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