CAA: What is Citizenship Amendment Act and what it means to us as an Indian Citizen!

Citizenship Amendment Act Explained:  

The Citizenship (Amendment) Act, 2019 (CAA) became a law in India on 11 December 2019. It changed the Citizenship Act, 1955 to make it easier for religious minorities from Afghanistan, Bangladesh, and Pakistan to become Indian citizens if they came to India by 2014 and faced persecution in their home countries. The eligible minorities mentioned were Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians. However, Muslims from these countries were not included in this law. This was the first-time religion was used as a criterion for citizenship in India, and it received criticism from around the world.

The Bhartiya Janata Party (BJP), which leads the Indian government, had promised in earlier election plans to offer Indian citizenship to persecuted religious minorities who migrated from nearby countries. According to the 2019 amendment, migrants who arrived in India by 31 December 2014, and faced "religious persecution or fear of religious persecution" in their home countries, could apply for citizenship. The amendment reduced the time needed to live in India to become a citizen from twelve years to six. Around 30,000 people are expected to benefit from this law, according to Intelligence Bureau records.

Critics argue that the law discriminates based on religion, especially for excluding Muslims. The Office of the United Nations High Commissioner for Human Rights (OHCHR) called it "fundamentally discriminatory" and suggested India should protect persecuted groups through a non-discriminatory asylum system. Some worry that along with the National Register of Citizens (NRC), this law could make many Muslim citizens stateless because they may not meet strict birth or identity requirements. Others question why persecuted religious minorities from other areas like Tibet, Sri Lanka, and Myanmar were not included. The Indian government argues that since Pakistan, Afghanistan, and Bangladesh have Islam as their state religion, Muslims are unlikely to face religious persecution there. However, certain Muslim groups, like Hazaras and Ahmadis, have faced persecution historically in these countries.

The passage of the law sparked protests across India. In the northeastern states, people protested against the fear of losing their rights and land due to potential migration from Bangladesh. In other parts of India, protesters argued that the law discriminates against Muslims and demanded equal treatment for Muslim refugees and immigrants. Some universities saw major protests, with students alleging police brutality. These protests resulted in deaths, injuries, damage to property, and hundreds of detentions. Some states declared they would not implement the law, but the Union Home Ministry stated that states cannot legally refuse to follow it.

On 11 March 2024, the Ministry of Home Affairs announced the official rules for implementing the Citizenship Amendment Act, following the commitment made by Union Home Minister Amit Shah to implement them before the 2024 national elections.

The Amendments

The Citizenship (Amendment) Act of 2019 amended the Citizenship Act, 1955, by inserting the following provisos in section 2, sub-section (1), after clause (b):[105]

Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;

A new section 6B was inserted (in the section concerning naturalization), with four clauses, the first of which stated:

(1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalization to a person referred to in the proviso to clause (b) of sub-section (1) of section 2.

The "exempted" classes of persons were previously defined in the Foreigners (Amendment) Order, 2015 (issued under the Foreigners Act, 1946):[78]

3A. Exemption of certain class of foreigners. – (1) Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before 31 December 2014

(a) without valid documents including passport or other travel documents and who have been exempted under rule 4 from the provisions of rule 3 of the Passport (Entry into India) Rules, 1950; or

(b) with valid documents including passport or other travel document and the validity of any of such documents has expired,

are hereby granted exemption from the application of provisions of the Foreigners Act, 1946, and the orders made thereunder in respect of their stay in India without such documents or after the expiry of those documents, as the case may be.

The Rules had been further amended in 2016 by adding Afghanistan to the list of countries.

Exemptions were granted to northeastern regions of India in the clause (4) of section 6B:

(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.

Explained in the video by Amit Shah (Disclaimer - Video taken from outside

 source)https://www.msn.com/en-in/video/news/rising-bharat-2024-home-minister-amit-shah-takes-on-opposition-on-caa-implementation-news18/vi-BB1kcMB7

Related Videos: