The Narendra Modi government issued the notification of the Citizenship Amendment Act (CAA) in the country. Lok Sabha elections are imminent, and just before this, the Center made this significant decision. Once implemented, the CAA will grant citizenship to Hindus, Sikhs (non-Muslims), and other persecuted religious minorities who came from Pakistan, Afghanistan, and Bangladesh without proper documentation.
The CAA was passed in both houses of Parliament in December 2019 and subsequently received the approval of the President. However, protests against it erupted in various parts of the country, delaying its implementation.
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The government issued the notification on the evening of March 11. With the implementation of CAA, there is anticipation regarding the changes it will bring.
What is the CAA?
The Citizenship Amendment Act (CAA) aims to provide protection to individuals seeking refuge in India due to religious persecution, offering them a safeguard against illegal migration. The CAA simplifies the rules of citizenship for immigrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religions from Afghanistan, Bangladesh, and Pakistan.
Previously, to acquire Indian citizenship, individuals had to reside in the country for at least 11 years. This duration has now been reduced to six years. In essence, the rules for granting citizenship to non-Muslim immigrants from India’s neighboring countries have been streamlined.
What will be the impact of the CAA implementation?
Upon the release of CAA rules, the Central Government will commence granting Indian citizenship to persecuted non-Muslim immigrants (including Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians) who arrived in India by December 31, 2014.
The government has stated that the entire process will be conducted online, with an online portal prepared for this purpose. Immigrants will be required to register on this portal, providing details of their entry into India. Subsequent investigations will be conducted, and eligible applicants will be granted citizenship.
Why is the opposition raising questions on the CAA?
Major opposition parties have voiced concerns regarding the discriminatory nature of the CAA. When introduced in Parliament in 2019, critics argued that the law unfairly targets Muslims, who constitute around 15 percent of the country’s population. However, the government contends that since Pakistan, Afghanistan, and Bangladesh are Muslim-majority Islamic republics, Muslims from these nations cannot be considered persecuted minorities. Nonetheless, the government assures that applications from other communities will be evaluated on a case-by-case basis.
How can immigrants apply for citizenship?
The Union Home Ministry has clarified that the entire citizenship process under the CAA will be conducted online. An online portal has been developed for the convenience of applicants, where they will need to provide details of their entry into India without complete documents. However, during this period, no documents will be requested from applicants.
Also Read: Register for Indian Citizenship: CAA Online Portal for Hassle-free Registration Process
Who are considered illegal immigrants?
Under the Citizenship Act of 1955, individuals who enter India without valid travel documents such as passports and visas are deemed illegal immigrants. Alternatively, individuals may have arrived with valid documents but overstayed beyond the permitted period.
What is the current provision for illegal immigrants?
According to existing laws, illegal immigrants may face detention or deportation under the Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920. However, through amendments, the Central Government has exempted Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan from these provisions. This exemption applies to individuals from these religious groups who arrived in India on or before December 31, 2014.
Questions on the timing of the CAA notification
The CAA was passed by Parliament nearly four years ago. As per the guidelines outlined in the Manual of Parliamentary Procedure, rules for any law must be framed within six months of the President’s assent, or an extension should be sought from the subordinate legislative committees of both Houses of Parliament.
Since 2020, the Home Ministry has been seeking extensions from parliamentary committees regularly. However, in December 2023, Union Home Minister Amit Shah emphasized that no one can hinder the implementation of the CAA as it is the law of the country, reiterating the BJP’s commitment to its implementation. Nonetheless, the opposition is now questioning the timing of the CAA notification as Lok Sabha elections are on the horizon, followed by the enforcement of the model code of conduct.
How many people can seek citizenship under the new rules?
According to the Home Ministry’s annual report for 2021-22, a total of 1,414 foreigners from non-Muslim minority communities from Pakistan, Bangladesh, and Afghanistan were granted Indian citizenship from April 1, 2021, to December 31, 2021, under the Citizenship Act, 1955. These individuals were granted citizenship through registration.
The states where people were given citizenship include Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi, and Maharashtra. However, it’s important to note that Assam and West Bengal are two states where the issue of citizenship is particularly sensitive politically, and the government has not yet delegated the power to grant citizenship in any districts within these states.
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