In a significant move leading up to the 2024 General Elections, the Central government has officially announced the regulations for implementing the Citizenship Amendment Act (CAA) of 2019. This development clears the path for providing citizenship to undocumented migrants from Pakistan, Bangladesh, and Afghanistan, excluding Muslims.
Under the leadership of Prime Minister Modi, the government is set to confer Indian citizenship upon persecuted non-Muslim migrants from the aforementioned countries who entered India prior to December 31, 2014, in accordance with the CAA guidelines. This includes individuals belonging to various minority communities such as Christians, Parsis, Buddhists, Jains, Sikhs, and Hindus.
Scope of the Citizenship Amendment Act
The CAA is designed to offer protection to those who have sought refuge in India due to religious persecution, shielding them from illegal migration proceedings. Eligibility for citizenship requires applicants to have arrived in India on or before December 31, 2014. Indian citizenship is traditionally granted to those born in India or who have resided in the country for at least 11 years. Additionally, the amendment introduces a provision for the cancellation of Overseas Citizen of India (OCI) registration if the holder violates any provision of the Act or other applicable laws.
Eligibility and Application Process
The application process for citizenship will be conducted entirely online, with the Ministry of Home Affairs launching a dedicated portal for the convenience of applicants. Applicants are required to disclose the year they entered India without proper documentation, with no additional documents requested during the application process.
With the issuance of the notification, the central government is now empowered to grant citizenship to non-Muslim migrants from Bangladesh, Pakistan, and Afghanistan who arrived in India due to religious persecution before December 31, 2014. Eligible individuals can submit their applications through an online platform, with no additional documentation required.
Exclusion and Justification
Critics have argued since 2019 that the law discriminates against Muslims, who constitute approximately 15% of the nation’s population. The government, however, justifies its stance by pointing out that since Pakistan, Afghanistan, and Bangladesh are Islamic republics with Muslim majorities, Muslims from these countries cannot be considered persecuted minorities. Nonetheless, the government assures that applications from other communities will be assessed on a case-by-case basis.
Benefits and Assurances
The government has outlined several key benefits associated with the implementation of the CAA. It aims to eliminate legal barriers to rehabilitation and citizenship, offering a dignified life to refugees who have endured decades of suffering. Citizenship rights are expected to safeguard the cultural, linguistic, and social identities of refugees, while also ensuring economic, commercial, free movement, and property purchase rights. Importantly, the government emphasizes that the CAA will not revoke the citizenship of any Indian citizen, regardless of religion.
Parliamentary Procedures and Delays
Regarding the timing of the notification, it is worth noting that the Citizenship Amendment Act was passed nearly four years ago. According to parliamentary procedures, rules for any legislation should have been formulated within six months of presidential assent, or an extension should have been sought from the Committees on Subordinate Legislation in both houses of Parliament. The Home Ministry has been seeking extensions from parliamentary committees for framing the rules since 2020. However, it was only in December 2023 that Union Home Minister Amit Shah emphasized the government’s commitment to implementing the CAA.
The timing of the notification is also significant as the Lok Sabha elections are expected to be announced shortly, followed by the implementation of the Model Code of Conduct.
Conclusion
In summary, India’s implementation of the CAA ahead of the 2024 General Elections marks a significant move by the government, led by Prime Minister Modi. The regulations provide a pathway to citizenship for non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who entered India prior to December 31, 2014. Despite criticisms of discrimination, the government asserts the law’s aim to protect persecuted minorities, offering benefits such as legal rehabilitation and citizenship rights. The timing of this announcement, amidst parliamentary procedures and impending elections, underscores its political significance.
