CAA Compromise : With Malice towards None

For the past few weeks, our beloved country has witnessed protests against CAA – some peaceful and some violent

There have also been endless debates on TV channels, with participants finding faults with CAA

But hardly anyone suggesting a compromise solution, consisting of modified text of this amendment, which would satisfy all the Indian citizens and which would be welcomed by all

Following is my suggestion :

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Item Description	Existing Text	Proposed Text
Short title	This Act may be called the Citizenship (Amendment) Act, 2019 [  CAA  ]	This Act may be called the Religiously Persecuted Foreign Minorities ( grant of Citizenship ) Act, 2020   [  RPFM  ]
Amendment of section 2.	"Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;".	Under this amendment, Indian “ Certification of Naturalization “, may be granted to foreigners who have entered into India, on or before the 31st day of December , 2014, under following criteria : [ A ].. Country of Foreigner           Such a foreigner could hail from any country of the world [ B ]… Religion of Foreigner            Such a foreigner could belong to any religious community [  C  ]…. Status of Foreigner             In his / her own native country, said foreigner must belong to a religious minority , which has been or currently being , persecuted for his / her religious belief [  D  ]…. Proof of persecution            While applying for Indian “ Certification of Naturalization “, under this RPFM Act, the foreign person would need to prove to the satisfaction of the Home Ministry, that he / she was persecuted by the majority religious community in his / her native country before entering India
Special provisions as to citizenship of person covered by proviso to clause (b) of sub-section (1) of section 2.	'6B. (1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2. ---------------------------- (2) Subject to fulfilment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date of his entry into India.	6B ( 1 ) No change in existing text -------------------------------- ( 2 ) Subject to fulfilment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India , upon completion of 10 years of continuous stay from the date of entry However, in consideration of the level of religious persecution suffered by certificate holder , Government may , at its sole discretion , shorten this period
Foreigners failing to fulfill the conditions for issue of “ Certificate of Naturalization “	No mention in existing text	If an applicant fails to fulfill the conditions laid down for the issue of the “Certificate of Naturalization “, then , Ø  He / she will be reimbursed the cost of repatriation to his / her native country Ø  In case of his / her native country refusing to take him / her back, he / she may continue to stay in the same city / town of India, where they are currently residing, with the status of,             “  Atithi of India “ Ø  As an “Atithi “, such person cannot buy / own any property in India but may continue to earn their livelihood as at present and pay legal taxes on their income as per Income Tax Act
Detention Camps	No mention in existing text	Persons failing the conditions for getting “ Certification of Naturalization “, will not be forced to stay in facilities specifically created for their stay by the Government . But , if requested , they will be granted “ Temporary Accommodation “ in such facilities
Children born to such Foreigners	No mention in existing text	If such children are born in India, they will be granted Indian Citizenship, even if the foreigner failed to get “Certificate of Naturalization “
Subject to be added by readers of this blog		?

Dear Shri Amitbhai Shah,

This is not a question of losing face .

It is a question of magnanimity – a question of accommodation of the wishes of everyone concerned – a question of “ Give and Take “ – a question of “ sub ka Saath , Sub ka Vikas “

Even the CJI of the Supreme Court said yesterday :

“ I don’t think anything ( any law like CAA ) is irreversible . There will have to be a date for hearing this interim prayer ( for stay on CAA )………. This case is uppermost in everybody’s mind “

I urge you to consider further amendment of CAA along the lines suggested by me above , after due prior discussions with all the parties concerned

I believe they will appreciate your constructive approach

With regards,

Hemen parekh

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23  Jan  2020

hcp@RecruitGuru.com