New Citizenship Amendment Rules in India: Citizens on the edge

Source: The post new Citizenship Amendment Rules in India, has been created, based on the article “Citizens on the edge” published in “Indian express” on 22nd March 2024.

UPSC Syllabus Topic: GS Paper 2-Governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

News: The article criticizes the new Citizenship Amendment Rules in India, stating that they create complex and unfair procedures for refugees seeking citizenship, don’t protect their rights, and are likely to cause bureaucratic difficulties and uncertainty for applicants.

For details information on Citizenship Amendment Act, 2019 read here

What are the new Citizenship Amendment Rules?

Scope of the Act: The Citizenship Amendment Rules implement the Citizenship Amendment Act, 2019, which offers Indian citizenship to non-Muslim migrants from Afghanistan, Bangladesh, or Pakistan who entered India before December 31, 2014.

Proof of Nationality and Entry: Applicants must prove their nationality and show they entered India before the cut-off date. This is difficult for those who fled persecution and may have lost important documents.

Committee-Based Processing: Applications are processed by state and district level committees, but the procedures and guidelines for these committees are not clearly defined.

Document Verification: The committees assess the authenticity of documents, a challenging task when the issuing authorities are non-existent or unclear, as observed in global examples like Afghan refugees in Australia.

Eligibility Certification: Applicants must provide certificates from local community institutions as proof of religious and national identity, but how these certificates will be assessed is unclear.

For more information on Citizenship Amendment Rules read here

What are the criticisms of the Citizenship Amendment Rules?

Promoting Religious Discrimination: The Rules are criticized for being arbitrary and discriminatory on religious grounds, offering citizenship routes primarily to non-Muslims.

Opaque Procedures: They establish complex and unclear procedures, lacking legal safeguards for asylum seekers, which could lead to a bureaucratic nightmare.

Documentary Burden: The emphasis on documentary evidence places an onerous burden on refugees who may not have access to such documents, especially those who fled persecution.

Committee Ineffectiveness: The Empowered and District Level Committees tasked with processing applications lack clear guidelines, raising concerns about their effectiveness and fairness.

Potential for Arbitrary Decisions: The lack of transparency and procedural clarity in the Committees’ functioning could lead to arbitrary decisions, reminiscent of the issues faced in Assam’s Foreigners Tribunals.

Way forward

To improve the Citizenship Amendment Rules, India should adopt international best practices that prioritize a wide range of evidence, not just documents, to prove persecution. Establishing a system with trained professionals, clear guidelines, and mechanisms for appeal can ensure a fair, transparent, and effective process for asylum seekers.

Question for practice:

Discuss the criticisms surrounding the Citizenship Amendment Rules in India and propose potential improvements.