The Citizenship (Amendment) Bill, 2016: international law on religion-based discrimination and naturalisation law. Issue 1 (2nd January 2018)

• Record Type: Journal Article
• Authors: Poddar, Mihika
• Is Part Of: Indian law review. Volume 2:Issue 1(2018)
• Page Start: 108
• Page End: 118
• Publication Date: 2018-01-02
• Subjects: Citizenship -- naturalisation -- religion -- discrimination -- Parliament of India -- immigration -- international law; Law reviews -- India -- Periodicals; 340.0954
• DOI: 10.1080/24730580.2018.1512290
• Languages: English
• ISSNs: 2473-0580

Abstract

ABSTRACT: The current Indian Government has been under the scanner for its non-secular agendas that often reeks of religion-based bias. The apprehensions of critics and political opposition have found stronger basis in the proposed amendments to the Citizenship Act 1955, introduced in Parliament in July 2016. Purportedly for the protection of certain minority communities, the Act makes relaxations for naturalisation of undocumented migrants belonging to the identified groups. Seemingly laudable, a closer look at the provisions may reflect a partisan selection of beneficiaries on religious grounds. At a time when the Trump Administration is causing stirs throughout the international community with its non-secular agendas, and with several political and military disturbances that centre around ethnic and religious identity in different parts of the globe, non-discrimination obligations under international law gain prime importance. This legislative note attempts to analyse the religion-based discrimination that the Citizenship (Amendment) Bill, 2016, facilitates, in light of India's obligations under international law.