CAA ( Citizenship Amendment Act 2019)

 INTRODUCTION

Citizenship Amendment Act, Which was enacted into law on 12 December 2019, is beneficial for Hindu, Sikh, Jain, Buddhist, Chirstian, and Parsi refuge from Afghanistan, Pakistan, and Bangladesh who sought refuge in India before 2015.But the main problem arise when they did not include Muslims and others.only the above Specified community people without Documentation will be provided fast track Indian citizenship in six years, those who residing in India for the period of more then 12 years before 2014.

CAA

As per Amrata Sen who is the Nobel Laurete stated that Citizenship Amendment had violated the Provision of the constitution. As per the point of view of her “using religion one cannot discriminate the people’s citizenship and it is not acceptable” in other words it says it discriminate against muslim and violates the right of equality which is mentioned in constitution.

ADDITION OF PROVISION INSIDE THE BILL

It incorporates a sub-section (d) to Section 7 which is about Cancellation of overseas citizen of India (OCL)

PROTEST

One of the main reason behind protesting against citizenship amendment act is it is against the Article 14

Now what article 14 states:-

Article 14 relates to fundamental rights to equality.

                                               FACT’S:-

How politician violating Article 14 as per the retired member of judiciary:-

As per the point of view of retired member judiciary Article 14 violates three classification:

• Arbitrariness (Meaning: - the quality of being based on chance rather than being planned or based on reason) in state action and treating people unequally without reason.
• Citizenship Amendment Act is not reasonable as it does not consider Muslim under minorities like Ahmadiyyas , Hazaras and Shias.
• Inequality in treatment of people by considering religion.

HOW CONSTITUTION IS NOT VOILATING:-

Firstly the things which is mentioned by the retired is not clear in all three ways.

• As per the retired member of judiciary CAA is violating the constitution of India by treating people unequally,

Fact:-

Constitution is only applicable to the citizens of India and it cannot be applied to anyone who is not citizen of India. CAA is implemented to give citizenship to the one who is not having citizenship in India and it is not cancelling or revoking anyone’s citizenship in India.

As stated by Amit Shah (Home minister) “CAA Nagarikta dene k liye hai, yeh Nagarika chine k liye nai hai”

• As per the retired member of judiciary CAA is making discrimination against Muslims

FACT:-

Not including Ahmadiyyas, Hazaras and Shias is justifiable, as any part of Muslim majority is persecuted within officially declared Islamic state is an internal matter of Nation. If Islamic nation refuses to accept such people with some specific reason why should India shelter such people

• Inequality in treating people considering their religion

      FACT:-

       This Act is not making any discrimination considering their religion, this is implemented to remove any discrimination and to send people who are no citizen of India and who are boycotted from other Islamic country for specific reason. Major benefit of this amendment is it gives citizenship who are in India for the period of more than 12 years by providing documents as proof of residence of ancestors to the officials of India.