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LATEST NEWS UPDATES | Parley | What are the amendments that the CAA needs? -Jayant Sriram

Parley | What are the amendments that the CAA needs? -Jayant Sriram

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published Published on Dec 28, 2019   modified Modified on Dec 28, 2019
-The Hindu

India should ensure a clear, non-discriminatory and inclusive refugee policy

Providing protection, and a home, to refugees facing persecution of any kind is a welcome idea but the Citizenship (Amendment) Act (CAA) has faced more questions about the people it excludes than those it takes in its ambit. Jayant Sriram speaks to Gautam Bhatia (columnist and Constitutional lawyer) and Priya Pillai (international lawyer and head of the Asia Justice Coalition secretariat) on what would the contours of a more humane law be. Edited excerpts:

* When it comes to the Citizenship (Amendment) Act (CAA), what according to you would be a more humane way to address the question of the status of refugees from India’s neighbouring countries? I think we all agree that there are parts of it that are good, but how do we broaden this?

Gautam Bhatia (GB): I think the inclusive aspect of the Act is obviously good. It’s the exclusionary part of it that creates a problem. So, look at the legal regime that existed before the CAA. There was a 2011 Standard Operating Procedure (SOP) issued by the Home Ministry, which is not yet in the public domain. And, according to that, anyone who could establish persecution of any form — not just religious, but also social persecution, caste-based and so on, would be entitled to a long-term visa in India. And, this would be examined on a case-to-case basis. So, that SOP actually provides you the base for what could be a decent legal regime. Of course, that also had a lot of discretion given to the Home Ministry. But something along those lines is what I think would be a good idea.

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The Hindu, 27 December, 2019, https://www.thehindu.com/opinion/op-ed/what-are-the-amendments-that-the-caa-needs/article30405445.ece?fbclid=IwAR2pHN0ZWVsL3744wyZy7M6haAVDC_5fmNR6vqAuwabgEx3nTto497LzltY


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