As we are living in a democratic country, the government
shouldn't implement any law which collapses the secularism of our country. Many
protests were outburst due to the Citizenship Amendment Act. In this article, we
clearly explained the reason given by the government to implement the CAA, the
negative shades on the CAA and also how the CAA violates Article 14 and 21? We
also discussed the agreement between Nehru and Liaquat Ali Khan which is known
as Nehru Liaquat Pact
Still, many people don't know, what does NRC mean? In
this article, we clearly explained about the NRC and the reasons for the
implementation of the NRC and also the negative shades when the CAA and NRC were
combined. The interesting part in our article is we had compared the CAA with
the Nuremberg Laws of Nazi Germany .While reading this part the readers will
lift their eyebrows. Many leaders have criticized the CAA and even the UN also
criticized it. Our article will help the readers to know about the CAA, NRC and
the negative shades on the CAA.
The Citizenship Amendment Act was passed on
11th December 2019. This amendment was implemented to provide Indian Citizenship
for the Hindu, Sikh, Buddhist, Jain, Parsi and Christian people, who fled
from Pakistan, Bangladesh and Afghanistan on or before 31st December 2014.
the 12th century to the 20th century, there are many historical incidents which
have become reasons for immigration in India. A study says that Parsis are
genetically closer to the Iranians; they immigrated from Iran to India about
1,200 years ago. According to the 2011 census, nearly 5.5 million people
immigrated from other countries to India. 23,04,305 people immigrated
from Bangladesh to India, 17,60,917 were immigrated before 1991 and 22,000
Bangladeshis had come to India in 2011. 0.7 million people immigrated
Only 6,596 were immigrated from Afghanistan. It was found that
in India 0.44% were foreign-born population i.e., four in thousand people were
foreigners in India. Tibetan had immigrated from Tibet to India because of
Tibetan persecution by China in 1959-60. The difference between Citizenship
Amendment Act (CAA) and National Register of Citizen (NRC) is CAA will grant
citizenship to the immigrants from Pakistan, Bangladesh and Afghanistan who
entered India on or before 31st December 2014. The NRC will include those who
can prove that either they or their ancestor lived in India on or before
24th March 1971.
Nehru Liaquat Pact:
In 1950, the honourable Prime ministers of India and Pakistan,
Jawaharlal Nehru and Liaquat Ali Khan respectively, signed a bilateral agreement
called Nehru Liaquat Pact, also known as Delhi Pact. The agreement corresponds
to the security and rights of minorities in both countries.
The scenery behind this pact was the large-scale migration of
people belonging to minority communities between the two countries. The
migration happened due to the attack of majority communities on the former.
Finally, the immigrants became the refugees in the respective territories.
Under the Nehru Liaquat pact:
- Refugees were allowed to return unmolested to dispose of their property
- Abducted women and looted property were to be returned
- The forced conversion was unrecognised
- minority rights were confirmed
Defending the citizenship amendment bill, Home affairs minister,
Amit Shah reiterated that both Pakistan and Bangladesh failed to protect the
religious minorities after partition which made the legislature to enact
Citizenship Amendment act 2019.
Negative Shades On The CAA:
Violation of Article 14:The Citizenship Amendment Act
benefits only the Hindu, Sikhs, Christians, Buddhists, Jains and Parsis who fled
from Pakistan, Bangladesh and Afghanistan. It excludes the Muslim religion and
those from a neighbouring country like Sri Lanka etc. Between 1937 and 1987 more
than 1.34 lakh Tamilians immigrated from Sri Lanka to India. More than 60,000
refugees were currently staying in 109 camps in Tamil Nadu alone.
amendment in the Citizenship Amendment Act doesn't provide citizenship to the
Sri Lankans. This amendment violates Article 14 of the Constitution of India.
Article 14 says about equality before the law. Article 14 of the Indian
Constitution is not only applicable to the citizens of India and applies to
every individual i.e. Article 14 is applicable to the non-citizens also.
Even though Article 14 gave an exemption that there may
be a reasonable classification can be done based on the circumstances, the
discrimination based on the religion, race, caste, place of birth is against the
Preamble of the Constitution which says about the Sovereign, Socialistic and
Secularism. In Kesavananda Bharathi vs. State of Kerala, the Supreme Court,
secularism is the basic structure of the Constitution and the basic structure of
the Constitution couldn't be amended.
In S.R.Bommai vs. Union of India, when the
Karnataka government was dismissed unnecessarily, the Supreme Court held that it
is against secularism and the court quashed the governor's order.
Giving citizenship only to the six religions
and three countries is against secularism. Even though the Central Government
stated that the selection of these three countries is a reasonable
classification as the partition in 1947. However, the claim is not valid
because Afghanistan was not part of undivided India at the time of partition.
Violation of Article 21: Article 21 of the Indian
Constitution is available to both citizens and non-citizens. In National Human
Rights Commission vs. State of Arunachal Pradesh, the Supreme Court held that
the fundamental right guaranteed by Article 21 is also available to non-citizens
In Maneka Gandhi vs. Union of India, the
Supreme Court held that Article 21 of the Constitution of India must be just and
fair and it must not be oppressive. Thus, if any law which constrains the life
and personal liberty of people fails the test of Article 14, it also contravenes
The CAA clearly violates Article 14 of
the Constitution of India and thus it also violates Article 21.
The burden of Proof:According to the Citizenship Amendment
Act 2019, the immigrant must be a Pakistani, Bangladeshi or Afghan and he must
be a Hindu, Sikh, Jain, Buddhist, Parsi or Christian by religion and must have
entered India on or before 31st December 2014.
The Government amended the Passport Act and the Foreign
Act. According to these amendments, illegal immigrants from those three
countries of those six religions were no longer being counted as an illegal
immigrant and were allowed to seek shelter, who entered into India on or before
31st December 2014.
There are two types of illegal immigrants:
- Without valid documents including passport or other travels documents.
- With valid documents including passport or other travel document and
validity of any of such documents had expired.
To provide Citizenship to the illegal immigrants, The Ministry of
Home Affairs asked them to submit the following documents:
- Documents issued by the government of your home country
(Pakistan, Bangladesh or Afghanistan) to prove that you are a
Pakistani, Bangladeshi or Afghan national;
- Documents issued by the government of your home country that
prove you belong to one of those six listed minority religions;
- Documents to prove the date since you entered India or since you
have been residing in India: even a Gram Panchayat Secretary
Certificate would do.
- A sworn affidavit, attested by a government authority, stating
that you were “compelled to enter in India due to religious
persecution or fear of religious persecution.”
The interesting contradiction is while being an illegal
immigrant by entering into India without any documents how the immigrants can
provide the documents? But the Government asked the immigrants to prove that
they are Pakistani, Bangladeshi or Afghan and also need to submit a document to
prove their religion.
The rules also clearly stated that the Foreigners Regional
Registration Office shall examine the claim of immigrants fleeing religious
persecution or fear of religious persecution. How the Foreigners Regional
Registration Office would examine whether the immigrants' claims are fact or
The illegal immigrants need to pass these tests to be
eligible for citizenship under the Citizenship Amendment Act.
NRC:In 1905, the governor of Bengal Lord Curzon brought East
Bengal Muslim labourers for the cultivation of tea to Assam and West Bengal.
In the 1931 census report of Assam, C.S. Mullan, the
Superintendent of Census Operations had recorded that half a million population
has transplanted from East Bengal to Assam valley.
Therefore the government has implemented NRC in Assam to
wash out the illegal immigrants from the state.
National Register of Citizens (NRC) is a database which
contains the names of Indian citizens. It is the process of listing out the
names of citizens based on Electoral Rolls up to 1971 and 1951 NRC.
It comes under Section 18 in the provision of the
Citizenship Amendment Act, 2019. The purpose of NRC is to have a database of
citizens. The database can be used to verify the authenticity of the citizens of
But Indian Muslims could be badly affected by CAA+NRC
because Muslims are required to prove their citizenship in a nationwide NRC.
They could be declared as illegal immigrants if they do not have proper
documents and they would not be able to use CAA, like non-Muslim Indians.
False statement:As per the government, the CAA does not
introduce religious criteria into the fundamentals of the Citizenship Act;
rather it uses these criteria specified in the context of the three countries
which have been identified for the purposes of identifying who amount to the
persecuted minority community.
In the parliament, the Central government stated that the
population of non- Muslims in undivided Pakistan is 23% which fell to 3.7%
in Pakistan and 20% in Bangladesh post the partition and subsequently that
number has dwindled. Now, the 3.7% Hindus in Pakistan have fallen to 1.85%.Similarly in Bangladesh from 20%, it is now come down to 7.8%.
According to Pakistan's Census data, in 1951, the
Muslims in Pakistan was 85.80%, while the population of Non-Muslims was 14.20 %
(It includes both East and West Pakistan). In 1951, the population of
Non-Muslims in West Pakistan was just 3.44 %. In 1961, it was reduced to 2.83 %,
in 1972, the population of Non-Muslims was 3.25 % and in 1981, it was 3.30%.
Thus the statement made by the Central Government is faulty.
Global response:Because of the implementation of the CAA, India has
been losing the trusted allies from global politics. Senior Diplomat and former
national security advisor Shiv Shankar Menon stated that the CAA and revocation
of Article 370 of the Constitution had led to India being isolated from the
The press release by the United States Commission on
International Religious Freedom held that the Citizenship Amendment Act is
fundamentally anti-Muslims and also it is directly against India's rich
tradition of multiculturalism and secularism. Recently, UN officials held
that the adoption of the Citizenship Amendment Act has led to a rising number of
criticizing and discrimination against the minority community.
Some officials had compared the CAA with Nuremberg
Laws of Nazi Germany. Adolf Hitler didn't want to murder the millions of Jews;
he just wanted to drive all the Jews out of Germany. So, Germany introduced two
draconian laws commonly known as the Nuremberg Laws. The two laws were brought
in one, the first law is known as Love Jihad Law, the Nazis of Germany were
used to call it as Law for the Protection of Germany Blood and German Honour.
It barred Germans from marrying Jews and Jewish households from employing German
females below the age of 45. The second law, the Reich Citizenship Law, states
that those who are German blood were citizens of Germany and the Jews were only
'Subjects of the state' without citizenship rights. According to the Nazis of
Germany, it is a reasonable classification. Many officials held that CAA is
closely related to the Nuremberg Law.
India had loosened the trust of global partners in the
International Community. Since most of the media reports appeared in the leading
newspaper of the world was blaming the Citizenship Amendment Act. French
President Emmanuel Macron, German Chancellor Angela Merkel, the United Nations
High Commissioner for Refugees and even King Harald V of Norway has criticized
the Citizenship Amendment Act.
The implementation of the CAA gave citizenship to
the Non-Muslims illegal immigrants from Pakistan, Bangladesh and Afghanistan. If
these three countries were selected according to the partition in 1947, then why
has Afghanistan been chosen? It is not a part of Colonial India. While other
neighbouring countries like Sri Lanka, Bhutan, Nepal and Myanmar were excluded
from the CAA.
Even though more than 1.34 lakh Tamilians have immigrated from Sri
Lanka to India, Sri Lanka was excluded from the CAA. While exercising NRC
in Assam, it excluded a large number of Indian Citizens from its ambit.
though the persons who lived in India since from their birth can't able to prove
their place of birth and the place of birth of one's parents, being an illegal
immigrant from other countries, the immigrants won't have any documents to prove
that they were from Pakistan, Bangladesh and Afghanistan but the government
asked the immigrants to prove that they are Pakistani, Bangladeshi and Afghan.
How can immigrants prove? Due to the implementation of the CAA, India had lost
the trust of allies from global politics. Many officials from the UN and the
leaders from the other countries have criticized the CAA. Moreover, the CAA
violates Article 14 and 21 of the Indian Constitution, since it is available to
the Non-Citizens also. Thus the CAA needs to be reexamined.
- Nehru Liaquat Pact 2.Negative Shades on the CAA 3.NRC
- Syed Akbar, Study shows Parsis immigrated to India from Iran, The Times
of India, Jan 14, 2017, https://timesofindia.indiatimes.com/india/study-shows-parsis-immigrated-to-india-from-iran/articleshow/59148462.cms
- Nikhil Rampal, Maximum imimmigrants
from Pakistan and Bangladesh entered India more than 30 years ago, India
Today, Dec 14, 2019, https://www.indiatoday.in/diu/story/maximum-imimmigrants-pakistan-bangladesh-entered-india-more-30-years-ago-1628313-2019-12-14
- Akshaya Nath, The ignored plight of Sri Lankan refugees in Tamil Nadu,
India Today, Jun 9, 2019, https://www.indiatoday.in/india/story/sri-lankan-refugees-tamil-nadu-plight-camps-war-13168-2016-06-09#:~:text=More%20than%201.34%20lakh%20Sri,camps%20in%20Tamil%20Nadu%20alone.
- Farahnaz Ispahani, Cleansing Pakistan of Minorities, Hudson Institute,
(Jul 31, 2013), https://www.hudson.org/research/9781-cleansing-pakistan-of-minorities
- On CAA and Article 370, former NSA Shivshankar Menon warns India of
International isolation, Scroll.in, (Jan 03, 2020, 07:52 pm),
- United States Commission on International Religious Freedom, India
Chapter-2020 Annual Report, https://www.uscirf.gov/reports-briefs/annual-report-chapters-and-summaries/india-chapter-2020-annual-report
- UN experts thinks CAA has sparked more hate speech, discrimination
against minorities, The Wire, (May 20, 2020), https://thewire.in/communalism/un-expert-adama-dieng-caa-hate-speech
- Palani Selvi M,
Phone no: 9952204386,
E-mail: [email protected]
- Barathkumar K M,
year B.B.A., LL.B.(Hons.) -
Deemed to be University
E-mail: [email protected]
Authentication No: JL30519753267-19-720