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STATELESSNESS AND THE CITIZENSHIP AMENDMENT ACT, 2019
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2019 Act, individuals must be Hindu, Sikh, Buddhist, Jain, Parsi, or Christian
who entered India on or before December 31, 2014, and from Afghanistan,
Bangladesh or Pakistan.157
The 2019 Act adds a third layer to the complexities of Indian citizenship
law. This is because first, one must look at the entire set of laws governing
Indian citizenship law; second, identify if they can be categorised as illegal
migrants; and third, identify if they can be exempt from such classification as
an illegal migrant under the 2019 Act based on, inter alia, religious identity. If
one falls within the ambit of the 2019 Act, they will not be an illegal migrant
and hence not be disqualified from Indian citizenship.158 However, persons
ineligible under the 2019 Act, as the Sri Lankan Tamils, are disqualified from
acquiring Indian citizenship.159
Numerous scholars have levelled severe criticism against the validity
of the 2019 Act.160 Further, several petitions have been lodged before Indian
courts, raising crucial questions like the constitutionality of the 2019 Act,161
federalism,162 and police brutality at “anti-CAA” protests163 emanating from
157
158
159
160
161
162
163
requisite visas or LTVs, how can they prove their nationalities or religion? as in Nizam Pasha,
‘OPINION | Six Claims Around CAA-NRC Pushed By the Ruling Party Which are Far From
the Truth’ (News18, 31 December 2019) <https://www.news18.com/news/opinion/opinion-sixclaims-around-caa-nrc-pushed-by-the-ruling-party-which-are-far-from-the-truth-2438377.html>
accessed 28 July 2021.
2019 Act, s 2; similarly, individuals who meet the criteria need to fulfil only 5 years of residence to naturalise as Indian citizens instead of 11 years in the ordinary course in the path to
Indian citizenship as in 2019 Act, s 6.
Shaul Gabbay, ‘India’s Muslims and Hindu Nationalism’ [2020] 8 International Journal of
Social Science Studies 51.
1955 Act, s 3, s 5, s 6.
A detailed discussion is beyond the scope of this paper; to name a few, Jayal (n 23); Jayal
(n 27); Jayal (n 27); Bhatia (n 51); Irfan Habib, ‘CAA-NRC and its Misleading Historical
Context’ The Indian Express, 2 January 2020) <https://indianexpress.com/article/opinion/
columns/caa-nrc-and-its-misleading-historical-context-6196201/> accessed 28 July 2021;
Ramachandra Guha, ‘Why the CAA is Illogical, Immoral and Ill-timed, Writes Ramachandra
Guha’ (Hindustan Times, 12 January 2020) <https://www.hindustantimes.com/columns/whythe-caa-is-illogical-immoral-and-ill-timed-opinion/story-AwBFkNxmdQD4vPViar6iJJ.html>
accessed 28 July 2021.
Bhatia (n 25); Chandrachud (n 27); Bhat (n 27); Desai (n 25); Poddar (n 27); Varghese and
Narasappa (n 27).
SCC Observer, ‘The State of Kerala v Union of India’ (2020) <https://www.scobserver.in/
court-case/kerala-caa-suit> and <https://scobserver-production.s3.amazonaws.com/uploads/
case_document/document_upload/1216/Kerala_CAA_OS.pdf> accessed 28 July 2021.
Bharat Bhushan, ‘Citizens, Infiltrators, and Others: The Nature of Protests Against the
Citizenship Amendment Act’ [2021] 120 South Atlantic Quarterly 201; Firstpost, ‘Full
Text: 10,000 Academics, Members of Civil Society Sign Petition to Protest Police Action
at Jamia Millia, Curfew at AMU’ (Firstpost, 18 December 2019) <https://www.firstpost.com/india/full-text-10000-academics-members-of-civil-society-sign-petition-to-protest-police-action-at-jamia-millia-curfew-at-amu-7796171.html> accessed 28 July 2021;
Betwa Sharma, ‘Two Months On, CAA Protesters Fight Public Apathy as Police Brutality
Continues’ (Huffpost, 13 February 2020) <https://www.huffpost.com/archive/in/entry/
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