Decoding CAB Maze
- The basic point : If any foreigners stays in India beyond legal periods or enter India with no document, they become ‘Illegal Migrants” via Passport Act to face penalty/punishment through Foreigner’s Act.
- What 7 Sept 2015 Notification said :
Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2014 With or Without Valid documents are hereby granted exemption from the application of provisions of the Foreigners Act, 1946
- In simple words – The September 2015 Notification granted exemption from the application of the Provisions of the Foreigners Act 1946 to these above mentioned people. Which means they will not be arrested, jailed and deported. They can now stay in India but they can not apply for Citizenship under ‘Naturalisation” as they continue to remain “Illegal Migrants” even if penalty against them is not applied as per said notification
- What is the Naturalisation Process: Only those who are staying in India legally for preceding 12 years can apply for Naturalization. CAB now wants to reduce it to 6 years. Illegal Migrants can not apply for Naturalisation Process.
- CAB’s most controversial point: Shall not be treated Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution as “illegal migrants” for the purpose of the act.
- Which means- Since they are not called “illegal migrants” as per the new CAB, they now can apply for Naturalization and that too within 6 years not 12 years.
- Under SC : The Sept 7, 2015 notification is also under challenge in SC and now before Constitution Bench.