News Highlight
The Madras High Court observed that the principles of the amendment to the Citizenship (Amendment) Act (CAA) were equally applicable to the Hindu Tamils of Sri Lanka.
Key Takeaway
- The court was hearing a petition filed by a person born in India to Sri Lankan Tamil refugees and now staying in Tiruchi seeking Indian citizenship.
Citizenship (Amendment) Act, 2019
- About
- The Citizenship (Amendment) Act, 2019 seeks to amend the Citizenship Act of 1955.
- The Citizenship (Amendment) Act, 2019 (CAA), was notified in 2019 and came into force in 2020.
- Objectives:
- The objective of the CAA is to grant Indian citizenship to persecuted minorities — Hindu, Sikh, Jain, Buddhist, Parsi and Christian — from Pakistan, Bangladesh and Afghanistan.
- Those from these communities who had come to India till December 31, 2014, facing religious persecution in their respective countries, will not be treated as illegal immigrants but given Indian citizenship.
- Exceptions:
- The Act does not apply to tribal areas of Tripura, Mizoram, Assam and Meghalaya because of being included in the 6th Schedule of the Constitution.
- It also does not apply to the areas under the Inner Limit notified under the Bengal Eastern Frontier Regulation, 1873, which will also be outside the Act’s purview.
- Reduced period:
- It relaxes the period of stay in Inda for being eligible for citizenship by naturalisation from 11 to 5 years.
- Cancellation of OCI registration:
- The Act provides that the central government may cancel the registration of Overseas Citizen Of India (OCIs) on specific grounds.
- If the OCI has registered through fraud, or
- If, within five years of registration, the OCI has been sentenced to imprisonment for two years or more, or
- If it becomes necessary in the interest of sovereignty and security of India.
- The Act provides that the central government may cancel the registration of Overseas Citizen Of India (OCIs) on specific grounds.
Rationality of the Amendment Act
- Support to minorities:
- Persecuted minorities living in India will get fundamental rights such as self-employment, buying property, opening bank accounts etc.
- Not arbitrary:
- The persecuted minorities from which nation and on what basis will be given citizenship is purely a matter of policy. Hence, it is not arbitrary.
- Cultural connect:
- Persecuted minorities from these countries have a cultural connection with India.
Concern against the Amendment Act
- Article 14:
- Critics argue that it violates Article 14 of the Constitution, which guarantees the right to equality.
- Article 14 of the Constitution of India provides for equality before the law and equal protection of the laws within the territory of India.
- It guarantees equality to all persons, including citizens, corporations, and foreigners.
- Critics argue that it violates Article 14 of the Constitution, which guarantees the right to equality.
- The North-eastern states:
- The prospect of citizenship for massive numbers of illegal Bangladeshi migrants have triggered deep anxieties, including fears of demographic change, loss of livelihood opportunities, and erosion of the indigenous culture.
- Competition for resources:
- Granting citizenship to migrants increases competition for resources and reduces citizens’ economic chances.
- Demographic change:
- The amendments threaten to change the local demography, especially in northeastern states.
- Secularism:
- Secularism is a part of the basic structure of the constitution. Acts discriminate against people based on religion.
Content Source: The Hindu