Constitutional Validity Of CAA and NHRC

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The citizenship act is defined under article 5 to 11. It is defined under part 2 of the constitution. The citizenship act was amended in the year 1986,1992,2003,2015 and in the year 2019. At present the citizenship act provides a path for religious minorities in certain muslim countries. Here the person belonging from minority communities namely Hindus, Sikhs, Parsies and Christians from Afganistan, Pakistan and Bangladesh are being exempted by the central government. The Citizenship Amendment Bill,2019 was passed by both houses of the parliament after the assent of the president on 12th December 2019 and it become Citizenship Amendment Act,2019. It also deals with the refugee matters connected with the law enforcement. Article 11 is also called the mother of the Citizenship Act, 1955 and it also have given power to the parliament to regulate the right of citizenship by law with the respect of acquisition and termination of the citizenship and all the other matters relating to citizenship.

Dual Citizenship-

It is basically difficult to have dual citizenship of India and another country but then also there are some ways in which a person have dual citizenship of India and another country including-

-Children of foreign diplomats who are born in India are also given dual citizenship during the period of their parents service in India.

-A minor child of Indian origins may hold Dual citizenship of India and another country, through acquiring the passport from the another country of citizenship who normally terminate the Indian citizenship.

Under the old provision of the citizenship act,1955 illegal migrants means a foreigner who has entered to India without a valid passport or such other document as being prescribed by law or if entered with a valid passport as being defined under law then living in India for the past twenty years or above. The migrants who have entered to India on or before 31 December 2014 comes under the  category of illegal participants. Article 5 deals with provisions related to citizenship and under schedule seven of the union list gives parliament an exclusive power to make laws relating to citizenship, naturalization and the aliens. So this was old provision related to the citizenship act.

New Provision Related to Citizenhip Act,2019-

As discussed above the person who are belonging to Hindu, Sikh, Buddhist, Jain, Parsi, Muslim who have entered to India on or before 31 December 2014 are being exempted by the central government and the foreigners who has entered to India shall not be treated as illegal participants for the purpose of this act. Another major amendment was passed relating to the provisions related to acquisition of the citizenship by naturalisation and it’s principle is defined under sec 6 of the constitution act and it is as follows-

Central Government may grant naturalisation certificate to the person of full age and must have capacity of three but not the illegal migrant and the application to grant certification of naturalisation must be made in a prescribed manner and certificate is granted under third schedule of our Indian constitution.

The person to whom the certificate of naturalisation is granted shall take an oath of allegiance under in the form as defined under the second schedule of our Indian constitution. It is also provided that the person who makes the application of citizenship shall not be deprive of thus rights and privileges to which he is entitled.

This is not applicable to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura as included under the sixth schedule of the Indian Constitution and also the line which is basically covered under ‘The Inner Line’ notified under the Bengal Eastern Frontier Regulation, 1873.

Also, The Supreme Court Of India under the case of ‘Hans Muller Of Nurenburg vs Superintendent, Presidency 1955 SCR(1) 1284 gave absolute and absolute power to the government to throw out the foreigners who are illegally staying in India without any valid proof and the central government has very soon started to start a drive in the parliamentary constituencies across India so as to identify and approach refugees from the aforesaid three countries so as to help them to get the citizenship under this new amendment act of 2019.

So this was the new amendment act in which government has power to throw illegal migrants who are staying in India and nowadays one more term is basically used which is The Nehru Liaquat Pact of 1950 which basically ensures that the minorities enjoy complete equality of the citizenship with others and they als0 receive treatment identical avalible to the other nations of their country. Pakistan has continuously contraviened with the provisions of the pact by by neglect and harassment of the members of the minority community and it was the justification given by the government of India and which is valid as Pakistan is that type of country which will continuously contravene with this act so in order to keep India protected from country like Pakistan this act is implemented.

EFFECTS-

After passing this amendment act the people anger has gone on to their topmost level especially the muslims. They are showing their anger by breaking the buses glass and by burning it and also going on strike and why they don’t have any right in getting citizenship.

This amendment basically affected the students of JNU and Jamia University, Delhi. After passing this amendment the students of these colleges have started beating Hindus who are studying in these colleges, they broke the glass and fully destroyed the hostel authority.

 PIL was filed and was moved in the Delhi High Court on Wednesday in connection with the recent violence at Jamia Islamia University during protests against the Citizen (Amendment) Act. The joint petition, by Imam of Jama Masjid at Parliament House and two residents of Okhla, was mentioned before a bench of Chief Justice DN Patel and Justice Rekha Palli which allowed it to be listed for hearing on Thursday.

A group of advocates staged a protest while another group organized celebrations over the Citizenship Amendment Act in front of the Telangana High Court here on Wednesday, police said. Raising slogans like “We want Justice”, “Save India and Save Constitution”, some advocates held a protest against the CAA and the National Register of Citizens near the court’s main entrance gate.

In West UP side also the muslims are also protesting it by blocking the routes of trains and buses, sitting on roads and appealing against the amendment passed by the parliament. By seeing all this police imposed lathi charge on students but students have started throwing stones on them due to which the police was injured but then also the police didn’t give up and they were able to stop the people and students.

Aligarh Muslim University, where protests were being held. Police used batons and tear gas on the students. More than two hundred students were injured and around hundred students were detained overnight in the Police station. The police brutality was widely criticized, and resulted in students protesting across the country as a response.

At 6:46 pm on 15 December, hundreds of police officers forcefully entered the campus of Jamia, without the permission of college authority. The police used batons and tear gas on the protesting students. Nearly a hundred students were detained by the Delhi police and released at 3:30 am next morning. The visuals of students being dragged and assaulted by the police was telecasted in the news. Students from all across Delhi joined the agitation. About two hundred people were injured and were admitted to AIIMS.

Yesterday, the students of Jamia have stopped the protest and have cleaned the roads by keeping in mind The Swacch Bharat Abhiyan and have cleaned it.

During this protest many people got severely injured and some of the people died also due to this protest. After the bill was cleared on 4 December 2019, violent protests erupted in Assam, especially in Guwati and other areas in the state. In Dispur, several thousands of protesters broke down police barricades to protest in front of Assam the Legislative Assembly building. Demonstrations were held in Agartala Six people have died and fifty people have been injured in the protests against the Act.

Youths and students from Sikkim University joined in the protests against the Citizenship Amendment Act, expressing condemnation for the deaths of protesters in Assam and harsh treatment against students protesting against the Act on Saturday, 14 December. There were also concerns regarding the scrapping of Article 371(F) of the Indian Constitution which safeguards the rights of the local people of Sikkim and demands for introduction of Inner Line Permit in Sikkim.

On Saturday, 14 December, violent protests occurred in West Bengal as the protesters attacked railway stations and public buses. Five trains were set on fire by the protesters in Lalgola and Krishnapur Railway Station in Murshidabad district; railway tracks were also damaged in Suti.

On Monday, 16 December, tens of thousands of people joined a demonstration led by Chief Minister Mamata Banerjee and her ruling Trinamool Congress party. Mamata Banerjee stated that the NRC and CAA would be implemented in the state “over her dead body”, she further appealed people to maintain peace and tranquility while accusing “outside forces” and “stooges of the BJP” of engaging in violence.

On Tuesday, 17 December, road and rail blockades continued in parts of West Bengal though no major incidents of violence were reported while protests continued in the districts of South 24 Parganas, North 24 Parganas and Nadia.

These were the effects of the protest and now we will discuss about wether it is benefiacial for the public or not.We will discuss in both matters for the benefit for the public and for not the benefit-

First of all it is for the sake of public and for the benefit of the country also as due to this the country will be able to find is whether there there is no person who discloses any personal information to other states like any person discloses any information based on planning so as to stop terrorism so if it is disclosed to any another country like Pakistan or china then it could be have a negative impact on it.

-Secondly, it is essential so as to improve the relation between 2 countries as if any country is planning to attack on another country. Suppose Pakistan is planning to attack on  India through air strike and terror attack on them and Pakistan have send their 2 men to India so as to tell some personal information about weapons which India is going to use. America know about it so now it’s duty of America to tell India about the planning of Pakistan and telling about 2 persons who are send to India. So as to maintain the peace and harmonious relation between 2 countries.

The Citizenship (Amendment) Act grants citizenship to the Hindus, Christians, Sikhs, Buddhist, Jains and Parsis — from Afghanistan, Pakistan and Bangladesh who had arrived in India before 31 December 2014.

To put it simply, those belonging to these religions, coming in from the three countries stand a chance to become Indian, even if they don’t have requisite documents. Moreover, they will not be deported for not having documents.

Also, the requirement for them to stay in India for at least 11 years before applying for Indian citizenship has been reduced to five years

So these are the benefits of Citizenship Amendment Act, 2019 and now we will discuss about why is it not beneficial for the public and what are it’s main causes-

-Firstly ,we all know that India’s population is largest in world. It’s population is around 1.3 billion and water shortage is main problem, so apart from this if people from different countries have started living in India then where will they live in this population and how will those people be able to live without water as news is coming that by end of 2020 states of Maharashtra and Andhra Pradesh will come under the list of water shortage ,So this is the main problem.

-Secondly, Muslims have a right to live in another country by getting the citizenship as defined under constitution of India and if they are not able to get citizenship then there right will get infringed under Muslim law

-Thirdly, we all know that relation between India and Pakistan is not good due to terror attacks on India but all Muslims are not terrorists so why those people are not granting citizenship and under Article 14 also states that all person are equal before law then why not in the case mentioned above as Muslims are also like normal persons so they also have equal rights as other persons must get so here Muslims are also entitled to get citizenship.

 -Also as per the 6th schedule the amendment act is not applicable on states of Mizoram, Meghalaya and Assam. They are also the states of India then why don’t the people of these states don’t get right as constitution also states that all person are equal before law then why these peoples living in these states are not entitled to get this citizenship right  

There are two kinds of protests that are taking place across India right now, against the Act. In the northeast, the protest is against the Act’s implementation in their areas. Most of them fear that if implemented, the Act will cause a rush of immigrants that may alter their demographic and linguistic uniqueness.

In the rest of India, like in Kerala, West Bengal and in Delhi, people are protesting against the exclusion of Muslims, alleging it to be against the ethos of the Constitution.

Equality before law means the State will treat every class of persons without discrimination. The equal protection of law means the State will not frame laws or rules that discriminate between two persons.

Rights under Article 14 are absolute. These two fundamental rights are not exclusive to the citizens of India but to “any person”. In this backdrop, the Opposition parties and activists have accused the BJP of signaling out the Muslims to further its “hidden agenda”.

Although the Government is determined enough to implement the changed act in all parts of India, we have to wait and watch in which direction the changes will actually takes place in reality, keeping in view demand of opposition parties to approach the apex court.

Sources:

(1)   https://www.indianbarassociation.org/indias-refugee-policy/  

 (2)   https://blog.ipleaders.in/legal-status-refugees-india/#_ftn16 

(3)   https://mea.gov.in/Portal/LegalTreatiesDoc/PA50B1228.pdf    

(4)   http://rsdebate.nic.in/rsdebate56/bitstream/123456789/527138/1/PQ_57_16081966_S454_p2636_p2640.pdf 

(5)   http://legislative.gov.in/sites/default/files/A1955-57.pdf 

(6)   http://egazette.nic.in/WriteReadData/2019/214646.pdf 

(7)   http://legislative.gov.in/sites/default/files/A1955-57.pdf 

Bibliography:-

(1)  Constitution of India, EBC, Ninth Edition 2016

(2)  Constitutional Law of India, H M Seervai, Universal, Fourth Edition, Sep-2015 pages 314-318

(3)  V N Shukla’s Constitution of India, EBC, Twelfth Edition 2013

(4)  The Economic Times, 17th December, 2019.

Author: Shivansh Goel, IMS UNISON UNIVERSITY

Editor: Kanishka VaishSenior Editor, LexLife India.

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