Plans to change Citizenship Act hit Assam accord hurdle
NEW DELHI: The Modigovernment's plans to fast track citizenship for minorities like Hindus, Sikhs and Christians fleeing religious persecution has hit a bump with the law ministry pointing out that the proposal runs afoul of the Assam accord.
The amendments to grant swifter citizenship to minorities from countries like Pakistan, Bangladesh and Afghanistan is a key promise of the NDA government that argues that India has a duty to help out this section of refugees.
The move has a political element as these refugees have claimed to be victims of forced conversions and assaults.
But the proposed amendments to the citizenship act have political ramifications for Assam where chief minister Sarbananda Sonowal had himself successfully challenged the functioning of the Illegal Migrants (Determination by Tribunals) Act on the grounds that the tribunals were in violation of the Constitution.
The Supreme Court had ruled in 2006 that all cases under the IMDT Act be transferred to the tribunals constituted under the Foreigners (Tribunals) Order, 1964 which defines a person of Indian origin as someone who has been a resident of Assam since January 1, 1966.
Thereafter a person who has entered India between January 1, 1966 and before March 23, 1971 and who has been detected to be a foreigner cannot be on an electoral list for a period of 10 years since then. "The proposal to reduce the aggregate period of residence from 11 years to six years appears to be contrary to the Assam accord," the law ministry said.
It has also pointed out that the case is currently being heard by a constitution bench of the SC and this needs to be taken into consideration when framing the bill. "The amendment of the citizenship act makes it clear that the question of determination or detection of a foreigner is governed by the foreigners act, 1946 and foreigners (tribunals) order, 1964," the ministry has submitted.
The non-inclusion of Muslims in the amendment to the citizenship act has been opposed by some political parties as an act of discrimination. The government has argued that the majority communities of these nations do not qualify for special treatment.
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