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What is Citizenship (Amendment) Act (CAA), 2019?
The Citizenship Amendment Act (CAA) of 2019 is a law passed by the Parliament of India that amends the Indian Citizenship Act of 1955. The main objective of the CAA is to provide a way to Indian citizenship for the religious minorities, from three neighbouring countries: Pakistan, Bangladesh, and Afghanistan.
Key Provisions of the CAA
- Eligible Communities
- The CAA specifically targets six religious communities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
- These communities must have faced religious persecution in Pakistan, Bangladesh, or Afghanistan.
- Eligibility Criteria
- To be eligible for citizenship under the CAA, persons from the specified communities must have entered India on or before December 31, 2014.
- They must have resided in India for at least five years (reduced from the previous requirement of eleven years).
- Exclusion from Certain Laws
- Persons who are eligible for Indian citizenship under this act cannot be classified as ‘illegal immigrants' under the Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920. ‘Illegal immigrants' can be defined as those people who enter the territory of India without valid passports and documents or stay longer than they are allowed.
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Purpose of the CAA
The main purpose of the CAA is to offer protection and citizenship to people belonging to specific religious minorities, who have fled religious persecution (punishment or harassment of a severe nature on the basis of religion in one's country of origin) in the three neighbouring countries (Pakistan, Bangladesh, and Afghanistan). It aims to provide them with a legal and secure status in India.
Controversies and Criticisms
1. Exclusion of Muslims:
One of the most significant criticisms of the CAA is that it excludes Muslims from the list of eligible communities. This led to claims that the Act is biased against the Muslims, and that it violates the secular nature (not having any connection with religion) of the Indian Constitution.
2. Relation to the National Register of Citizens (NRC):
There are concerns that the CAA, when combined with the proposed NRC, could lead to discrimination against Muslims. The NRC aims to identify illegal immigrants. Critics fear that non-Muslims left out of the NRC could gain citizenship through the CAA, while Muslims might face statelessness.
3. Protests and Opposition:
The CAA sparked widespread protests across India. Opponents state that it violates the secular nature of the Indian Constitution and discriminates based on religion. Critics claim that the CAA goes against secularism and equality which is present in the Constitution of India. Protests were particularly intense in states like Assam, where there are concerns about the impact of the Act on the local demographic and cultural balance.
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4. Legal Challenges:
Several petitions challenging the constitutionality of the CAA had been filed in the Supreme Court of India.
Government's Defence
1. Humanitarian Grounds:
The government defends the CAA by stating that it is a humanitarian measure aimed at providing relief to persecuted minorities from the specified countries.
It argues that these three countries (Pakistan, Bangladesh, and Afghanistan) are Islamic states where religious minorities face persecution, and thus, the Act is justified. Muslims are not a religious minority in these three countries so they do not face persecution based on this ground.
2. No Impact on Indian Muslims:
The government emphasises that the CAA does not affect Indian Muslims or any other Indian citizen. It only applies to individuals from the specified communities who have come to India by the cutoff date.
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How can a person apply for Indian citizenship under CAA, 2019?
You can follow this step-by-step explanation for applying for Indian citizenship under the Citizenship Amendment Act (CAA) 2019.
Step 1: Understanding Eligibility
Before applying, you should meet the following criteria:
- Religion: You must be a Hindu, Sikh, Buddhist, Jain, Parsi, or Christian.
- Country of Origin: You must be from Pakistan, Bangladesh, or Afghanistan.
- Date of Entry: You must have entered India on or before December 31, 2014.
- Persecution: You must have faced **religious persecution **in your home country.
Step 2: Collecting Required Documents
You will need to collect these documents to prove your eligibility:
- Proof of Identity: Passport, voter ID, or any other valid ID.
- Proof of Residence in India: Documents showing you have lived in India since before December 31, 2014, such as utility bills, rental agreements, or affidavits.
- Proof of Religious Persecution: Any evidence or affidavits showing you faced religious persecution in your home country.
- Entry Documents: Any documents proving the date of your entry into India, such as immigration stamps, old passports, or affidavits from community leaders.
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Step 3: Filling Out the Application Form
You will need to fill out the prescribed application form for citizenship. This form can be obtained from:
- The local District Collector or Deputy Commissioner's office.
- The online portal for Indian citizenship under CAA, 2019.
- On this website, follow the following steps to submit your application:
- Enter Contact Details: Enter your mobile number and the CAPTCHA code, then proceed to the next page. You will need to enter your email ID, name, and the CAPTCHA code on the following page.
- Verify with OTPs: Check your email and mobile for One-Time Passwords (OTPs). Enter the OTPs and re-enter the CAPTCHA code for verification.
- Login and Initiate Application: After successful verification, the option "Click Here to Initiate Fresh Application" will appear. Click on it to start the application process.
- Provide Applicant Details: Answer questions about your background, including your pre-2014 residence, place of origin, and duration of stay in India.
- Upload Required Documents: You will need to upload documents such as passports, birth certificates, and other identity documents issued by the governments of Afghanistan, Bangladesh, or Pakistan. These documents must prove that you entered India on or before December 31, 2014.
Step 4: Submitting the Application
Submit your completed application form along with the required documents to the relevant authorities:
- Where to Submit: Generally, applications can be submitted to the District Collector, Deputy Commissioner, or local authority designated for citizenship applications.
- Verification: Your application will be reviewed, and the authorities will verify your documents.
Step 5: Verification Process
After submission, the following steps will be taken:
- Police Verification: There will be a police verification process to confirm your identity and residence.
- Document Verification: Authorities will verify all submitted documents for authenticity.
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Step 6: Hearing and Interview
You may be called for a hearing or interview with the authorities. During this process:
- Questions: You will be asked questions about your application, background, and the evidence provided.
- Clarifications: You may need to provide further clarifications or additional documents if requested.
Step 7: Approval Process
Once your application and documents have been verified:
- Review: Higher authorities, including the Ministry of Home Affairs, will review the application.
- Decision: A decision will be made based on the evidence provided and the verification process.
Step 8: Grant of Citizenship
If your application is approved:
- Citizenship Certificate: You will be granted a certificate of Indian citizenship.
- Oath of Allegiance: You may be required to take an oath of allegiance to India.
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Step 9: Post Citizenship Formalities
After receiving your citizenship certificate:
- Updating Records: Update your legal status in various records such as the Aadhaar card, PAN card, voter ID, and other official documents.
- Rights and Duties: Understand your rights and duties as an Indian citizen.
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FAQs:
1. Why does the CAA exclude Muslims?
The government claims that the CAA is intended to provide refuge to persecuted religious minorities from the three neighbouring Islamic countries where Muslims are not religious minorities.
2. Does the CAA apply to all immigrants in India?
No, the CAA specifically applies to non-Muslim religious minorities from Pakistan, Bangladesh, and Afghanistan who entered India before the specified cutoff date.
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3. What documents are required to apply for citizenship under the CAA?
Applicants need to provide proof of identity, proof of residence in India before December 31, 2014, evidence of religious persecution, and documents proving their entry into India.
4. How long does it take to get citizenship under the CAA?
The timeline differs with the application and its verification process. It can range from several months to a few years.
5. Is the CAA linked to the NRC?
The CAA and NRC are separate but related issues. The NRC aims to identify genuine Indian citizens, while the CAA provides a pathway to citizenship for certain refugees. Concerns arise when considering how the two might interact, particularly regarding the exclusion of Muslims.
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REFERENCES:
- Indian Citizenship Act, 1955
- Citizenship (Amendment) Act, 2019
- CAA: India's new citizenship law explained
- The CAA Rules, unpacked
- Explained: What is Citizenship Amendment Act?
Written by Anushka Patel
Anushka Patel is a second-year law student at Chanakya National Law University. She is a dedicated student who is passionate about raising public awareness on legal matters
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Further Reading
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