to make sure that the intention behind writing this blog is academic knowledge and bringing clarity to same. Credit Goes to the articles, editorials and lectures of various teachers which I have gone through to have a clarity on this topic.

    Citizenship is really the right to have rights. Part 2 of the Indian Constitution(Article5 to Article11) deals with citizenship related clauses. Article 5 talks specifically about the citizenship of India at the commencement of the Constitution. Article 11 gives The Parliament the power to regulate the right of Citizenship Legally. As per the Citizenship Act Of 1955 one can acquire Indian Citizenship through various means, one of which includes Citizenship by Naturalization which says that IF YOU ARE STAYING IN INDIA LEGALLY FOR A CERTAIN PERIOD OF TIME,YOU CAN EXTEND YOUR STAY BY APPLYING FOR CITIZENSHIP.

  One thing you need to keep in mind is that ILLEGAL MIGRANTS CAN NEVER APPLY  FOR INDIAN CITIZENSHIP NO MATTER TO WHICH RELIGIOUS COMMUNITY YOU BELONG.YOU WOULD EITHER BE PUT IN SIDE THE DETENTION CENTRE OR WOULD BE DEPORTED BACK TO YOUR COUNTRY. The core idea of Citizenship Act 2019 is to make it easier for undocumented migrants from Afghanistan, Bangladesh and Pakistan to get Indian citizenship. The problem Is that these Immigrants CANT BE MUSLIMS. Lets  go back in time to find from where this ISSUE OF ILLEGAL MIGRANTS STARTED.

  THE Government of India in 2015 notified that illegal migrants from Afghanistan Pakistan and Bangladesh who came to India on or before 31^st December 2014 and who belong to the HINDU SIKH PARSI BUDDHIST JAIN OR CHRISTIAN  RELIGIOUS COMMUNITY WILL NOT BE TERMED AS ILLEGAL .So Basically in legal terms you can state them as REFUGEES WHO CAN RECEIVE CERTAIN PRIVILEDGES FROM THE GOVERNMENT

Now CAB-2019 seeks to make these illegal migrants eligible for citizenship if and only they can prove that they THEY WERE RELIGIOUSLY PERSECUTEDFROM THESE THREE NEIGHBOURING COUNTRIES.The Modi Government Claims that Legislation is meant to offer  Sanctuary to these persecuted religious monorities belonging to the mentioned  religious community,and to be clear that this point was continuously repeated by our Home Minister in the Heated Lok Sabha Debate to justify the proposed Law.The obvious Question is that whether in a Country Like India which has a Secular constitution giving citizenship on the basis of religion is Constitutionally Correct especially when SECULARISM IS THE BASIC FEATURE OF OUR CONSTITUTION.ONE CAN ALSO CHALLENGE THE CLASSIFICATION OF COUNTRIES AND COMMUNITIES IN THIS ACT.

AS per the Naturalisation clause of Citizenship Act 1955 ANY PERSON OF ANY RELIGION OF ANY COUNTRY CAN GET CITIZENSHIP IF HE HAS RESIDED FOE 11 YEARS.NOW POST CAA 2019 THE RESIDING TIME FOR THSE 6 RELIGIOUS COMMUNITIES MIGRATED FROM AFGHANISTAN PAKISTAN AND BANGLADESH DUE TO RELIGIOUS PERSECUTION HAS BEEN CHANGED FROM 11 YEARS TO 5 YEARS.HERE YOU SHOULD MAKE A NOTE THAT MUSLIMS CAN STILL APPLY FOR CITIZENSHIP AS PER PRE CAB TIME ie applying for Indian Citizenship If You Have resided for 11 years and ofcourse entered indian Legally.As far As I have felt CAA is Not a problem at all,But Linking CAA with NRC is The root Cause Of all the problem.So Lets go back to find out the cause Of BIRTH OF NRC which would also help us to find out the reason behind the protest of CAA in the NORTH EAST.

After the Bangladesh Liberation War in 1971 many bengali hindus came to Assam to save there lives.Since they were without any travel document so technically they can be termed as illegal.Then there was a protest in Assam which was started by the ASSAM STUDENT UNION,Complaining that due to these illegal migrants there culture,demography is being affected.violence increased the government of india had to sign Assam Accord in 1985 which mentions that The State shall protect the culture of Indigenous Assameese.Now the Question was that how to identify these Local Assameese,and THIS GAVE BIRTH TO NRC.Assam NRC says thatbif you have arrived later than 24^th March 1971 you would be termed as illegal.Now the problem is that even the legal indian citizens if cannot prove that they came before 24 th March 1971 can be declared as Illegal migrants.Now Sir The Protest Is that on one hand you are removing them and on yhe other hand you are talking about giving them citizenship under which they can reside in parts of Assam not Under the 6^th Schedule(NOTE- CAA 2019 IS NOT APPLICABLE IN AREAS WHICH COMES  UNDER 6^TH SCHEDULE AND ILP IN NORTH EAST). Now this means that If you are a Non Muslim and you are declared as illegal migrant under Assam NRC then First of all You would be called a refugee and under CAA 2019 you would get citizenship.But if a muslim is excluded under Assam NRC then he will be termed as illegal migrant and then he needs to go through Foreign Tribunal,The High court,The Supreme court whose decision would be termed as final and Legal.So one Can Say thre Is a sort of Discrimination as Far As Muslim Minorities are concerned.

Former Congress president Rahul Gandhi had equated the NRC NPR WITH DEMONITIZATION.Our Home Minister then Dared him to prove allegations on CAA.He says that it only confers citizenship and has denied to the allegations put forth by the opposition that it is to eliminate the muslims from india and convert India into a Hindu Rashtra.

Lets conclude this by discussing the concerns ragarding the CAA 2019 from a Legal perspective.

The Very first concern put forth by the opposition is that it Violates Article 14 and Article 15 of the Indian Constitution.Article 15 is for the indian citizens only and the government may say that the above mentioned categories are not citizens of India.Article 14 qurantees equality before law even for foreigners.It says treating Equal Equally and Unequal Unequally.Now if you Are really Aware of the Indian Laws you must be knowing that there is an EXCEPTION UNDER ARTICLE 14 WHICH ALLOWS PERMISSIBLE CLASSIFICATION WHICH IS LINKED TO INTELLIGBLE DIFFERENTIA.In simple terms it means you can group certain people differently But your Classification should be clear,proved and justified.Article 11 also gives the power to the parliament to make sure that how far a certain law can be extended making sure it should not violate The Fundamental Rights Of the citizens.

Another important point which others feel is against the constitution values is providing CITIZENSHIP ON THE BASIS OF RELIGION.WHY ARE THEN ROHINGYA MUSLIMS OR SRILANKAN TAMILS EXCLUDED?BHTANESE CHRISTIANS WHO HAVE TO FACE DISCRIMINATION IN BHUTAN SHOULD ALSO BE INCLUDED THEN.Some say that clubbing of Afghanistan,Pakistan and Bangladesh togetherand exluding other neighbouring countries is quite unclear.The Govrnment in response said that these three coumtries provide for a State religion,therefore the bill is to protect the Minorities in These States.Supporters have said that The Nehru-Liaquat Act which provides for the protection of the minorities in their respective countries has not been followed as the percentage population of hindus in pakistan and bangladesh have declined from 22% to 2% and 18% to 1% respectively.

So One can Say that there Are few serious Questions which the government needs to answer, but on the other hand the opposing political parties should realize that they are the gate keepers of the political system and they play a crucial role in the proper functioning of the same,and since this a sensitive topic they should stop giving it a political angle or seeing it as a way to stain the Reputation Of The Ruling Party.  There are also few questions which we need to answer ourselves, major one being is that WHY POLITICAL PARTIES ARE HIDING BEHIND STUDENTS? One Needs to be serious about this, i mean you Have To look at this strictly without any religious or political inclination to correctly understand this.Please make sure that your education is not dissipated to an extent that truth or justice becomes futile or secondary to you. would like to end this on a note which is both hilarious and concerning at the same time,When asked the reason behind his protest one of the protesters said,”WE DON’T HAVE ANY PROBLEM WITH CAB BUT CAA IS A PROBLEM FOR THIS COUNTRY” WELL SIR let me tell you that Both Are Same. WHEN A BILL IS PASSED BY THE PARLIAMENT IT BECOMES AN ACT. FEW ALSO MANAGED TO BOYCOTT OLA AND UBER,MIGHT HAVE GOT CONFUSED BETWEEN cab and C.A.B!!!! LET THE COURT DECIDE THE LEGALITY OF THE AMENDMENT ACT

Archit Srivastava

Student

Indian and World Politics.