‘CAB’

Dr. Asangba Tzüdir

The Co-ordination Committee of Tribe Hohos, CSO’s, and mass based organizations under the umbrella of Nagaland Gaon Bura Federation (NGBF) has demonstrated against Citizenship (Amendment) Bill 2016, (CAB hereafter) by imposing bandh all over Nagaland in spite of appeals from the Government of Nagaland to reconsider the shutdown. The public resentment was shown, and though the bandh may be considered as a success in the context of bringing the entire state to a standstill, it is those at the centre holding the power that has set the CAB dice rolling. Yet, the concerns are serious and genuine, and the govt. of Nagaland cannot afford to lay the matter within the fold of Inner Line Permit (ILP).

The likely tabling of controversial CAB in the Rajya Sabha was also demonstrated by the fact that Home Minister Rajnath Singh cancelled his meeting with Chief Ministers of Northeastern states on CAB. The Prime Minister Narendra Modi has also “promised to the people of the northeastern states that the bill in no way cause harm to their interests.” At home, the BJP ST Morcha National Secretary has lashed out at NDPP “alleging that the ruling dispensation is toeing the line of the powers that be in Delhi…” by “letting the lone NDPP Lok Sabha MP vote in favor of the CAB on January 8, when it was passed in the Lok Sabha.” He stated that the CAB “will destroy and annihilate the Nagas forever because the logic and political long term implications is based on making Hindu Hindustan a reality” and that Nagas “will become slaves, bondservant and third-rate citizens in our own ancestral lands.”  

As a prologue, the Citizenship Act of 1955 envisaged the ‘right of blood’ as the primary determinant of Citizenship. It also provides the conditions for naturalization or the process by which one may come to acquire Indian Citizenship. It also includes provisions for dual Citizenship in the form of Overseas Citizen of India and person of Indian origin. This act has been amended five times because of the evolution of contesting nature of Citizenship and over the years, certain exceptions have been made to this law. In September 2015, illegal immigrants from Afghanistan, Bangladesh or Pakistan and coming to India on or before December 31, 2014, were allowed to stay.

Coming to the CAB 2016, it was introduced on July 19 in the Lok Sabha. It seeks to allow ‘illegal immigrants’ from certain minority communities belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian religious communities coming in from Afghanistan, Bangladesh and Pakistan eligible for Indian Citizenship and not to be imprisoned or deported. Further, it reduces the minimum years of residency in India to apply for citizenship to be lessened from the current 11 years to 6 years. The Bill, however, does not extend to Muslim migrants and some other minority communities. However, the Bill does not immediately grant Indian Citizenship to the said minority communities. It only qualifies them for application and in no way hold a guarantee that they will be granted Citizenship. 

Primarily, the whole point of contention is that, the exceptions have been created for these minorities who are mostly leaving their country for fear of persecution and who have genuine concerns for the safety and security of their lives and not those immigrants who willingly move out seeking economic opportunities and livelihood. The bill, while its intent to address the quandary of these people who lived in fear is positive, it brings to fore the limit of the Bill which has ignored the likes of Rohingya Muslims and other Muslims from Pakistan, China, etc. Thus, the debate surrounding the CAB centers on religious biasness. This is explicated by the fact that ‘persecuted Hindus to be given refuge in India’ was part of the BJP manifesto of the 2014 Lok Sabha elections. Further, after deporting Rohingyas (Mostly Muslims) there is an expected reciprocal backlash from Bangladesh and Pakistan to deport Hindus. On paper, granting of citizenship is not automatic, but with the upcoming elections, BJP will endeavor to shelter them making India a haven for international Hindu refugees.

Drawing the case of Nagaland and its associated concerns, although ‘indirectly,’ this ‘detour’ will only open the flood gates of immigration. The ethnic identity of the people finds seriously threatened besides other security as well as economic concerns. Along with the current trend of illegal immigrants, the Hindu immigrants, after getting citizenship, will enjoy all rights including employment and the fact that the recent 10% reservation for backward Upper Caste Hindus will work in their favor. The effect will be such that with hardened resistance against CAB in Assam, Nagaland, will become a safe haven for this new group as well, which besides other concerns will affect the distinctive socio-cultural fabric of the Nagas. 

While there are apprehensions about BJP manifesto of making India into a Hindu homeland, at home the concern revolves around Nagaland becoming a ‘dumping ground’ for immigrants which cannot be solved through the existing ILP or provisions under article 371 (a). 

(Dr. Asangba Tzudir contributes a weekly guest editorial to The Morung Express. Comments can be mailed to asangtz@gmail.com.