"Understanding Citizenship (Amendment) Act 2019 and the Controversies: Exploring Indian Citizenship Criteria"
The enactment of the Citizenship (Amendment) Act
2019 by the Parliament led to widespread protests throughout the country.
Initially, these protests were peaceful, aiming to express dissent against the
CAA. However, in some instances, the demonstrations turned violent, with
incidents of stone pelting and vehicle arson. Regrettably, the police response
resulted in the loss of lives, with over 20 people being shot and protesters
facing lathi charges. To maintain order, the police detained thousands of
individuals, and in several areas, Section 144 was imposed, restricting public
gatherings. Internet services were also suspended, and police conducted
house-to-house searches, leading to arrests.
Amidst
these protests, numerous questions have arisen regarding the Citizenship
(Amendment) Act. In the following explanation, I will outline the factors that
determine our status as citizens of India.
The President of India holds the position of the first citizen, and subsequently, all other individuals become citizens. Following India's independence, the government introduced various identity cards for residents, including the Ration Card, PAN Card, Aadhaar Card, and Voter ID Card. However, these identification proofs do not serve as evidence of Indian citizenship; their purpose is to assist with travel and the implementation of government policies. What establishes our citizenship is the Constitution of India.
According to the Indian Constitution, individuals
who were residing in India at the time of its commencement on November 26,
1949, are considered citizens of India. Articles 5 to 11 of the Constitution
outline the provisions regarding citizenship. Citizenship is granted to individuals
who meet the following criteria:
(a) Those who were born in India,
(b) Individuals with at least one parent who was born in India,
(c) Persons who have been ordinary residents of
India for a minimum of five years.
To address issues related to illegal migration
after the enactment of the Constitution, the Parliament of India introduced the
Citizenship Act to grant citizenship to such individuals. Before acquiring
citizenship, applicants are required to provide supporting documents such as
birth certificates and proof of place of residence. There are various methods
through which citizenship can be acquired, including by birth, by descent, by
registration, and by naturalization. Recently, certain amendments have been
made to the Citizenship Act, which has led to ongoing protests in the country.
While there isn't a specific identity card that
serves as conclusive proof of Indian citizenship, individuals who fulfill the
conditions outlined in Articles 5 to 11 of the Indian Constitution and acquire
citizenship through the Citizenship Act are recognized as Indian citizens. These
constitutional provisions and the Citizenship Act establish the criteria and
processes for acquiring Indian citizenship. Thus, fulfilling these conditions
and procedures grants individuals the status of an Indian citizen.
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