Citizenship Amendment Act rules  (CAA)  💮🌼💮🌸💮 ❇️ 🌟

 The Citizenship Amendment Act (CAA) is a piece of legislation passed by the Indian government in December 2019. It amends the Citizenship Act of 1955 to provide a fast track to Indian citizenship for illegal migrants from six religious minority communities – Hindu, Sikh, Buddhist, Jain, Parsi, and Christian – from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014, without valid documents. However, the exclusion of Muslims and the focus on religion in determining citizenship eligibility has sparked widespread protests and debates about its constitutionality and its impact on India's secular principles.

The government announced the implementation of the Citizenship Amendment Act rules, four years after the bill was passed in Parliament.

 

✨ Rules:

1. Eligibility: Applicants must belong to persecuted minority communities from Afghanistan, Pakistan, and Bangladesh and have entered India before December 31, 2014.
2. Application Process: Apply through the online portal provided by the Ministry of Home Affairs, providing the necessary documents and information.
3. Documentation: Submit required documents such as proof of identity, residence, and eligibility for the specified minority communities.
4. Oath of Allegiance: All cleared applicants must take an oath affirming allegiance to the Indian Constitution.
5. Empowered Committee Review: Applications will be reviewed by an empowered committee to determine eligibility.
6. Digital Certificate: Successful applicants will receive a digital certificate of citizenship or naturalization.
7. Physical Certificate: Applicants can request a physical certificate, which must be collected from the office of the Empowered Committee.

 

⭐ What is CAA? 

The Citizenship Amendment Act (CAA)

 offers citizenship based on religion to six non-Muslim communities

▶️ Hindus

 ▶️ SikhsB 

▶️ Buddhists 

▶️ Jains

▶️ Parsis 

 ▶️ Christians

 from Pakistan, Afghanistan, and Bangladesh who entered India on or before December 31, 2014. 

It exempts these communities from criminal cases under the Foreigners Act, 1946, and the Passport Act, 1920, which penalize illegal entry and overstaying on expired visas and permits.

 

  ⭐ Background of the Act:

Citizenship in India is governed by the Citizenship Act, 1955, offering 

acquisition through birth, descent, registration, naturalization, or incorporation of territory. Illegal migrants, entering without valid documents or overstaying, cannot become citizens and may face jail or deportation under the Foreigners Act, 1946, and Passport Act, 1920.

In 2015-2016, specific groups of illegal migrants (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from Afghanistan, Bangladesh, and Pakistan) arriving before December 31, 2014, were exempted from deportation. The Citizenship (Amendment) Act, 2016 aimed to grant citizenship to these migrants, lapsed with the dissolution of the 16th Lok Sabha.

 

Key Features of the Act:

Key Features Details

Citizenship on the basis of religion The Act grants citizenship based on religion for the first time, specifically to non-Muslim communities from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014.

Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities from the mentioned countries are eligible for citizenship. Other communities are not covered under this provision.

Exceptions The citizenship provisions for illegal migrants do not apply to regions protected by the ‘Inner Line’ permit system and areas under the Sixth Schedule of the Constitution.

Citizenship by Naturalization The Citizenship Act, 1955, requires residency in India during the last 12 months and for 11 of the previous 14 years for naturalization. The amendment reduces the residency requirement from 11 years to 5 years for applicants belonging to the specified six religions from the three mentioned countries.

Cancelling Overseas Citizen of India (OCI) Registration The act grants the government authority to cancel Overseas Citizen of India registration for violations of the Citizenship Act or other laws.

The Supreme Court has noted the necessity of guiding the nature of laws subject to OCI registration cancellation, to ensure the limitation of authority’s powers and prevent arbitrariness.

 

Need of the Act:

Arguments in favour of the Citizenship Amendment Act (CAA):

1. Discrimination faced by Minorities: Pakistan, Afghanistan, and Bangladesh are Islamic republics, and minorities such as Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians face discrimination and persecution.
   1. The CAA aims to provide refuge to those who fled to India seeking safety due to religious persecution.
2. Historical precedents: India’s historical commitment to protecting minorities facing persecution in neighbouring countries is underscored by significant events such as the Partition of British India in 1947 and the signing of the Indira-Mujib Pact in 1972 (the pact facilitated the return and absorption of over 1.2 million refugees, primarily Hindus, who sought shelter in India during the Bangladesh Liberation War)
3. Easing of procedure: The act reduces the residency requirement for citizenship by naturalization from 12 to 7 years

 

Concerns with the Citizenship Amendment Act (CAA):

1. Targeting a particular community: Critics fear that the CAA, coupled with the National Register of Citizens (NRC), may favour non-Muslims while requiring excluded Muslims to prove their citizenship, potentially discriminating against Muslims.
2. Issues in the Northeast: The Act contradicts the Assam Accord of 1985 (the accord opposed illegal immigrants from all the regions), raising concerns about the impact on the demographic balance and resources of Assam, where illegal Bangladeshi migrants have settled.
3. Violation of fundamental rights: Opponents argue that the Act violates Article 14 of the Constitution, which guarantees equality, by discriminating on the basis of religion.
4. Discriminatory nature: Critics highlight that the Act excludes refugees like Tamil Sri Lankans and Hindu Rohingyas, leading to accusations of discrimination based on religion.
5. Exclusion of certain minorities: Critics suggest that if the law aims to protect minorities, it should include persecuted Muslim groups like Ahmadis in Pakistan and Rohingyas in Myanmar.
6. Administration challenges: Differentiating between illegal migrants and persecuted individuals poses administrative difficulties.
7. Impact on bilateral ties: The Act may strain relations with Pakistan, Afghanistan, and Bangladesh, as it highlights religious oppression in these countries.
8. Linkage with NRC: The Citizenship Amendment Bill (CAB) is closely linked to the Citizens’ register (NRC) because it aims to protect non-Muslims excluded from the register, allowing them to gain citizenship.
   1. This means Bengali Hindu migrants left out of the NRC in Assam can still obtain citizenship. If the nationwide NRC is implemented, those excluded would be divided into Muslims deemed illegal migrants and others protected by the CAB if they are from Afghanistan, Bangladesh, or Pakistan. Together, the NRC and CAB could reshape citizenship rights in India.

 

India’s initiative to protect persecuted minorities in its neighborhood is commendable, but it must align with constitutional principles. Transparency in notifying CAA rules is crucial to address concerns. The Supreme Court must ensure fair procedures and examine whether the religious test for citizenship is arbitrary or discriminatory. It should assess if excluding long-term refugees violates their constitutional rights and impacts India’s secular identity.