Académique Documents
Professionnel Documents
Culture Documents
“RESEARCH PAPER”
19RU12003
ASAD RAZA
19RU11003
SESSION:-2019-2024
SEMESTER:-II
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ACKNOWLEDGEMENT
I take this opportunity to express our humble gratitude and personal regards to MISS ANCHAL
BHUTANI for inspiring me and guiding me during the course of this project work and also for
her cooperation and guidance from time to time during the course of this project work on the
topic “CAA; DIFFERENT PERSPECTIVE AROUND THE NATION”
RAMANDEEP SINGH
ASAD RAZA
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TABLE OF CONTENTS
METHOD OF WRITING....................................................................................................... 4
ABSTRACT: ........................................................................................................................... 5
INTRODUCTION ..................................................................................................................... 7
REASONS FOR THE PROPOSAL OF THE CITIZENSHIP AMENDMENT BILL, 2016 .................. 13
CONCLUSION ...................................................................................................................... 20
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RESEARCH METHODOLOGY
RESEARCH PLAN
The researchers have followed Doctrinal method
METHOD OF WRITING
The researcher has used both a descriptive and analytical method of writing in order to
understand the issues better. The researcher has also relied on case law, to get an in depth
understanding of the subject. The method of writing followed in the course of this research
project is primarily analytical.
SOURCES OF DATA
The researcher has used secondary sources in order to obtain sufficient data for this project,
namely,
Online Research Portals
Articles
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ABSTRACT:
In this research paper, we will discuss what the issue of C.A.A.: Different Perspective around
the Nation is all about? What is the background of C.A.A.: Different Perspective around the
Nation, with various ideologies? After the independence, India faced the problem of migration
of people from 1947 to 1952 and felt that it would be the reason for biggest conflict in the
future. Soothe need for citizenship rights were felt, and as the result of which our Indian leaders
decided to give Indian citizenship rights to the Indian population according to the laws and the
Constitution. So, they brought the “citizenship amendment bill, 1955” where all migrate people
will be identified as either citizens or immigrant. But this provision did not succeed fully. So,
amendments were made by the times. The last amendment was made on 9-11 Dec 2019, where
six religious communities were allowed as to be eligible for gaining the Indian citizenship who
had come to India before 31dec 2014, like Sikhs, Buddhists, Jains, Parsis, and Christians from
the countries of Pakistan, Bangladesh, and Afghanistan. And those who came to India after
2014, will have to follow the common way for getting citizenship as Indian. After this “CAB”
(Citizenship Amendment Bill), many protests came into the picture as against the present
government and had stated that this bill is unconstitutional, against the law and discriminative
in nature. Where human rights are being tried to infringed by the government described in
articles 14 and 15 and it is also against the basic structure of the Indian Constitution (conflicting
with secularism), therefore, it must not be applied. So, we can see two groups here, one group
who is in favour and other who is against the bill. Two different ideologies are giving their
points of view. Concluding; there are 2 different POVs, which will be discussed and debated
about. Another, interesting and conflicting ideology of a 3rd group can also be seen in the form
of neutrality, which will be mentioned in this paper as well.
The main of this project is to study and analyze the impact and effects of the proposed
citizenship (Amendment) Bill,2016. The project aims at doing so by discussing the causes of
the proposal of the bill, the repercussions it will have. The project also deals with the loopholes
in the proposed legislation and advantages which it promises to give. The project is concluded
by providing a final opinion of the author as to the overall pros and cons of the Bill.
The author aims at achieving the above objectives by following a comprehensive study of the
meaning of Citizenship, how it is recognized in different countries, what are its essentials.
Along with this a detailed study of the proposed legislation has also been made, how it will
affect the existing provisions as to Citizenship, what are the root causes behind the introduction
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of the Bill, what are the reasons of opposing the bill and where the lacunas lie in the
Amendment Bill are.
Finally, a Conclusion has been drawn by the author to sum up the overall impact of the
Citizenship Amendment Bill, 2016 on the society and whether it should be made an Act or not
and if yes then what are the changes that need to be made to it, if any are required.
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INTRODUCTION
Citizenship is one of the most essential components of a person’s identity. It is a necessary for
the person to exercise his rights and liberties to the fullest. In a globalized and fast paced society
citizenship is what gives recognition to a person. It is essential for the identity of a person. A
person without citizenship is recognized as a stateless person thus he does not have an identity
of his own. He is not the citizen of any country and is thus considered an alien in every country.
With regard to the Indian context the Indian Constitution guarantees right to life and liberty
under article 21. Citizenship forms a part of this right. Also the Constitution bestows certain
rights only on its citizens. This includes even certain Fundamental Rights like:
MEANING OF CITIZENSHIP
Citizenship is a status granted to a person recognizing the nation to which he belongs. It can
simply be defined as the status of being a citizen1. According to the Cambridge Dictionary
citizenship is state of being a member of a particular country and having rights because of it. It
has also been defined as
Citizenship is status bestowed upon a person who has been recognized as a legal member of a
sovereign state or belonging to a nation under law or custom.
An individual may have more than one citizenships. An individual who does not have
citizenship of any of the states is classified as being stateless. Every nation has its own policies,
regulations and criteria’s with regard to citizenship. An individual can be recognized or granted
1
Merriam Webster Dictionary
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citizenship on the basis of number of criteria. Generally, citizenship on the basis of circumstances of
birth is automatic, but in other cases an application may be required.
Citizenship by birth (jus sanguinis). If one or both of an individual's parents are citizens
of a particular country at the time of birth, then the individual may have an inherent
right to be a citizen of that country as well. Previously this might only have applied
through the paternal line, but sex equality became common since the late twentieth
century. Citizenship is granted based on ancestry or ethnicity and is related to the
concept of a nation state common in Europe. Where jus sanguinis holds, a person born
outside a country, one or both of whose parents are citizens of the country, is also a
citizen. States normally limit the right to citizenship by descent to a certain number of
generations born outside the state, although some do not. This form of citizenship is
common in civil law countries.
Born within a country (jus soli). Some people are automatically citizens of the state in
which they are born. This form of citizenship originated in England where those who
were born within the realm were subjects of the monarch (a concept pre-dating
citizenship) and is common in common law countries.
o In many cases, both jus soli and jus sanguinis hold citizenship either by place
or parentage (or both).
Naturalization. States normally grant citizenship to people who have entered the
country legally and been granted permit to stay, or been granted political asylum, and
also lived there for a specified period. In some countries, naturalization is subject to
conditions which may include passing a test demonstrating reasonable knowledge of
the language or way of life of the host country, good conduct (no serious criminal
record) and moral character (such as drunkenness, or gambling), vowing allegiance to
their new state or its ruler and renouncing their prior citizenship. Some states allow dual
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citizenship and do not require naturalized citizens to formally renounce any other
citizenship.
Excluded categories. In the past there have been exclusions on entitlement to citizenship
on grounds such as skin color, ethnicity, sex, and free status (not being a slave). Most
of these exclusions no longer apply in most places. Modern examples include
some Arab countries which rarely grant citizenship to non-Muslims, e.g. Qatar is
known for granting citizenship to foreign athletes, but they all have to profess
the Islamic faith in order to receive citizenship. The United States grants citizenship to
those born as a result of reproductive technologies, and internationally adopted children
born after February 27, 1983. Some exclusions still persist for internationally adopted
children born before February 27, 1983 even though their parents meet citizenship
criteria.
Modern citizenship is much more passive; action is delegated to others; citizenship is often a
constraint on acting, not an impetus to act. Nevertheless, citizens are usually aware of their
obligations to authorities, and are aware that these bonds often limit what they can do
Citizenship status, under social contract theory, carries with it both rights and duties. In this
sense, citizenship was described as "a bundle of rights -- primarily, political participation in the
life of the community, the right to vote, and the right to receive certain protection from the
community, as well as obligations." Citizenship is seen by most scholars as culture-specific, in
the sense that the meaning of the term varies considerably from culture to culture, and over
time. In China, for example, there is a cultural politics of citizenship which could be called
"people-ship".
Modern citizenship has often been looked at as two competing underlying ideas:
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sovereign, morally autonomous beings with duties to pay taxes, obey the law, engage
in business transactions, and defend the nation if it comes under attack, but are
essentially passive politically, and their primary focus is on economic betterment. This
idea began to appear around the seventeenth and eighteenth centuries, and became
stronger over time, according to one view. According to this formulation, the state
exists for the benefit of citizens and has an obligation to respect and protect the rights
of citizens, including civil rights and political rights. It was later that so-called social
rights became part of the obligation for the state.
CITIZENSHIP IN INDIA
In India citizenship is conferred upon an individual under part 2 of the Constitution. Articles 5
to 11 of that part govern the rights with regard to citizenship.
Article 5 of the Constitution deals with Citizenship at the commencement of the Constitution.
It states that: Every person who has a domicile in India and,
Shall be a citizen. 2 Thus the Constitution recognizes jus sanguinis which means citizenship
acquired by the right of blood.
2
Article 5, Constitution of India
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With regard to Citizenship several legislations have been passed even before India got its
independence. This was done by passing of the Government of India Act in 1858 which
classified citizens as British subjects and British protected person. Then in 1949 came the
British Nationality Act which recognized the concept of ‘British subjects with Indian
citizenship’ with respect to Indians in Indian provinces. In 1955 then finally came the
Citizenship Act of India which granted citizenship irrespective of the fact whether a person
was born in any of the former princely states or not.
Several amendments have been made to the Citizenship Act of India. Amendments have been
made through the Citizenship Amendment Acts of 1986, 1992, 2003, 2005 and 2015.
The Citizenship Act of India recognizes the following methods to acquire citizenship. They are
as follows:
3
Section 5, Citizenship Act of India, 1955
4
Section 6, Citizenship Act of India, 1955, Section 7, Citizenship of India Act, 1955.
5
Section 3, Citizenship Act of India,1955.
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3. Citizenship through registration- A person may apply for citizenship under Citizenship of
India Act if he or she falls under any of the below listed categories:
a person of Indian origin who is ordinarily resident in India for seven years before
making application under Section 5(1)(a) (throughout the period of twelve months
immediately before making application and for six years in the aggregate in the eight
years preceding the 12 months).
a person of Indian origin who is ordinarily resident in any country or place outside
undivided India;
a person who is married to a citizen of India and is ordinarily resident in India for seven
years before making an application for registration;
a person of full age and capacity whose parents are registered as citizens of India.
a person of full age and capacity who, or either of his parents, was earlier citizen of
independent India, and has been residing in India for one year immediately before
making an application for registration;
a person of full age and capacity who has been registered as an overseas citizen of India
for five years, and who has been residing in India for one year before making an
application for registration. 6
4. Citizenship through descent- People born outside India during the time frame of 26 th
January, 1950 to 10th December, 1992 having descended from a father who at the time of
their birth was a citizen of India shall be citizens of India. Those who are born after this
time are considered citizens of India if either of their parent at the time of birth was an
Indian citizen. 7
5. Citizenship by naturalization- A foreigner can acquire citizenship of India by residing for
12 years in the country.8 Along with this the prerequisites listed under section 6(1) of the
Citizenship of India Act, 1955 also must be met.
6
Section 5, Citizenship Act of India,1955.
7
Section 4, Citizenship of India Act,1955.
8
Section 6, Citizenship of India Act,1955.
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The citizenship Amendment bill of 2016 was introduced in the Lok Sabha on 15 th July,2016.
It aims to bring about certain changes in the Citizenship of India Act of 1955. The bill in August
of 2016 was referred to a joint select Committee to further discuss the bill. The amendment bill
aims at allowing people from 6 religions and 3 countries to become eligible for applying for
citizenship of India.
Illegal Migrants- The Citizenship of India Act doesn’t grant citizenship to illegal migrants.
Illegal migrants have been described under the Act as follows:
A foreigner who has entered into India― (i) without a valid passport or other travel documents
and such other document or authority as may be prescribed by or under any law in that behalf;
or (ii) with a valid passport or other travel documents and such other document or authority as
may be prescribed by or under any law in that behalf but remains therein beyond the permitted
period of time. 9
The bill plays an essential part of the vote bank politics of India. The bill was for the first time
brought to the limelight during the 2014 Lok Sabha General elections. The bill found space in
the manifesto the Bharatiya Janata Party. The party promised in its manifesto that if it came to
power it shall grant citizenship to all the Hindus who have been wronged in the neighboring
countries of India. After the Bharatiya Janata Party came to power it made efforts to woo the
public by creating a wave of nationalism and love for Hindu loyalty. It did so by playing several
religious and regional cards. One of such card it played was the introduction of the Citizenship
of India(Amendment) Bill in 2016 in the Lok Sabha.
With regard to the passing of the Bill several political motives have come into play. The
purpose of the ruling party as far as could be reasonably understood seems that it aims at
appealing to the Hindu/Nationalist sentiment under the garb of protection of those who have
been suffering through persecution and other evils in our neighboring countries.
9
Section 2(b), Citizenship of India Act,1955.
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The proposed amendment effects several provisions of the existing Legislation. They are as
follows:
The Citizenship of India Act,1955 prohibits illegal migrants as defined under Section 2(b) to
acquire citizenship but the proposed bill provides at exempting certain people belonging to
certain religious groups and certain countries to be classified as illegal migrants. This includes
people belonging to the following faiths: Hindus, Sikhs, Parsis, Jains, Buddhists and Christians
belonging to any of the following countries: Afghanistan, Bangladesh and Pakistan.
The Citizenship of India Act, 2016 also provides for acquiring of citizenship of India through
the process of naturalization. The act provides to be residing for a period of 12 years for a
foreigner to acquire citizenship in India through Naturalization. 10 The same according to the
proposed amendment has been reduced to 6 years for people belonging to the faiths of Sikhism,
Hinduism, Jainsim, Buddhism and Christianity from any of the three countries, namely,
Afghanistan, Pakistan and Bangladesh.
The Bill is being opposed by several organizations and individuals on several grounds.
10
Section 6, Citizenship of India Act, 1955
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The amended bill provides for exemption of people of six religions that is Sikhism, Hinduism,
Jainism, Buddhism, Parsis and Christianity from being classified as has been provided under
Section 2(b) of the Citizenship of India Act.
The bill also makes the same discrimination in the case of reducing time to be spent in India to
acquire citizenship of India through naturalization.
The Bill thus includes only a few given faiths prevalent in the country to avail the privileges
provided by the Amendment Bill. This is a clear case of religious discrimination. A point to be
noted here is that a major religious group that is the Muslims have been left out by the
legislators. Muslims outside India form a great part of the number of people who strive to
acquire Citizenship in India but still their interests have been totally ignored.
In a country so religiously pluralistic it is not advisable for the government to make such
legislations. In order to please the majority of the section of the society on the basis of religion
it will end up violating the Basic Fundamental Right of certain minorities.
The Constitution instead provides the following as one of the Directive Principle of State
Policy:
“The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall inform
all the institutions of the national life.”11
Thus there is a clear violation of the provisions of the Constitution. The bill aims to function
in a manner which is totally opposite to what has been laid down in the Constitution.
The bill doesn’t stop here with all the discrimination. It extends this discrimination on a twofold
basis, one on the basis of religion, the other on the basis of region. The bill provides that the
privileges which it aims to put in the Citizenship of India Act, 1955 shall be provided to only
those people belonging to the six religions mentioned earlier. In addition to this the Act
provides that people of these six religions must be from only 3 countries, that is Pakistan,
11
Article 38, Constitution of India.
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Afghanistan and Bangladesh only then will they be able to enjoy the privileges which have
been proposed.
The Bill thus carries out two-way discrimination on the part of the Government. People from
other countries applying for Citizenship in India have been unjustly discriminated against.
Such blatant discrimination cannot be a simple error on the part of the legislation. It is presumed
that whatever becomes an Act and whatever provision is laid down in the Statutes passed by
the Parliament is a reflection of the intention of Legislation. Keeping this in mind if we analyze
the proposals of the legislation in this bill puts serious doubts about the intentions of the
Legislature.
The Amendment Bill thus violates Article 14 of the Constitution. Article 14 of the Constitution
reads as follows:
“The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India.”12
Article 14 forms part of basic structure of the Constitution. It is a Fundamental Right which is
not limited to only citizens. The aim of the provision is to eliminate discrimination and provide
a conducive environment for the development of the society. 13 Article 14 although permits that
reasonable classification may be made in order to uplift backward sections of the society. It
provides equality among equals. But such classification must not be arbitrary, vague or
unreasonable in nature.
In the case of Citizenship Amendment Bill, 2016 a classification has been made on the basis
of religion as well as place of birth. Both these forms are violative of Article 14 of the
Constitution, neither is this classification is justified by a reasonable cause. Also the statement
of objects and reasons of the Bill doesn’t explain anything about the rationale behind
differentiation between illegal migrants on the basis of religion and country
12
Article 14, Constitution of India
13
Indira Sawhney and Others v UOI, AIR 1993 SC 477.
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“Nothing in this Article or in clause (2) of Article 29 shall prevent the State from making any
special provision for the advancement of any socially and educationally backward classes of
citizens or for the scheduled castes and the scheduled tribes.”14
“Subject to public order, morality and health, every religious denomination or any section
thereof shall have the right
Thus the Constitution provides in abundance for the protection of minorities. But the current
proposed legislation has renounced the principle of natural justice and arbitrary clauses in order
to please a certain section of society at the cost of a particular religious’ minority.
The bill has been strongly opposed by several sections of the society on the above mentioned
grounds. It has been severely criticized in the state of Assam. This is because of several reasons.
These reasons are as follows:
National Register of Citizens- NRC is a register consisting of names of people who are genuine
citizens of India and are residing in Assam. It is a roster of all those people who have settled in
the state of Assam until 24th March of 1971
After a few years a sudden surge of Muslim population was observed which was due to illegal
migrants from Bangladesh. This led to state wide protests. It led to the creation of the Assam
Accord.
For several years after the progress of the NRC was put on hold, finally the apex court took up
the issue and directed authorities to update the National Register of Citizens. The update to the
NRC began in 2013 under the monitoring of the Supreme Court. The complete draft of the
14
Article 15(4), Constitution of India
15
Article 26, Constitution of India
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NRC was released in the year 2018 and was received with great backlash by the people of
Assam as it excluded the names of several lakh people from the list of genuine citizens of India.
Violation of the Assam Accord- Between the representatives of the Government of India
headed by Rajiv Gandhi and the leaders of the Assam movement of the 1980’s signed a
Memorandum of Settlement on the Independence day of the year 1985 in New Delhi and the
Assam Accord came into existence.
The Assam Accord was brought about as a result of a six-year long struggle led by the All
Assam Students’ Union starting in 1979 demanding identification and deportation of illegal
migrants after a sudden surge in the number of Muslims in electoral rolls was identified as a
result of illegal migration.
The Assam Accord with it brought about an end to the Assam agitation against illegal migrants
and paved way for new political leaders to rise and create their own political party which
eventually lead to formation of Government in the state soon after.
The Assam Accord provides that the people who have made the state home after the date of
24th March, 1971 set by the NRC shall be stripped of their citizenship rights.
The Assam Accord was created keeping the following aims at the fore:
The result of the Citizenship Amendment Bill will be that it will defeat the purpose of the NRC.
The Assam Accord states that illegal migrants from Bangladesh be removed from the State but
the Amendment Bill provides at doing just the opposite thing. The Amendment Bill provides
legitimacy to the Illegal migrants from Bangladesh. A huge surge in the number of Hindu
migrants is expected to take place in Assam if the Bill is passed thus being in direct
contravention to the Assam Accord in general and Clause 6 in particular.
With the great influx of illegal migrants from Bangladesh into Assam it gives legality to
citizenship of people coming from Bangladesh into India who were earlier considered illegal
migrants. Giving legality on the basis of religion and country itself seems like an absurd
criterion to grant citizenship. This should be a concern of not only Assam but also the whole
16
Clause 6, Assam Accords
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nation. Although it might benefit certain illegal migrants who were being persecuted in their
home countries and allow them to enter India. This will mostly be to people entering from the
western borders of the nation. But the bone of contention here is the grounds which have been
laid down by the Government to classify someone as an illegal migrant. Why has it been made
on the basis of religion and why have Muslims who form a great chunk of illegal migrants in
the country have been intentionally left out of the list of beneficiary religions. More so the
move of the Government becomes even more suspicious when its highlighted that the NRC
excluded almost 40 lakh people from its final draft. In addition to this statements by senior
leaders of the ruling party like Kailash Vijayvargiya saying that “We have categorized illegal
migrants. One is the persecuted Hindus. The other group is of Bangladeshi Muslims who
infiltrated to get financial benefits from the country. So, the Hindus and other non-Muslim
migrants do not need to worry. Even if they fail to submit the required documents, the
government will protect them.”
“Moreover, they will be awarded citizenship after we bring the citizenship amendment bill in
Parliament,” he said. “But, Bangladeshi Muslims sneaked in to earn money. They are not
persecuted. So why should they be part of our electorate?”
This statement here reveals the powers at play to bring in the Citizenship Amendment
Bill,2016. The Government aims to achieve way more here than just mere granting of
citizenship to people being persecuted in neighboring countries.
Assam is a state which has about 20 lakh illegal Hindu migrants. If the bill is given assent
almost 1.70 crore Bangladeshi Hindus will migrate to the state. If these people are given
legitimate and legal citizenship it will change the demography of Assam all together. This shall
violate Clause 6 of The Assam Accord which aims at protecting the social fabric of the state
by maintaining its religious, cultural and linguistic identity.
The people opposing the bill stress that Assam cannot accommodate any more migrants. Also
they feel that it is against the Assam Accord which provided for exclusion of illegal migrants
into Assam irrespective of which religious belief they belonged to.
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CONCLUSION
With regard to the Citizenship Amendment Bill, 2016 many factors have been playing their
part. If what is being done here and what are the real aims and objectives of the Government
to even propose such a legislation one has to read be between the lines. The Government which
is inspired by the RSS’s ideology of a Hindu Rashtra or a Hindu nation has brought about this
legislation.
This piece of legislation very cleverly shuns out the Muslims of the country and puts them in
a nonexistent state as if there are no rights available to them. On the other hand, it has given an
alarmingly liberal and lenient treatment to people coming from Hindu religious background.
In order to cover up such blatant exclusion of Muslims from the basic sphere of rights it has
also included other religious groups in the legislation like the Buddhists, Jains, Christians,
Sikhs etc.
The Bill is a striking violation of Article 14 of the Constitution which is considered as being a
part of the basic structure of the Constitution. Departing from the basic structure of the
Constitution is something which should not be taken lightly by any Indian. In order to
understand the root cause one has to read between the lines and understand what powers are
play. The rights of one particular class of people shall not be granted or denied on the basis of
their religious background.
At the very onset of our Constitution in the Preamble India is listed as Secular state. It means
that the state shall not promote or harass any particular religion, but here the policies of the
present Government have come at loggerheads with the Preamble itself.
Also the Government has diverged from the path laid down Chapter IV of the Constitution
which states that the State must function in a manner to empower and uplift its citizens of the
nation.
Therefore, due to the following reasons the author believes that the Bill should not be passed
by the parliament in order to maintain social order and tranquility in the nation.
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