In the era of awakening, illegal migration of people is becoming the most controversial issue for developed countries and this has been the election issue of Donald Trump in the last presidential election of America. Talking about India, this issue of people living in India illegally from outside countries has been a controversial issue in a different way. Most of the people relocated in India are seen more than neighboring Muslim countries. Partition of India in British India This is the second biggest reason for people to migrate and people are seen migrating more from neighboring countries in India for employment.
The issue of relocated people of the eastern states of India is a separate issue because most of the states here belong to the tribal society, which have got protection according to the 6th list of the constitution. Most of the migrants have been illegally relocated to these eastern states due to the Bangladesh and Pakistan conflicts of 1971. Therefore, there is a danger of the tribal society of these states becoming a minority themselves, due to which this struggle is seen very intense there.
This law was amended by the Government of India in 2019, whose amendments were brought in 2003 during the government of Atal Bihari Vajpayee, but due to lack of majority, at that time it was unsuccessful in making the law successfully. Still no direct action is being taken against this law and it has been used only in Assam where the government has to face the opposition of the people. Therefore, we will try to get detailed information in the context of this law.
What is citizenship? –
In India in 1955, by making the Citizenship Act, who will be the citizens of India and what will be their rights. It has been explained in Articles 5 to 11 of the Constitution. Citizens are those who together establish a state, in which a representative system is created through the constitution and the right to rule over the citizens is given on that system.
The citizens of the country are providing security through the fundamental rights in the constitution and who will be the citizens of the country is determined under the Citizenship Act. As we know that after the partition of British India, all these divided countries had to face many problems of citizenship, so through the citizenship law, the interpretation of citizens had to be determined by all these countries.
Citizenship It is a social identity given to the people by making laws to choose the representative in the country and to determine the rights and duties of the people living in the state. Which the government keeps with itself in the form of information and on the basis of it, through different schemes, it works to provide service to the people. For this, the citizenship of citizens is determined on the basis of documents like passport, election identity card, ration card, Aadhar card.
What is Citizenship Amendment Act? –
The number of people who are called Hindus in India is high, but to provide security in India to the persecuted Hindus living in our neighboring Muslim countries, the Citizenship Amendment Act was brought under the agenda by the BJP government, under which Pakistan, Afghanistan And this law was brought to provide security to the minority Hindus living in Bangladesh.
In a country like Israel, citizenship is granted to the Jew family living in any country of the world, taking this concept as the basis, the Government of India has taken the initiative to provide citizenship in India to Hindu people living outside India. called the act. It was introduced in Parliament for the first time in 2003, but due to lack of an absolute majority government, this bill could not be implemented at that time.
Through the Citizenship Amendment Act, this was an initiative to give citizenship to non-Muslim citizens who lived in Pakistan, Afghanistan and Bangladesh in India. The Government of India believed that these people have to face persecution due to being non-Muslim in these countries and because of this, these people have to take refuge in India but do not get citizenship and have to live illegally. . Therefore, under this law, some changes were made in the bill made in 2016 to give legal form to the citizenship of these citizens.
History of CAA –
Partition of Bangladesh due to the Indo-Pakistani War of 1971 became the main reason, and during the operation of the Pakistan Army, many Bangladeshi civilians migrated from there and established in the eastern states, the result of which we see many violent movements in these states. The issue of these states like Assam, Nagaland, Mizoram was not Hindu-Muslim at all, but because of the different social culture of these states, they were given additional rights by the Indian Constitution, through which we see a separate judicial system here.
The evidence of the migration of people from Bangladesh after 1971 was so much that these Indian eastern states felt that these indigenous people should not become a minority in their own state, such a situation had become so dire that we had to see the Assam movement in a very violent manner found. Therefore, by making a treaty under the Assam Accord, it was decided which migrants should be given citizenship and who should not, and to some extent this issue was resolved.
When the Citizenship Amendment Act was brought in 2016 by the BJP government, then most of the reaction started again from these states because before the date which was fixed before 25 March 1971, people who went ahead will be made citizens, it was increased to 31 December 2014. Due to which the agitations started again in these eastern states, hence the government was given protection from the 6th list of the constitution by changing it, but leaving 30 percent of Assam this law was implemented, due to which the people of Assam started protesting against it. Stayed.
What is NPR and NRC? –
It is said that after doing a comparative analysis of NPR and NRC, what is left is called a legal citizen and it acts as a filter. NPR stands for National Population Register, which was started by the BJP government of 2003 by making rules for the Citizenship Act. Behind this, the situation created after the Kargil war, behind which illegal infiltration was done by Pakistan, in view of which this register was brought in front.
In this, all the records are kept mainly with the foreign nationals who are residing in India for any reason for the last six months and for the next six months in a simple way. In this information, general information is recorded digitally and that too door-to-door and this data is taken. This record is collected from local level to district level, state level and finally through central records. This data was collected along with the 2010 census.
NRC means the National Register of Citizens, through this record mainly people who are living illegally in India have to be deported from India. Till date, this data has been used only for the state of Assam, due to many flaws, there is a need to do the right rules to use it all over India, so this work has not been started for other states yet.
Controversies of Citizenship Amendment Act –
Why was the BJP government so insisting on the Citizenship Amendment Act? This question must have been faced by many intellectuals, because the issue from which Hindu-Muslim controversy is created, such issues have always benefited the BJP in elections, such allegations are made. For several days, a movement was launched against this law by the people of Left ideology in Delhi. He believed that through this law the government was doing the work of targeting Muslim people, such allegations were made. Its factuality can be seen from direct evidence.
The second most controversial reason for the citizenship law was the consequences on the eastern tribal states, for which we saw a lot of agitation by these states. To pacify the rest of the eastern states except Assam, these states were pacified by making some changes in this law, but in the state of Assam, 70 percent results were seen in this law, which had to be intervened by the Supreme Court. In this law, there was a lot of controversy due to this interpretation except Muslim religious and it was seen that it was intentional.
In this law, the Government of India could make a law to provide citizenship to Hindus living outside India by using this word, but they amended this law to protect non-Muslim Hindus from persecution in Muslim countries. This argument was given by the government due to which 125 petitions were made in the Supreme Court against this law. To which the government will have to answer logically.
Judiciary’s Point of views for CAA –
The Citizenship Amendment Act 2019 saw a lot of opposition from all over India, this could have ended the dispute by using the word minority in the law, but the government did not do it, but kept on its word and for non-Muslim people who were Hindus. The law to provide citizenship protection was done by them for their protection. It was seen by the Supreme Court through Article 14 that the right to constitutional equality is not being violated in this law.
The people who filed this petition demanded the cancellation of this law, but the court was of the opinion that without hearing the government’s support of the law, no decision can be taken. What is the violation of constitutional secularism? And an attempt has been made by the government to know the opinion of the rational government in this law. Even today this law has not been implemented in the whole of India, for which it is necessary to take the citizens of the country into confidence.
In the state of Assam, this law was supervised by the Supreme Court, but still in view of the unrest among the citizens there and some flaws were seen in this report. Hindus who came to India illegally were protected by this law, but no such provisions were made for non-Hindu people, so it was seen as a violation of equality. In Assam, there was a lot of people who could not prove the Hindu citizenship and there was a lot of fear of the people for the detention center, due to which the court got pyre.
Citizenship Amendment Act and Politics on Citizenship Amendment Act –
Since 2003, the BJP government has been trying to implement this law, while the Congress is withdrawing from implementing it at its own time, due to the consequences that will happen in the society by implementing this law. The BJP government has been keeping religious issues openly in its election agenda and wants to give citizenship to Hindus living in other countries like Israel in India. Secular parties believe that Article 14 is being violated by this and minorities are being harassed by this.
The most frightened of this law is visible in the Muslim society, who feel that the authorities have been given unlimited rights to implement this law, which they can misuse. Because due to the mistakes of the authorities in Assam, many citizens were forced to live in detention camps and using it in India can create a lot of trouble.
If we look in Assam, not only Muslims but also many Hindus were ahead in the list of illegal citizens and they were kept in detention camps, but this law was opposed in Delhi, in this we see more opposition from Muslim people got it. Therefore, it is necessary to make this law so that the security of the country is insured, but in view of the corruption of bureaucrats in India, this law will have to be implemented with great care and by fixing accountability.
State of Assam & Citizenship Amendment Act –
In the north-eastern states, the maximum migration from the route of Bangladesh was seen after 1971 and as a result, the number of these displaced people started increasing more than the indigenous people in the tribal areas of these regions, due to which the Assam movement lasted for a long time. In 1985, it was decided by the Rajiv Gandhi government that migrants who were displaced after March 25, 1971, would not be given citizenship.
These states were pacified by giving independent rights to the rest of the northern states through the 6th list of the constitution, but still 70 percent of the area of Assam was affected through this law and by 31 December 2014, six Hindu societies were transferred to Assam. It was decided to grant citizenship, which caused a lot of protest in Assam. With the intervention of the Supreme Court, this law was used and illegal citizenship was done, which has seen a lot of flaws.
Assam’s problem is not Hindu -Muslim problem, their problem is tribal culture and they are struggling to save their existence. The purpose for which the Government of India had brought this law has been proved to be completely wrong in Assam because their problem is different and it is a Hindu-Muslim problem. And they believe that this is a violation of the Assam Accord. Therefore, the government has to implement this law by taking the citizens into confidence.
Features of Citizenship Amendment Act –
- CAA This law was implemented on December 11, 2019, in which Sikhs, Jains, Buddhists, Christians, Parsis and Hindus are persecuted from religious nations like Afghanistan, Pakistan and Bangladesh, they will benefit from it.
- Those who were living in India before 31st December 2014 and belonging to these six social classes will be given valid citizenship, in which the Muslim community was neglected.
- The time for getting citizenship was earlier 11 months which have been reduced to five years.
- The biggest opposition to this law was seen from the north- eastern states, which had a completely different problem from the rest of the states.
- In 2003, for the first time, an attempt was made to amend this Citizenship Act, 1955 and data collection was started through registers like National NPR.
- About 125 petitions were filed in the Supreme Court against the CAA law, which believed that this law should be repealed, but the Supreme Court wanted to know the stand of the government.
- In the CAA law, the government had provided facilities for six important societies on religious grounds, which was a violation of Article 14, the people who opposed it believed.
- The government said that the six societies to whom the government has provided security are oppressed people of Muslim countries, so we have given them security.
- In order to implement this law, the Indian government could only mention the minority communities of Muslim countries without mentioning the names of the six societies in it, but they did not mention it, so it should be called a political issue. .
- The CAA law has been used only in the state of Assam so far and that too has not proved to be so successful, it has seen a lot of flaws, but the Government of India wants to implement it all over India as soon as possible.
- It is very important to implement the Citizenship Amendment Act for the security of the country, but its rules have not been done yet, due to which it has been implemented all over India till now.
- Most of the Muslim society is feeling itself unsafe for the implementation of this law and in Delhi it has opposed this law the most, so the government should implement this law by taking all the citizens of the country into confidence.
- In developed countries, the laws of citizenship are very strict and detention camp for illegal citizens is considered to be a simple thing, but in India, there is a lot of fear among the people for this, which has to be done that the evidence of corruption in India is very high and officials Cannot rule out the possibility of using their power in a wrong way.
In this way we have seen how an attempt has been made to bring the Citizenship Amendment Act in India. It was said by the Home Ministry that this law will be implemented in the whole of India soon, but the Prime Minister has indicated that it is necessary to make a lot of changes for this. In view of the opposition of the North Eastern states to this law, the purpose of this law is seen to be a complete failure. Implementing this law in India is very important for the security of the country, but its misuse is our problem.
From a political point of view, this law can be used against such people who will oppose the government because in the law system of India we see that many accused were declared innocent after fighting the case in court for 20 years but till then their life is important. Years wasted in the prison cell. The accountability of who will fill it has not yet been decided in India. Corruption is our biggest problem and being a citizen of India illegally is not a difficult task.
Amendment of the CAA law is very important in India, but for this, people will have to do this work by taking them into confidence and the rules will have to be done within the constitutional scope, otherwise again this law will come before the court and the government will have to prove it legally. If this law is used for Hindu-Muslim politics, then it ends the basic purpose of the security of the country, so we have to understand that the purpose of this law is very important in the era of awakening.