Citizenship Amendment Act (CAA) Comes Into Force Across India

Tikam Shekhawat & Mubarak Ansari

New Delhi, 11th March 2024: The Central Government has officially notified the implementation of the Citizenship Amendment Act (CAA), bringing it into force across the country. This significant development has opened the doors for non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan to seek Indian citizenship.

Key Points of the Citizenship Amendment Act:

1. Eligibility for Citizenship: Individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities, who faced religious persecution and arrived in India from Pakistan, Afghanistan, and Bangladesh before December 31, 2014, are now eligible to apply for citizenship. This provision is exclusive to people from these three countries.

2. Impact on Indian Citizens: It is crucial to note that the Citizenship Amendment Act does not affect the citizenship rights of Indian citizens. The Constitution guarantees their right to citizenship, and no law, including CAA, can alter this.

3. Application Process: Interested applicants must apply online, providing details about their arrival in India. The application process is designed to accommodate individuals without passports or other travel documents. The residency requirement for eligibility is set at more than 5 years, except for other foreigners (Muslims), for whom the period is more than 11 years.

Citizenship Certification Process: The verification of citizenship applications will occur within the stipulated time through a centralized system. The issuance of citizenship certificates will involve online document verification and security clearance, mirroring the passport issuance process.

No Requirement for Citizenship Renunciation Certificate: Individuals from Pakistan, who previously needed a citizenship renunciation certificate, may no longer require it. The Foreigners Division of the Home Ministry will handle the authority’s responsibilities at the state and district levels.

Evolution of CAA: The Citizenship Amendment Bill 2016 brought changes in the 1955 law to grant citizenship to non-Muslim refugees from Bangladesh, Pakistan, and Afghanistan. Passed by Lok Sabha and Rajya Sabha in 2019, CAA became law on December 12, 2019, after receiving presidential approval.

Government’s Readiness for CAA Implementation: The government has taken steps to prepare for the implementation of the Citizenship Amendment Act. An online portal for CAA registration is ready, and the Union Home Ministry has conducted a dry run. This initiative is particularly beneficial for refugees who lack proper documentation. The Home Ministry has received a significant number of long-term visa applications from refugees, especially from Pakistan.

Home Minister Amit Shah reiterated the government’s commitment to implementing CAA, emphasizing that it is a law of the country that will be enforced. Although Parliament approved CAA on December 11, 2019, the government extended the deadline for rule and regulation formulation eight times.

Alert in Uttar Pradesh and Delhi after CAA Notification:
After the official notification of CAA, police in Uttar Pradesh and Delhi are on high alert. Police are patrolling sensitive areas in Old Lucknow, and senior officers are on the streets with a substantial police presence.

Celebration in West Bengal: The Matua community in West Bengal celebrated the implementation of the Citizenship Amendment Act, considering it akin to their second Independence Day. The community, originally from East Pakistan, migrated to India during the India-Pakistan partition and the creation of Bangladesh.

Political Reactions:
– Yogi Adityanath remarked that temporary suffering is for the sake of humanity.
– Akhilesh Yadav suggested that the public has deciphered BJP’s intentions.
– BJP stated that they fulfilled their promises.
– Opposition, represented by Shiv Sena MP Sanjay Raut, sees it as the BJP’s last political manoeuvre.
– Asaduddin Owaisi expressed his stance, stating that elections should precede the implementation of CAA.

Jairam Ramesh’s Statement: Congress general secretary Jairam Ramesh criticized the delay in notifying the rules for CAA, calling it another instance of the Prime Minister’s “white lie.”

Mamata Banerjee’s Response: West Bengal CM Mamata Banerjee expressed concerns about the timing of the notification and emphasized that if rules are detrimental to people’s rights, protests will ensue.

Amit Shah’s Prior Assurance: Home Minister Amit Shah reaffirmed on February 10 that CAA would be implemented before the upcoming Lok Sabha elections.