Photo Gallery: A look at myths and facts surrounding Citizenship Amendment Bill 2019

The Citizenship (Amendment) Bill, 2019 passed in Lok Sabha on December 9, 2019, seeks to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship. The Bill, however, exempts certain areas in the North-East from this provision.

The Bill also makes amendments to provisions related to OCI cardholders. According to PRS India, a foreigner may register as an OCI under the 1955 Act if they are of Indian origin (e.g., a former citizen of India or their descendants) or the spouse of a person of Indian origin. The foreigner will then be allowed to enjoy benefits such as the right to travel to India and to work and study in the country. The Bill amends the Act to allow cancellation of OCI registration if the person has violated any law notified by the central government.

Citizenship Amendment Bill, 2019, passed the Lok Sabha test on December 9 after intense debate and arguments from the government and the opposition on the Bill for over six hours. The Bill was passed after midnight with 311 MPs voting in its favour and 80 against.

Union Home Minister Amit Shah gave a detailed explanation after the bill was tabled for discussion and said that it is a part of the Bharatiya Janata Party-led National Democratic Alliance manifesto. During the debate over the Bill in Lok Sabha, the Union Home Minister said that Manipur will be brought under Inner Line Permit Regime and will remain exempt from the proposed legislation.

At present, the Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. A person may become an Indian citizen if they are born in India or have Indian parentage or have resided in the country for a period of time, etc.  But illegal migrants are not eligible to become Indian citizens.

An illegal migrant is a foreigner who: (i) enters the country without valid travel documents, like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period, reported PRS India. Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920.  Under the 1946 and the 1920 Acts, the Centre has the power to regulate the entry, exit and residence of foreigners within India.

In 2015 and 2016, two notifications were issued by central government exempting certain groups of illegal migrants from provisions of the 1946 and the 1920 Acts. These groups are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who arrived in India on or before December 31, 2014. According to PRS India, the notifications meant that illegal migrants belonging to these communities will not be deported or imprisoned for being in India without valid documents.

In 2016, the BJP-led government at the Centre had introduced a Bill to amend the Citizenship Act, 1955. The Bill aimed at making illegal migrants belonging to these six religions and three countries eligible for citizenship and made some changes in the provisions on registration of Overseas Citizens of India (OCI) cardholders.