Citizenship (Amendment) Act, 2019
Government Policies & Interventions
India and its Neighbourhood
Why in News
Recently, the Ministry of Home Affairs (MHA) missed the deadline of notifying rules under the Citizenship (Amendment) Act, 2019 (CAA).
Amidst the concerns related to CAA and for better clarity, the two parliamentary committees (committee on subordinate legislation) in the Lok Sabha and the Rajya Sabha had sought MHA to frame the rules that will govern the CAA.
If the government does not make rules and regulations, a law or parts of it will not get implemented. The Benami Transactions Act of 1988 is an example of a complete law remaining unimplemented in the absence of regulations.
Key Points
About CAA:
The CAA provides citizenship on the basis of religion to six undocumented non-Muslim communities (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Pakistan, Afghanistan and Bangladesh who entered India on or before 31st December, 2014.
It exempts the members of the six communities from any criminal case under the Foreigners Act, 1946 and the Passport Act, 1920.
Associated Concerns with CAA:
Targeting a Particular Community: There are apprehensions that the CAA, followed by a country-wide compilation of the National Register of Citizens (NRC), will benefit non-Muslims excluded from the proposed citizens’ register, while excluded Muslims will have to prove their citizenship.
Against Fundamental Rights: Critics argue that it is violative of Article 14 of the Constitution (which guarantees the right to equality and is applicable to both the citizens and foreigners) and the principle of secularism enshrined in the preamble of the constitution.
Discriminatory in Nature: India has several other refugees that include Tamils from Sri Lanka and Hindu Rohingya from Myanmar.They are not covered under the Act.
Hampering Bilateral Ties: The Act throws the light on the religious oppression that has happened and is happening in these three countries and thus, may worsen our bilateral ties with them.
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