Recently, government has notified the rules for the implementation of the Citizenship Amendment Act (CAA) 2019. With the notification of the rules, the Central Government has eased the process of granting Indian citizenship to members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Pakistan, Bangladesh and Afghanistan, who entered India before December 31, 2014.
What is the Citizenship Amendment Act (CAA) 2019?
Citizenship Amendment Act (CAA) 2019
a. The legislation grants citizenship to six minorities (Hindu, Sikh, Buddhist, Jain, Parsi, and Christian) fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh.
b. The citizenship will be granted to those who entered India from these countries on or before December 31, 2014.
Relaxation of Naturalisation Process to acquire citizenship
CAA 2019 amends the Citizenship Act of 1955. The amendment relaxes the residence requirement for naturalization of these migrants from eleven years to five.
Exemption from Criminal cases and Deportation
CAA exempts the members of the six communities from any criminal case and deportation under the Foreigners Act, 1946 and the Passport Act, 1920.
Exceptions to the Act
The provisions on citizenship for illegal migrants will not apply to two
categories-
a. States protected by the ‘Inner Line Permit’
b. Areas covered under the Sixth Schedule of the Constitution
What are the provisions of the notified CAA rules?
1. No requirement of valid passport- The rules have done away with the earlier mandatory requirement of passport of Pakistan, Bangladesh or Afghanistan and a residential permit issued by India.
| Earlier rules for citizenship- Earlier the applicant required all the mentioned documents– a. A copy of a valid foreign passport along with a copy of a valid residential permit; b. A copy of bank challan in original amounting to Rs 1,500; c. An affidavit from self (applicant) and two affidavits from two Indians testifying to the character of the applicant; d. Two newspaper cuttings of different dates or of different newspapers notifying his/ her intention to apply for citizenship, among other documents. |
| According to the new rules- The requirement of valid passport and valid residential permit have been removed. Now, any one of the mentioned document would serve as evidences of nationality or citizenship of these countries- a. Birth or educational institution certificate b. Identity document of any kind c. Any licence or certificate d. Land or tenancy records e. Any other document issued by these countries which proves their citizenship. f. Any document that shows that either of the parents or grandparents or great-grandparents of the applicant is or had been a citizen of one of the three countries. |
2. No requirement of Visa- The rules have removed the mandatory requirement of Visa and have provided that even a certificate issued by an elected member of a local body would be sufficient.
3. No requirement of certificate for eighth schedule languages- The rules have done away with the requirement of producing a certificate from an educational institution that the applicant knows one of the languages mentioned in the Eighth Schedule of the Constitution.
According to the new rules- A declaration to that effect and being able to speak the language will be enough.
4. Proof of entry into India before December 31, 2014- The rules provide that any one of the listed 20 documents would be admissible.
| Documents of entry proof- Valid visa, Residential permit issued by FRRO, Slip issued by Census enumerators in India, Driving licence, Aadhaar card, Ration card, Any letter issued by the government or court, Indian birth certificate, Land or tenancy records, Registered rent agreement, PAN card issuance document, Document issued by Centre, state, PSU or bank, Certificate issued by an elected member of any rural or urban body or officer thereof or a revenue officer; Post office account; Insurance policy; Utility bills; Court or tribunal records; EPF documents, School leaving certificate; academic certificate; municipality trade licence; and marriage certificate. |
5. Limited participation and powers of the state governments- The rules tweak the process of grant of citizenship in a manner that state governments would have limited participation in the process.
| Earlier rules for grant of Citizenship- Citizenship applications were made to the district collector, who is under the administrative control of the state government. |
| New rules for grant of Citizenship- The new rules provide for an empowered committee and a district level committee to be instituted by the Centre for receiving and processing the applications, which are to be submitted electronically. Composition of the empowered Committee- Empowered committee would be headed by a director (census operations), Members- Deputy secretary or above officer of the Subsidiary Intelligence Bureau, FRRO, State informatics officer of the National Informatics Centre, postmaster general of the state. Invitees- A representative from the office of principal secretary (home) or additional chief secretary (home) of the state government or Union Territory concerned; and a representative of the Railways’ jurisdictional divisional railway manager. |
What are the arguments in favour of the Citizenship Amendment Act 2019?
1. Dignified life for refugees- The CAA would help to remove legal barriers to rehabilitation and citizenship and give a dignified life to refugees who have suffered for decades.
2. Protection of Rights- Citizenship rights will protect the cultural, linguistic, and social identity of the refugees while ensuring economic, commercial, free movement and property purchase rights.
3. Relief to victims of Partition- CAA provides relief to the victims of partition who were facing religious persecutions on account of becoming religious minorities after the subsequent conversion of Pakistan, Bangladesh and Afghanistan into theocratic Islamic republics.
What are the arguments against the Citizenship Amendment Act 2019?
1. Against the right to equality- Critics have argued that using religion as a qualifier or a filter violates the fundamental right to equality granted by Article 14 of the constitution.
2. Violation of Secularism- Making religion a ground for eligibility for citizenship violates secularism, which is a basic feature of the Constitution
3. Discriminatory towards Muslims- Critics have argued that the National Register of Citizens (NRC) in Assam to identify illegal immigrants, along with the CAA which provides citizenship to all illegal immigrants except Muslims, will result in the targeting of Muslims.
4. Exclusion of other persecuted minority groups- Other persecuted minority groups like the Tamil Hindus in Sri Lanka, the Rohingya in Myanmar, or minority Muslim sects like Ahmadiyyas and Hazaras in Pakistan, Afghanistan have been excluded from the Act.
5. North-Eastern States concerns to protect their Identity- North-eastern states have opposed the CAA as they are fearful that illegal migrants would pose a threat to their cultural and linguistic identity and put a strain on resources and economic opportunities.
6. Violation of Assam Accord- There have been protests in Assam citing the violation of Assam Accord by extending the cut-off date for citizenship to illegal migrants. CAA has extended the cut-off date to 31st Dec 2014 from the cut-off date of March 25, 1971 provided in the original Assam Accord.
What Should be the Way Forward?
Now, when the government has notified the rules and with challenge to the constitutionality of CAA pending in the SC, the following should be the way ahead:
1. Allay the fears of Muslim Community- The government must allay the fears of a nationwide NRC among the Muslim community, which they feel can deprive them of their citizenship rights in case of failure to provide the requisite documents.
2. SC Verdict on Constitutionality of the Act- The SC must provide its verdict on the petitions challenging the Act as done in the recent contentious cases of Electoral Bonds and Art 370.
3. Assurance to international community and neighbouring countries- Government should assure its neighbours about the effective implementation and no discrimination against Muslims regarding CAA provisions.
4. Inclusion of other persecuted minorities- Other persecuted minorities like Tamil Hindus in Sri Lanka, the Rohingya in Myanmar, or minority Muslim sects like Ahmadiyyas and Hazaras in Pakistan, Afghanistan should be gradually included in the Act.
5. Federal Cooperation- The central government must assuage the fears of the North-eastern states like Assam regarding the impact of CAA on their cultural and ethnic identity.
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