New Update
BY A STAFF REPORTER
The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing a pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians, and arrived in India before the end of December 2014.The law does not grant such eligibility to Muslims from these Muslim-majority countries.The act was the first time that religion had been overtly used as a criterion for citizenship under Indian law and attracted global criticism.
The Bharatiya Janata Party (BJP), which leads the Indian government, had promised in previous election manifestos to offer Indian citizenship to members of persecuted religious minorities who had migrated from neighbouring countries.Under the 2019 amendment, migrants who had entered India by 31 December 2014, and had suffered "religious persecution or fear of religious persecution" in their country of origin, were made eligible for citizenship.<4> The amendment also relaxed the residence requirement for naturalisation of these migrants from twelve years to six.According to Intelligence Bureau records, there will be just over 30,000 immediate beneficiaries of the bill.
The amendment has been criticized as discriminating on the basis of religion, particularly for excluding Muslims.The Office of the United Nations High Commissioner for Human Rights (OHCHR) called it "fundamentally discriminatory", adding that while India's "goal of protecting persecuted groups is welcome", this should be accomplished through a non-discriminatory "robust national asylum system".Critics express concerns that the bill would be used, along with the National Register of Citizens (NRC), to render many Muslim citizens stateless, as they may be unable to meet stringent birth or identity proof requirements. Commentators also question the exclusion of persecuted religious minorities from other regions such as Tibet, Sri Lanka and Myanmar.The Indian government said that since Pakistan, Afghanistan and Bangladesh have Islam as their state religion, it is therefore "unlikely" that Muslims would "face religious persecution" there. However, certain Muslim groups, such as Hazaras and Ahmadis, have historically faced persecution in these countries.