Implementation of Citizenship Amendment Act in India

Just days ahead of the announcement of general elections, the Ministry of Home Affairs (MHA) on March 11 notified the Citizenship Amendment Rules, 2024 that would enable the implementation of the Citizenship Amendment Act (CAA) passed by the Parliament in 2019.

The Act was passed on December 11, 2019, receiving assent from the President on December 12 of the same year. The MHA had earlier notified that the Act would come into force from January 10, 2020. Since the rules were not framed yet, the Act could not be implemented.

The law will enable the government to grant Indian nationality to persecuted religious minorities — Hindus, Jains, Parsis, Christians, Buddhists, and Sikhs — from Bangladesh, Pakistan, and Afghanistan who had come to India until December 31, 2014.

In 2019, India saw massive protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). The CAA passed in 2019, is controversial because it has been criticized for being discriminatory, particularly against Muslims. The law provides a path to Indian citizenship for religious minorities from neighboring countries but excludes Muslims.

This led to widespread protests across the country from December 2019 to February 20201. The implementation of the CAA has sparked concerns about discrimination and has been met with significant opposition, especially from the Muslim community in India. Additionally, the CAA has been linked to the NRC, which aims to identify and deport undocumented immigrants. However, many fear that the NRC could be used to target and disenfranchise Muslims in India.

Let us understand about the basic features of the Citizenship Amendment Act (CAA) 2019 and points in its favor and against.

What is the Citizenship Amendment Act (CAA)?

The CAA of 2019 refers to the Citizenship Amendment Act, passed by the Parliament of India on December 11, 2019. This act amended the Citizenship Act of 1955 to provide a pathway to Indian citizenship for illegal migrants of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities, who had fled persecution from Pakistan, Bangladesh, and Afghanistan before December 2014.

Main Points of the CAA 2019:

• Eligibility for Citizenship: The Act amends the Citizenship Act of 1955 to grant a faster pathway to Indian citizenship to persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014.
• Exclusion of Certain Groups: It explicitly excludes Muslims, which has been the focal point of contention, implying that Muslim immigrants from these countries cannot seek the same fast-tracked citizenship.
• Reduction in Residency Requirement: The Act reduces the requirement of the number of years of residency in India to qualify for citizenship for these select groups from 11 years to 5 years.
• Legal Protection Against Deportation: It also protects the covered migrants by exempting them from the Passport (Entry into India) Act, of 1920, and the Foreigners Act, of 1946 which pertain to illegal migration and deportation.

Where CAA does not apply?

The amendments introduced by CAA do not apply to areas covered by the Constitution’s sixth schedule.

• These are the autonomous tribal-dominated regions in Assam, Meghalaya, Tripura, and Mizoram. This means migrants belonging to the identified communities from Afghanistan, Bangladesh, and Pakistan based on religion can’t be given Indian citizenship if they are residents in these areas.
• CAA also does not apply to states with an inner-line permit (ILP) regime — primarily in North-East India. ILP is a special permit required for non-residents to enter and stay in these states for a limited period. ILP system is operational in Arunachal Pradesh, Mizoram, Nagaland, Manipur, Lakshadweep and Himachal Pradesh.

Points in Favor of the CAA:

• Humanitarian Gesture: Proponents argue that the CAA is a humanitarian gesture aimed at helping persecuted minorities from neighboring countries find refuge and dignity in India.
• Historical Obligations: Some supporters claim that because these minorities have cultural, historical, and religious links with India, the country has a moral obligation to protect them.
• Fast-tracking Help for Persecuted: The law is seen by some as a necessary measure to provide immediate help to those who have been living in difficult conditions in India as illegal immigrants, by fast-tracking their path to citizenship.

Points Against the CAA:

• Exclusionary and Discriminatory: Critics argue that by excluding Muslims, the Act is discriminatory and violates the secular principles enshrined in the Indian Constitution, particularly the right to equality before the law and the prohibition of discrimination on the grounds of religion.
• Fear of Statelessness: There is a concern that the CAA, in conjunction with a proposed nationwide National Register of Citizens (NRC), could render many Muslim citizens stateless if they cannot produce documents to prove their ancestry, leading to large-scale disenfranchisement.
• Regional Instability: In regions like Assam and other parts of Northeast India, there is a fear that granting citizenship to large numbers of immigrants, regardless of their religion, would alter demographic patterns, potentially leading to ethnic strife and undermining the social and cultural fabric of these areas.
• International Criticism: The Act has drawn criticism from various international bodies and human rights organizations, which argue that it undermines India's commitment to international human rights treaties.

The debate over the CAA reflects a broader discourse on national identity, religious freedom, and human rights in India.

Way Ahead

The Central Government on March 12 launched a new portal for people applying for citizenship under the Citizenship Amendment Act (CAA)-2019. Besides the portal, the government will also launch the mobile app ‘CAA-2019’ to facilitate applications, Ministry of Home Affairs (MHA) officials said.

According to officials, the CAA’s avowed objectives are to remove legal barriers to the rehabilitation and acquisition of Indian citizenship for migrants, which would help protect their cultural, linguistic, and social identity. The law will also ensure economic, commercial, free movement, and property purchase rights for these migrants.

MHA said that many misconceptions have been spread about CAA, but the law is designed to give citizenship and “will not take away the citizenship of any Indian citizen, irrespective of religion”. The law is only for those who have suffered persecution for years and have no other shelter in the world except India.