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The Citizenship Amendment Act 2019 (Caa)And National Register of Citizens (Nrc):The Cuteness Law in India

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The Citizenship Amendment Act 2019 (Caa)And National Register of Citizens (Nrc):The Cuteness Law in India JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 THE CITIZENSHIP AMENDMENT ACT 2019 (CAA)AND NATIONAL REGISTER OF CITIZENS (NRC):THE CUTENESS LAW IN INDIA Naresh Kumar* *FCI, Member, Under the Ministry of Consumer Affairs, Food and Public Distribution, Government of India “What difference does it make to the dead, the orphans and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty or democracy?” --- Mahatma Gandhi Received: 14 March 2020 Revised and Accepted: 8 July 2020 ABSTRACT: India is a nation of secularity, freedom, and stability. This could be the only nation in the world to support the slogan of 'Unity in diversity.' Maybe this is why many people from different countries want Indian citizenship.The word citizenship means that every society or State in which a person is enjoying full membership; it has civil and political rights.It may be defined as an individual 's legal connection with a particular State expressed by committing his or her allegiance to the State and performing duties such as paying taxes, serving in the armed forces in need of services, observing national values etc.The Citizenship (Amendment) Act, 2019 is an act passed on 11 December 2019 by the Parliament.The CAA of 2019 amended the 1955 Citizenship Act allowing Indian citizenship to Hindu, Sikh, Buddhist, Jain ,Parsi and Christian religious minorities that fled from Pakistan, Bangladesh and Afghanistan 's neighbouring Muslim majorities prior to December 2014 on the basis of the "religious persecution or fear of religious persecution."The law excludes Muslims, however. In six years, the migrants will obtain Indian citizenship easily. The amendment also eased the residence requirement for these migrants to be naturalized from 11 to 5 years.For almost two months now, the CAA has been in the news and even today, they hog newspapers. Protests against and in favour of the bill spread across the country, while in South Delhi, ShaheenBagh became some kind of iconic protest.At first sight, the law can seem discriminatory and unconstitutional, but there is no closer examination of this accusation. The provision does not violate Article 14, which can require the listing of rules.The claim that the Act is against secularism and violates the basic framework of the Constitution is a command of language rather than legal justification. Only in the absence of legislative authority or in breach of any constitutional clause shall a statute be invalidated.The land is not present, so no national statute is exclusive to this House and no constitutional requirements are violated by this amendment.The protests are failing and Modi and Shah can carry on with their two-tier citizenship plans, and we should be prepared to deal with certain consequences which will change Indian society and its relations regionally and worldwide forever.The nationalism has defined itself through the richness of identity that determines what it means to be an Indian. The National Anthem of India says, "Punjab, Sindh, Gujrat, Maratha, Dravid, Utkal, Banga" ,not Hindu, Muslim, Sikh.When freedom fighters fought against the British, they did not let their intention and unity shift in religious columns.CAA 's impact on the Indian economy is also diversified. The greatest impact is that we already have an unfortunate disappointment with the Islamic nations with which we have close business and cultural connections.The United States, with which India has formed relations for decades, also shows some incredulity in this Act.After the dilution of Article 370 in August, US senators have challenged India 's actions. India faces losing friendly relations and trust with its major Allies.Indian diplomacy works twice as hard to explain what CAA really is to the world! Free Asian countries account for almost 50% of India's exports.Our cheap labor is important for the world, but in many countries , public opinion is not opposed. Let us not fool ourselves that economic rationalism is more important for leaders to preserve themselves.But our people, the citizens, are the most important and significant element. Where can India effectively handle dissidents? Too many people can't be placed in a detention centre. They target Muslims today, so who is next for the BJP?Many minorities today think about this on the table. So any question needs to be investigated and addressed in law so that the judgments are not affected by any group or caste. Antonio Gramsci has said, “In order to govern, all states need the consent of the governed”. Consent must therefore be developed by balancing conflicting arguments and policies in the interests of all sectors of society. KEYWORDS: Citizenship Amendment Act, National Register of Citizens, Indian Constitution, Secularism, CAA, NRC 3866 JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 I. HISTORY OF CAA As Hindu nationalistic organisations, which were at the forefront of Indian society and politics, SujataRamachandran wrote in 2003 that their discourse focused attention on "a population which appears to be alien, largely unchecked and subreptitious in neighboring Bangladesh."Ramachandram wrote that these immigrants were viewed as "infiltrators" who pose a grave threat to India, not as "aliens" or "illegales" but as ''Trespassers.''The trustworthy myriad hazards of 'infiltration' (BharatiyaJanata Party 1994; B Rai 1992, 1993) were illustrated in a considerable amount of propaganda texts drawn up chillingly, strongly and in great detail by parivar ideologue or supporters outside of the flap.Appearing as a 'silent, invisible invasion' and a 'demographic violence' of motivated, illiterate, and bigoted Bangladeshis Muslims migrating massively to India began to sprain great [Joshi 1994; B Rai 1992, 1993].In the midst of allegation that significant numbers of Bangladeshi Muslim immigrants were included in the election rolls, the IMDT Act, 1983 (IMDT Act) The Determination by Tribunals Act 1983 was passed.The Election Commission, as Walter Fernandes wrote, asked the state government to recognize constituencies with a significant increase in the numbers of voters, but there was little State doing on the issue.Elections in Assam officially increased by 10.2% in the 1970-1970 period, by 10.42% in the 1971-1977 period and by another 10.3% in 1978.The Assam movement 's main ultimatum was to identify and expel aliens to the territory.Its priority was on Bangladeshis, although it is estimated there were only about 40 percent of refugees, the rest from Hindi speaking territories or from Nepal.The movement started out as a democratic movement, but it still ran the risk of being group due to cultural leanings, because most refugees from Bangladesh were islamists.This provided a national background from the Nellie massacre of more than 300 Bangladeshis in 1983.One VHP figurehead even said that a Pakistani smear campaign is to infiltrate Bangladeshis into an islamic republic and "support all kinds of acts of terrorism" (Staff Reporter, Assam Tribune, 23 December 2001).Now, nevertheless, the majority of AASU representatives urged the public not to communalize this (The Assam Tribune, 15 July 2005) and also tolerated this sectarian inclination to the BJP subsequently.The legislation is only valid for Assam. Among other parts of India the 1946 Foreigners' Act is passed, which provides evidence of the indian descent to the convicted.AnupamaRoy 's report of 2003 on the Citizenship Act (Amendment) explores the judiciary origins of the Bill 2016, the now implemented one.Roy arguing that, in its present form, the CAA and the NRC come from the 2003 Citizenship Act (Amendment) and are based on the 'economic migrants' group, as adopted by the 2003 amendment by descent prohibiting citizenship.The Citizenship Rules (2003), which defined administrative processes for NRC building and issuance of nationwide identification cards to residents, also exacerbated this divide. The reform of the Citizenship Act, enacted by 2003, introduced two major changes: law acknowledgment of India 's overseas nationality group, and restriction by descent of citizenry by limiting it to individuals whose guardians were Indian or one guardian was Indian and one parent did not constitute an immigrant who was illicit.The standard procedures for the building and implementation of NRC (Registering citizens and Issue of National Personal Cards), 2003, were also adopted. L K Advani introduced a National Identification Card (NIC), a predecessor to the NRC, for 13 Member States in 2003. J V Deshpande says Advani has been responsible for screening the involvement of "illlegal refugees" especially from Bangladesh and tourists from Pakistan for the launch of this pilot program. Advani also allegedly ordered "all the states and union territories to trace and expel millions of Bangladeshis and tens of thousands of Pakistanis who reside unlawfully in India."One part of the issue is Advani too. In addition to Bangladesh's undocumented immigrants, a large percentage enter the country illegally because of religious discrimination and have nowhere to go but India.There is no question that two separate groups of immigrants will be handled differently. Has the administration considered this issue? What would their thoughts on these immigrants be?All such assertions should not be opposed to the Advani proposition, but should merely highlight the challenges in implementing it. Until launching the NIC system for the identification and expulsion of illegal immigration
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