Citizenship Denied Human Rights.

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• Introduction.
• In the first winter session of 17th lok sabha, the Home minister of India, amit shah moved a bill, called citizenship amendment bill (CAB), which sought to amend some provision of the citizenship act 1955. This bill required to grant citizenship those people who were persecuted in three neighboring countries Afghanistan, Pakistan and bangladesh on the religious basis. It was passed hurriedly in both houses of Parliament among ruckus and not long debates were held.  It became contentious since its introduction in parliament, because this amendment provided only six communities that is Hindu, Sikhs, Christian, Buddha, jain and parsis and excluded Muslim community. Government claimed in parliament that all three countries are Muslim dominated and where minorities are being persecuted on religious basis. So to safeguard  the rights of these communities, the need of this amendment was arisen. First time , in the country religious base amendment came to force since  independence. After the enactment of this amendment, across the country protest took place and some protest turned out to be violent. In the late night, the crack down of police in jamia milia university orJMU is condemnable and unacceptable. If jamia students were among those who had damaged the public property, why the police didn't take action against perpetuators. As per the report, those protestors, who were among the jamia students and made silent protest violently were not jamia students, were outsiders. Without any investigation and tip off, how can police break into university without vice chancellor permission, even not earlier notice. It is not first and last incident, more than 22 universities came to street and gave voice against CAA. Uttar Pradesh which always witnesses a large number of protest, again faced headwinds. The state where nearly 20 people had been killed due to protest, whether they were involved or not. More than half of the deceased were died due to police gun shots, but police incessantly refused this kind of accusation. It was wonder to know that police didn't spare even juveniles, they were detained and released after a day. The detention of juveniles (children under 18 years old) clearly went against the child rights. Under juvenile justice act 2015, a child can't be detained, if police arrests child, he should be kept in observation home and must be produced in the Juveniles justice board within 24 hours. The united nations human Rights council and US congress has also criticized  government move and stated that it is against the human rights.
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• Citizenship act and amendment.
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• Before the 1950s, when India adopted constitution and in constitution  there are clearly mentioned citizenship articles 5 to 11, which granted citizenship those who born in India or their parents were born in India before 1950.  To give citizenship to new residents of India after 1950, then the need arise to enact citizenship act. In 1955 the government of India enacted citizenship act. Under this act citizenship can be granted or acquired on the  five conditions, these are, citizenship by birth, descendant, registration, and by neutralisation. Time to time many amendment have been done and new rules have been put in act. The 2019 amendment fast-tracks the citizenship to six communities Hindus, Sikhs, parsis, jains, Christians, and Buddhists from three neighboring countries Afghanistan, Pakistan and Bangladesh. Earlier citizenship granted only those persons who resided in India for more than 12 years, now time reduced to 6 years. The main issue of this amendment is the exclusion of Muslim community, because under article 14 of constitution provides rights to equality before law and equal protection before law. It means each rule by government and its authorities should be applicable for all citizens. And article 14 is equally effective for Indian citizens and foreigner. Because of this reason the country faced the brute protests. When rest of the country, except Assam, were protesting against the CAA because it was against the constitution, and Assam was protesting because the act will lead the rehabilitation of Bangladeshi minorities in the Assam regions. A large number of migrants speak bangla language and Assamese have a fear of being dominated by migrants in terms of language, culture and their tradition. A question arises in mind that why government left out many other countries minority like Tamil Hindus, Bhutanese Christian, Nepali mahedis and Tibetan Buddhists. When Srilanka got independence from british in 1948, sri lanka was dominated by Sinhalese and Tamil Hindus were in minoritie. Since the end of civil war in 2009 in sri Lanka after a longest civil war in Asia, Tamil Hindus were denied many rights in Sri Lanka. From decades Tamil Hindus were trying to get citizenship of India, but their voice is yet to be addressed. Tibetan Buddhists also persecuted by Chinese power and tried to flee them away from Tibet. 
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• Add fuel to fire.
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• In the debate of CAB, home minister, Amit shah, has said that there would be NRC countrywide, so be prepared for it. NRC stands for National register of citizens and it is registry which contains the name and identical information of genuine Indian citizens. NRC was first prepared after 1951 censes to collect the identical information of Indian citizens, but was not updated until recently in Assam. Over decades only Assam continuously tried to update NRC in Assam. In the Indo-pak war 1971, when East Pakistani's faced atrocities and were killed in large scale in war , then they preferred to migrant to India. After war,  there was a large number of influx of illegal migrants to Assam especially Bangladeshi minorities, which made Assam people more anxious and filled anger in them. In 1979 a movement was started by local students against illegal migrants, because Bangladeshi immigrants were bangla Speaking and their culture was different form locals, so locals had a fear to be dominated by the outsiders and their culture importance would be diminished. The movement concluded in 1985 with Assam accord 1985 between government of India and Assam agitating parties. Under the accord, government would update NRC and precise date was fixed march, 25 1971. After this date, anyone, who illegally migrated to India from Bangladesh, would be either sent back or kept in detention center. In 2013, the Supreme court of India in its order, ordered the updation of NRC in Assam. It took many years and updation of NRC was released on August 31, 2019, which excluded 1.9 million out of 33 million people of state. Under The foreigners act 1940, the "burdon of proof" lays upon the person, whose identity has been questioned or remained doubtful. This became a major problem of NRC updation, under NRC people have to prove their genuine identity by showing documents related to their ancestors and documents must contain the date of birth and place of themselves and their ancestors. To prove their identity people have to dug out documents and get documents from legal authorities. In the Assam, those who were excluded, most of the people were very poor, they didn't have money to get documents, so they were excluded even they have been living in this country since India's independence. 
• If NRC is implemented across the country, the marginalized and poor people will be mostly affected. In the north and north eastern state where every year floods and storms play havoc and large number of property and living are destroyed. Floods run away locales' mud houses  and destroy it. In this time, how people save their documents and identical information certificate. So a large number of population which every year affected by natural calamities, would not have these documents so they will face the problems if it comes. 
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• COMBINATION OF CAA AND NRC.
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• If CAA and NRC are implemented at a same time, then Indian as well as outsiders will find themselves in problems. Under CAA government of India only will grant citizenship to minorities of prescribed countries in the act. If a person, irrespective of religious basis, is found to be illegal and is not able to prove its citizenship of country then he will be declared illegal immigrants and sent to detention centre. It means overall exclusion of Indians whether they are legal or illegal. And if a illegal immigrants, from prescribed countries  is found illegal, he will have no fear because he will be granted citizenship through CAA.
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• INTERNATIONAL STATUS OF CITIZENSHIP.
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• The government move to remove infiltrators from India seems to be doubtful and ambiguous in the two aspects. First, the international refugee convention 1952, is yet to be signed by the Indian government. If India joined it, now India's this move will be supported by the other countries and under it, India would have to follow the rule of convention. Now the government's this rule is ambiguous because there is a not clarity of being legal or not. And second is, the Indian government has not signed any agreement with these prescribed countries, if people prove illegal, where will government send them. Which country will be ready to take them back. If government keeps illegal immigrants in detention centre, this will be loss of Indian money to feed them until their repatriation. In the Assam one detention centre cost was 46 crore then how much money will be enough for their requirements. NRC cost in one state was nearly 1500 cr. If it is implemented countywide, then huge amounts of money will be spent on this. From where government will get fund, and in this time  Indian economy is still in recession. If we excludes monetary loss, the refugees will be denied human rights and their future will in the darkness. 
• I think, Government should signs international  convention if it is serious with illegal migrants. Govt of India already have a data of nearly 119 cr. citizens of India, so the NRC idea should drop and if it wants to implement it in any cost then it should amend the foreigners act 1940 and give relief to citizens from "burden of proof" which is laid upon the person instead of authorities. 

      Mahendra Sankhala.

                                       

                                  JAI HIND.