The document discusses India's Citizenship Amendment Bill of 2019 and the complex issues surrounding citizenship in Assam. It provides background on citizenship rights, the distinction between citizens and denizens, and the Assam Accord. The Accord established cut-off dates for deporting undocumented immigrants based on when they entered Assam. However, implementing these dates through the NRC and tribunals has stoked fears among Assamese and alleged foreigners. The Citizenship Amendment Bill aims to grant citizenship to religious minorities from neighboring countries but excludes some groups and contradicts the Assam Accord. Overall, the document examines the tensions between maintaining Assam's cultural identity, identifying undocumented immigrants, and upholding equal citizenship rights and secular principles.

1. DENIZEN TO CITIZEN:
WITH REFERENCE TO CITIZENSHIP AMENDMENT BILL, 2019
PALLAVI DEVI
ASSISTANT PROFESSOR, PG DEPARTMENT OF LAW, GAUHATI UNIVERSITY

2. WHO IS A CITIZEN
• One who enjoys all the civil and political rights

3. WHO IS A DENIZEN
• Who do not enjoy all the civil and political rights
• Well defined and specific grounds to qualify as a refugee
• Principle of non-refoulement
• The case of Assam
• Assam Accord signed between Centre and the States.
• According to the Assam Accord all those foreigners who had entered Assam between 1951 and
1961 were to be given full citizenship including the right to vote.
• Migrants those who had done so after 1971 were to be deported. Those who entered between
1961 and 1971 were to be denied voting rights for ten years but would enjoy all other rights of
citizenship.
• Detection is confusing: 10 years from the date of the Accord signed or 10 years from the date of

4. ACQUIRING CITIZENSHIP IN INDIA
• The conferment of a person, as a citizen of India, is governed by
Articles 5 to 11 (Part II) of Indian Constitution.
• It is through Art 11 which empowers Parliament to regulate
citizenship by law. It is through this Article that Citizenship Act
was passed in 1955.
• The Citizenship Act 1955, has been amended in1986, 1992, 2003,
and the Citizenship 2005 and 2016
• Clause 6A inserted in the Citizenship Act, 1955

5. CONSEQUENCE OF THE CUT OFF DATE
• After the cut off date irrespective of religion both Muslims and
Hindus are to be considered as foreigners.
• Unfortunately Hindu Bangladeshi became the cultural other and the
Muslims became a political threat to the state
• The Truth is:

6. ACQUISITION OF CITIZENSHIP UNDER
CITIZENSHIP ACT 1955
1) Citizenship at the commencement of the constitution of India.
2) Citizenship by birth. (Different clauses for different periods)
3) Citizenship by descent
4) Citizenship by registration
5) Citizenship by naturalization.
6) Incorporation of territory: eg Annexation of Sikkim

7. CITIZENSHIP BY BIRTH
• Any person born in India on or after 26 January, 1950, but prior to the
commencement of the 1986 Act on 1st July 1987, is a citizen of India by birth. A
person born in India or after 1st July 1987 is a citizen of India if either parent was a
citizen of India at the time of the birth.
• When you are born in India after 3rd Dec 2004, both parents have to be an Indian
or one parent Indian and the other must not be an illegal immigrant

8. CITIZENSHIP BY DESCENT
• Persons born outside India on or after 26 January, 1950, provided one or both
parents were citizen of India at the time of the birth.
• Persons born outside India on or after 10th December, 1992 are Indian citizen by
descent if either of their parents is an Indian Citizen at the time of birth
• Persons born outside India on or after 3rd December 2004 are Indian citizen by
descent if either of they register their birth with Indian authorities within one year

9. CITIZENSHIP BY REGISTRATION
• Person of Indian origin who are resident for 7 years before making the
application.
• Person who married to an Indian citizen and resident for 7 years before making
the application.

10. CITIZENSHIP BY NATURALIZATION
• Under the Citizenship Act, 1955 a person can acquire citizenship by naturalisation
if he/she is ordinarily resident of India for 12 years and fulfills all qualifications in
the third schedule of the Citizenship Act.

11. UNDERSTANDING ASSAM ACCORD AND NRC
• The Accord promised identification and deportation of illegal immigrants residing in
Assam from 25th March, 1971.
• What is NRC
• Is this the first register of such kind
• What is the need for this?
• Who will be considered as Indian Citizen?
• Are these only admissible douments
• What would happen to those coming after March 24th, 1971?

12. DECODING CAB BILL, 2019
• The CAB, 2016 passed in Lok Sabha on 8th Jan, 2019 seeks to amend the Citizenship Amendment
Act, 1955 to permit six minority communities of Bangladesh, Pakistan and Afghanistan
• the Hindus, the Sikhs, the Buddhists, Jains Parsis and Christians eligible for citizenship if they had
entered the country till December 14, 2014,
• without any valid travel documents or with valid travel documents but validity expired from the
application of Foreigners Act, 1946 and Pass port (Entry into India) Rules and shall not be treated
as illegal migrants.
• 11years requirement relaxes to mere 6 years
• Food for thought: Srilanka Bhutan, Myanmar’s religiously persecuted minority not included. Also
excluded the Ahmadiya’s community of Pakistan is excluded.

13. THE FEAR OF THE ASSAMESE
• Afraid of getting reduced to minority community like the Tripuris
• Afraid of getting reduced to linguistic minority like the Kokborok language of the
Tripuris.
• India had eased tourist visa norms for Bangladeshi nationals under the age of 13 and
above 65 years.
• The current governments at the centre and in the state established a Bangladesh
Consulate in Assam to display the bonhomie existing between them.
• The Land Swap Deal with Bangladesh. The boarder is still porous
• Introduction of CAB, 2016 when NRC was in full swing

14. THE FEAR OF THE ALLEGED FOREIGNER
• The tribunals are governed by the Foreigners Act, 1946 which places the burden
of proof on the accused to prove that they are Indian citizens
• Don’t get enough time to defend themselves
• Don’t get notice or could not afford legal representation.
• Manowara Bewa v. Union of India
• Family tree process is cubersome

15. CONCLUSION
• The bill contradicts with Assam Accord of 1985 which clearly states that illegal
migrants coming from Bangladesh after March 25th, 1971 would be deported.
• It is against the secular principle.
• (The updated NRC because of the Constitutional Amendment Bill, 2016 will be
reduced to an instrument for identification and driving out only illegal Muslim
Bangladeshi immigrants or would keep them as ‘stateless’ citizens in absence of
any repatriation treaty between India and Bangladesh)
• It violated the principle behind right to equality.
• Violation of law on the grounds of which registration will be cancelled has not
been defined.

16. SUGGESTION
• Distribution in other States except Assam