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GS Paper: GS2-01.Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

  • Citizenship and Related Issues

    • What is citizenship?
    • What does constitution say about citizenship?
    • Special rights enjoyed by citizens
    • Legislations in this regard
    • Termination of citizenship
    • What are OCI and PIO?
    • Merger of OCI and PIO
    • Other changes to citizenship provisions
    • Legislation to give citizenship to minorities
    • Bill to amend citizenship act, 1955

    What is citizenship?

    Citizenship is the status of a person recognized under the custom or law as being a member of a country. A person may have multiple citizenships and a person who does not have citizenship of any state is said to be stateless.

    What does constitution say about citizenship?

    The provisions of citizenship are covered by Articles 5 to 11 and are embodied in Part II of the Constitution.

     

    • Article 5 refers to citizenship not in any general sense but to citizenship on the date of the commencement of the Constitution.
    • Articles 6 and 7 deal with two categories of persons, namely, those who were resi­dents in India but had migrated to Pakistan and those who were residents in Pakistan but migrated to India.
    • Article 8 deals with Rights of citizenship of certain persons of Indian origin residing outside India
    • Under Article 9 of the Constitution, and person who voluntarily acquires the citizenship of any foreign State, even if qualified for Indian citizenship under any provision of the Constitution, may not be a citizen of India.
    • Article 10 says that every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
    • Article 11 deals with power of Parliament to regulate the right of citizenship by law and states that nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

    Special rights enjoyed by citizens

    Fundamental Rights provided in Indian constitution are available to citizens of India only; some of the fundamental rights which are not enjoyed by a non-citizen of India are:

    • Right to be discriminated on the basis of religion, race, sex, cast or birth of place
    • Equal opportunities in public employment
    • Right of six democratic freedoms (Article 19) + Cultural & educational rights

    Only citizens of India have the right:

    • To hold civil office
    • Right to vote
    • Right to be judges of courts

    Again, citizens alone have the right to hold certain high offices such as those of the President, Vice-President, Governor of a State, Judge of Supreme Court and High Courts, Attorney General, etc. the right to vote to elect a member of the Lok Sabha and a Vidhan Sabha and the right to become a Member of the Parliament and a State Legislature are reserved for citizens only.

    Legislations in this regard

    The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.

     

    • Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired under the following ways:
    1. Citizenship at the commencement of the constitution of India
    2. Citizenship by birth
    3. Citizenship by descent
    4. Citizenship by registration
    5. Citizenship by naturalization.

    Termination of Indian Citizenship as per Citizenship Act 1955: One can lose citizenship of India in 3 ways – Renunciation, Termination and Deprivation

    There are 3 situations under which a citizen of India may lose his Indian Nationality.

    • By Renunciation: If any citizen of India who is also a national of another country renounces his Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen of registration of such declaration.
    • By Termination: Any person who acquired Indian citizenship by naturalisation, registration or otherwise,, of he or she voluntarily acquired the citizenship of another country he shall have ceased to be a citizen of India from the date of such acquisition.
    • By Deprivation: The Central Government is empowered to deprive a citizen of his citizenship by possible grounds of a citizenship certificate by means of fraud, false representation, concealment of any material fact; disloyalty of disaffection towards the Constitution shown by act or speech; assisting an enemy with whom India is at war.

    What are OCI and PIO?

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    Merger of OCI and PIO and how it will help

    The government has decided to merge the two cards of PIO and OCI and go ahead in this direction.

    • Merging PIO and OCI will lead to simplification of the rules under a single umbrella.
    • It was envisaged that merger of the card would facilitate visa-free travel to India, rights of residency and participation in business and educational activities in the country.
    • This is aimed at simplifying the visa-free entry for people of Indian origin into India.
    • The merger of the two cards could make PIO cardholders eligible for benefits already enjoyed by OCI cardholders.
    • Merging of the two cards will facilitate travel of Indians staying abroad and their participation in various activities in India.

    Other changes to citizenship provisions

    The Union Cabinet has approved proposals for extending several benefits to ‘persecuted’ minorities from Pakistan, Afghanistan and Bangladesh living in India on long-term visas. Many members of the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have come to India fearing persecution in their home countries.

    • The beneficiaries can buy property for self-occupation or use in self-employment.
    • They are allowed free movement within the State of their stay, and can get their long-term visa papers transferred from one State to another.
    • The government has permitted them to apply for long-term visas from the place of their current residence, even if they have moved to the present place without seeking permission.
    • The government has waived the penalty on late application for extension of their short- or long-term visas. The registration fees for citizenship will be reduced to Rs. 100 from Rs. 3,000-15,000.

    Soon, the Citizenship Rules, 2009, will be amended to help such persons get citizenship.

    Legislation to give citizenship to minorities

    • In other legislation People belonging to minority communities of Pakistan, staying in India on a Long Term Visa, will soon be able to get citizenship.
    • The Centre will set up a 4-day camp here to grant Indian citizenship to those who migrated to India from Pakistan between 1971 and 2009. The application process is divided into three categories to bucket them according to their year of migration.

    Bill to amend citizenship act, 1955

    • The government is also likely to introduce a Bill in the monsoon session of Parliament to amend the Citizenship Act, 1955
    • Amendment: Definition of “illegal migrants” to be changed that will enable the government to grant citizenship to minorities
    • The minorities aimed are at mostly Hindus, from Pakistan, Bangladesh and Afghanistan, who have fled their country fearing religious persecution

    Read all details about this bill and associated issues here:

    [Burning Issues] Citizenship Amendment Bill (CAB) 2016

    References:

  • Freedom of Speech – Defamation, Sedition, etc.

  • Temple entry for women : Gender Equality v/s Religious Freedom

  • Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

     

    What is the idea behind a Uniform Civil Code for India?

    Currently, believers of various religions can marry, adopt, inherit property and divorce under their own customs.

    Under a Uniform Civil Code, it is believed, personal laws and sanctioned practices of different religions will be largely harmonised with accepted fair practices for all citizens, under guidelines laid down by Constitution.

    Does the Constitution mention a Uniform Civil Code?

    Article 44 of the Constitution, which is one of the Directive Principles of State Policy, says: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

    Directive Principles are not justiciable or mandatory, only a guideline.

     

    Then, what is the debate about?

    Articles 29 and 30 guarantee minorities the right to conserve their culture and script, and run their own educational institutions.

    It was understood that minorities could practise their religion and follow their customs and traditions.

    The Supreme Court asked the central government, whether it was willing to bring a Uniform Civil Code to ride over inconsistent personal laws in different religions.

    There was “total confusion” over the incoherent stipulations about marriage, divorce, adoption, maintenance and inheritance.

    Currently, different laws regulate these aspects for adherents of different religions.

    Is the debate over Uniform Civil Code just a Hindu-Muslim issue?

    Far from it. Parsis, Jains, Sikhs, Christians, apart from of course Hindus and Muslims, have their own civil codes.

    While the Muslim Personal Law is yet to be codified (because of deep divisions within), Christian and Parsi codes were specified before Independence.

    The personal laws of Hindus, Jains, Sikhs and others were codified in the 1950s.

    So, What does our secular Constitution say?

    Article 25, which guarantees the freedom to practise, profess and propagate any religion. By the 42nd Amendment of 1976, India was declared a secular nation.

    The understanding of Article 25, the State and its institutions have not interfered with religious practices, including in relation to various personal laws.

    There is a view that this principle runs contradictory to the idea of secularism which requires the State to be inert to religious considerations, and not tacitly support them by following a practice of non-interference, no matter what.

    Clause (2) of Article 25 empowers the State to frame any law to regulate or restrict “secular activity which may be associated with religious practice”, therefore, it is argued, Article 25 is no bar to having a Uniform Civil Code.

    The inconsistency in personal laws has been challenged on the touchstone of Article 14, which ensures the right to equality.

    Historical Judgements

    Litigants have contended that their right to equality is endangered by personal laws that put them at a disadvantage.

    The first prominent case founded on Article 14 was Shah Bano case (1985) in which the apex court ruled that a Muslim woman was entitled to alimony under the general provisions of the CrPC, like anybody else.

    Following protests from Muslim leaders, Rajiv Gandhi’s government in 1986 got the Muslim Women (Protection of Rights on Divorce) Act passed in Parliament, which nullified the ruling.

    In effect, the verdict did a balancing act between the Shah Bano judgment and the 1986 law.

    In Githa Hariharan vs RBI (1999), the top court adjudicated upon the constitutional validity of certain provisions of the Hindu Minority and Guardianship Act, 1956 and the Guardian Constitution and Wards Act, on a petition claiming they violated Articles 14 by treating the father as the natural guardian of a child under all circumstances.

    It ushered in the principle of equality in matters of guardianship for Hindus, making the child’s welfare the prime consideration.

    That’s some history! what is today’s scenario ?

    The BJP, kept the Uniform Civil Code in its 2014 election manifesto. The BJP and RSS have long demanded it, and cited the example of Goa, which has a common law called the Goa Civil Code.

    What the government tells the court next month will be a test of its political will , and mark the next chapter in the evolution of this debate.

    So, do we really want a Uniform Civil Code? Is there a way forward ?

    Yes, you say? Well, there seems only one way to see through this crazy fog.
    Every aspect of the personal laws must be examined in the light of constitutional guarantees to every Indian, equality, justice, right to life.

    Laws that fail to uphold these basics must be thrown away, Isn’t it ?

    Published with inputs from Arun

  • Euthanasia Mercy Killing

  • Jallikattu Debate

    • Jallikattu is a bull taming sport played in Tamil Nadu as a part of Pongal celebrations on Mattu Pongal day.

    • Jallikattu is derived from the words ‘calli’ (coins) and ‘kattu’ (tie), which means a bundle of coins is tied to the bull’s horns. In older times, the tamer sought to remove this bundle from the animal’s head to win gold or silver.

    • The southern parts of Tamil Nadu witness bull-taming the most, with Alanganallur near Madurai hosting the largest and most famous of these events.

    source
    • Background
    • Factors against the ban
    • Arguments favouring the ban
    • View of SC
    • What can government do?
    • International experience
    • Way ahead

    Factors against the ban

    • Jallikattu is an ancient sport which has continued since colonial times. So it is an ancient tradition which should be preserved and not banned.
    • In Jallikattu, the objective is to obtain the ‘Jallikattu’ a pouch which contains the reward coins called ‘Jalli’ tied to the horns of the bulls. While the players are not allowed to carry weapons of any kind or wear protective gears, the bulls on the other hand will not have nose rings or ropes.
    • Plus, they’re equipped with a pair of sharp horns which can gore a human within seconds. So it’s actually the bull which has the upper hand in this match.
    • Jallikattu is what’s keeping the native breed of cows from going extinct, according to some local people which is a huge problem for western cattle industry.

    Arguments favouring the ban

    • During Jallikattu, bulls are purposefully scared and petrified and then made to run across the crowd, destroying anything that would come in their way. Various cruel means are adopted to scare and anger the bull like pinching, nailing, stabbing with sticks that have nails at the edges, twisting their tails and even forcefully making them drink alcohol and other drugs. The ropes around their nose are painfully yanked and then they are dragged into the crowd of people who further anger the bull.
    • According to the documents by PETA, these bulls also break their bones in order to escape from the crowd continuously trying to toture them. Casualty and death of humans are also alarmingly high during this game.
    • What started as a simple act of bravado has become an act of cruelty towards animals.
    • The bulls are kept in the waiting area for hours, subjecting it to the scorching sun. The bulls used in the sport are also denied food and water.
    • Due to this sport, innumerable human lives, both of the participants and the audience, have also been lost, as the bulls try to flee from the pain.

    View of SC

    • Supreme court in 2014 banned the sport jallikattu as it violates provisions of Prevention of Cruelty to Animals Act (PCA) and militates the constitutional duty of treating animals with compassion, Article 51A (g).
    • It also reiterated the expansive reading it had given in the past, to Article 21 (Right to Life), which prohibits any disturbance to the environment, including animals, considered essential for human life.

    What can government do?

    The Government must find alternate methods to continue it without hurting the animal or people. Following are some of the alternatives:

    1. Follow the famous Spanish bullfighting example where measures taken to avoid lethal damage
    2. Put effective protection (barricades, speaker announcements, clear demarcation) so that people are not hurt
    3. Create awareness regarding apathy faced by animals. Sports personalities, film stars, eminent jurists can come forward

    International experience

    • The tradition of bullfighting in Spain is cited to legitimise the conduct of Jallikattu and present it as a viable tourist attraction.
    • It is significant that the Spanish state of Catalonia banned the sport in 2012 after a prolonged ‘culture versus rights’ debate.
    • In 2002, Germany took animal rights to a new level by giving animals constitutional protection.

    Way ahead

    • Those who want the sport to be legalised have called for an amendment to the PCA Act and measures to revoke the 2011 notification of the Ministry of Environment and Forests (MoEF) which barred the use of bulls as performing animals.
    • Trying to allow an event that legitimises cruelty to animals would be a direct insult to the carefully reasoned writ of the Supreme Court, a complete negation of the PCA Act and its objectives, and would take the country back by a few steps in the crucial area of Right to Life.

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