Skip to main content

India Citizenship Amendment Act 2019

Protection of minors

1. There have been several instances of police clashing with and detaining protesters in the Anti-CAA protests.

2. In several cases, those detained were minors under 18 years.

Detention of minors

1. Juvenile Justice (Care and Protection of Children) Act, 2015 has specific procedures and rules in relation to children found to be in conflict with the law.

2. As soon as a child alleged to be in conflict with law is apprehended by the police, the child is to be placed under the charge of the special juvenile police unit or the designated child welfare police officer.

3. That officer should produce the child before the Juvenile Justice Board within a period of 24 hours excluding the time necessary for the journey from the place where the child was picked up.

4. In no case should a child alleged to be in conflict with the law be placed in a police lock-up or lodged in a jail.

NCPCR

1. National Commission for Protection of Child Rights (NCPCR) is a statutory body set up in 2007 under the Commission for Protection of Child Rights Act, 2005.

2. The objective of the commission is to protect, promote and defend child rights in India including the rights adopted in the United Nations Convention on the Rights of the Child, 1989 — with an accession by India in 1992.

3. The same convention defines a child as being a human being under 18.

4. The commission works under the aegis of the Ministry of Women and Child Development.

5. State Commissions for the protection of child’s rights are also to be established under its supervision.

Powers of the NCPCR

1. The powers given to the commission are extremely broad.

2. It examines and reviews the safeguards provided under any law for the protection of child rights and recommends measures to the government.

3. It can present a report annually, or as it deems fit, for implementation of these measures.

4. The commission can also inquire into the violation of child rights and recommend initiation of proceedings in such cases.

5. While inquiring into such matters, the NCPCR has the powers of a civil court.

6. It also has other powers in terms of commissioning research and framing policy for child protection and safety.

Anti-CAA protests

1. NCPCR issued an advisory to the Directors General of Police of all States regarding the use of children in unlawful activities like stone-pelting during the anti-CAA protests.

2. Certain groups of protesters were involving children in unlawful activities such as stone-pelting and other violent acts during the protests.

3. Such use of children violates the rights of children under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Guidelines of the NCPCR

1. Police and military authorities should avoid blanket characterization of adolescent boys as security threats.

2.  The authorities should take any arbitrary detention, mistreatment, or torture of children extremely seriously, investigate any reports of grave violations immediately, and take action against personnel involved.

Legality of CAA

Against CAA

1. CAA violates the right to equality before the law enshrined in Article 14 of the Indian Constitution.

2. It marginalizes Muslims as a minority community and uses religious identity as the basis for granting citizenship, which erodes the spirit of the Constitution.

3. Making of Muslim immigrants a second class priority, CAA subverts and destroys fundamental constitutional principles of secularism, fraternity, and humanity.

4. There is no legislative basis for singling out persecution of religious minorities as the basis for granting Indian citizenship.

5. There is no logic in restricting “fast track” naturalization to persons from three countries alone.

6. Persecution of any kind ought to be the sole criterion for granting citizenship to immigrants.

7. Restricting the definition of persecution erodes the premise on the basis of which the republic of India was constructed.

Pro CAA

1. CAA is intended merely to offer amnesty and a speedy route for legitimate migration.

2. CAA doesn’t go against Article 14 of the Constitution as there are enough provisions in the unamended Citizenship Act to provide citizenship to persecuted minorities.

3. Under Article 246 of the Constitution, the Parliament has got the exclusive power to make laws with respect to any matters listed under Union list in the 7th Schedule.

4. Item 17 of the list deals with citizenship and naturalization of aliens, where only Parliament has got sovereign powers to legislate on Citizenship.

5. Article 14 states equality before law and equal protection before law, with provision for reasonable classification of groups to be valid.

6. The persecuted, victimized group based on faith of six communities from the three countries Pakistan, Afghanistan and Bangladesh, which are declared Islamic countries, form that reasonable classification.

Role of judiciary

Indian courts as a final arbiter have failed when faced with a powerful executive as in the 1975 Emergency.

SC in 2005

1. Supreme Court in a 2005 judgment has held that questions about a person’s place and date of birth, his parents’ names and their place of birth are meant to ascertain citizenship.

2. These personal questions are directly associated with “establishing citizenship”.

3. In order to establish one's citizenship, evidence of (i) his date of birth (ii) place of birth (iii) name of his parents (iv) their place of birth and citizenship are required.

4. These facts would necessarily be within the personal knowledge of the person concerned and not of the authorities of the State.

5. In case of doubts about a person’s citizenship, the burden of proving that these facts were true was on the person concerned.

Population Register

1. The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules of 2003 clearly linked the NPR and the NRC.

3. It states that personal details collected for the 'Population Register' would be used in the preparation of the National Register of Indian Citizens.

4. It defines 'Population Register' as a “register containing details of persons usually residing in a village or rural area or town or ward or demarcated area within a ward in a town or urban area”.

Comments

Popular Post

Brief Introduction of Data Science !

  What is Data Science? Data science is a deep study of the massive amount of data, which involves extracting meaningful insights from raw, structured, and unstructured data that is processed using the scientific method, different technologies, and algorithms. It is a multidisciplinary field that uses tools and techniques to manipulate the data so that you can find something new and meaningful. Data science uses the most powerful hardware, programming systems, and most efficient algorithms to solve the data related problems. It is the future of artificial intelligence. In short, we can say that data science is all about: Asking the correct questions and analyzing the raw data. Modeling the data using various complex and efficient algorithms. Visualizing the data to get a better perspective. Understanding the data to make better decisions and finding the final result. Example: Let suppose we want to travel from station A to station B by car. Now, we need to take some decisions such ...

Current affairs

Narendra Ambwani elected as chairman of the Advertising Standards Council of India (ASC Published on: 13-SEP-2014 Important for Exam:  6 people agreed Narendra Ambwani on 12 September 2014 elected as Chairman of the Advertising Standards Council of India (ASCI). SBI celebrated 150 years of its operations in Sri Lanka Published on: 13-SEP-2014 Important for Exam:  6 people agreed State Bank of India (SBI) on 13 September 2014 celebrated 150 years of its operations in Sri Lanka. West Bengal cabinet cleared farmer-friendly project Sech-Bandhu Prakalpa to boost irrigation Published on: 13-SEP-2014 Important for Exam:  8 people agreed The West Bengal cabinet on 12 September 2014 cleared a farmer-friendly project named  Sech-Bandhu Prakalpa  to boost irrigation. Delhi Government to charge cess of one rupee on cigarette and liquor to promote public tra Published on: 13-SEP-2014 Important for Exam:  5 people agreed ...

📍 DIFFERENCE BETWEEN FDI and FPI

  DIFFERENCE BETWEEN FDI and FPI #Stockmarket 💡 FDI is involved in setting up firms to produce goods and services. That is why it is called 'direct' institution. FPI on the other hand buys financial assets for profits. In order to remove the ambiguity that prevails on what is Foreign Direct Investment (FDI) and what is Foreign Institutional Investment (FII), it was decided to follow the international practice and lay down a broad principle that, where an investor has a stake of 10 percent or less in a company, it will be treated as FII and, where an investor has a stake of more than 10 percent, it will be treated as FDI. 💡 Since the source of funds is not revealed, the PNs are potentially unsafe. Therefore, SEBI imposed certain conditions like limits on the PNs that a single FII can issue, etc. SEBI wants the PN holders to register with SEBI and invest directly as India is a long-term growth story. SEBI policy paid off with the number of FIIs registering with the regulator go...

How to Solve Profit & Loss Questions? Tips & Tricks(SSC CGL)

  How to Solve Profit & Loss        Questions? Tips & Tricks Important Concepts Cost Price  The price at which an article is purchased, is called its cost price. It is abbreviated as  C.P . Selling Price The price, at which an article is sold, is called its selling prices, abbreviated as  S.P. Profit/gain  = SP – CP Profit  % = Profit/(C P)×100 S P  = (100+gain % )/100  ×C P C P  = 100/(100+gain %)×S P Loss If the overall Cost Price exceeds the selling price of the buyer then he is said to have incurred loss . Loss  = C P – S P Loss  % = LOSS/(C P)×100 S P  = (100-loss %)/100×C P C P  = 100/(100-loss %)×S P Profit and Loss Based on Cost Price To find the percent gain or loss, divide the amount gained or lost by the cost.  Example 1 : A toy that cost 80 rupees is sold at a profit of 20 rupees . Find the percent or rate of profit. Answer : Gain / cost...

Follow the Page for Daily Updates!