The Indian government recently made a significant announcement regarding the implementation of the Citizenship Amendment Act (CAA). This decision comes four years after the bill was first passed and just weeks before India heads to the polls. The CAA, which makes religion a test of citizenship for the first time in India, has been a topic of fierce debate and resistance from the opposition. In this blog post, we will delve into the details of the law, its implementation, and its potential impact on the upcoming elections.
Who can apply under CAA?
Individuals belonging to six religious minority communities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from the following countries:
- Afghanistan
- Bangladesh
- Pakistan
Additional Criteria:
- Applicants must have entered India on or before December 31, 2014.
- They must have faced religious persecution in their home country. (The burden of proving this lies with the applicant)
- Applicants must have resided in India for at least 12 months preceding the date of application.
- In the 11 years preceding the 12 months mentioned above, they must have been in India for a total of 6 years.
- The law exempts members of these communities from any criminal case under the Foreigners Act of 1946 and the Passport Act of 1920, which specify punishment for entering and staying in the country illegally.
Implementation and Immediate Beneficiaries:
According to reports, there will be over 30,000 immediate beneficiaries of the CAA. The government has issued a notification, and eligible individuals can now submit citizenship applications online through a dedicated web portal. No documentation will be sought from the applicants, streamlining the process.
The implementation of the Citizenship Amendment Act (CAA) aims to help certain minority groups who have migrated to India from neighbouring countries. Here’s a breakdown of the potential benefits:
Path to Citizenship: The CAA offers a path to Indian citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who came to India from Afghanistan, Bangladesh, or Pakistan before December 31, 2014. These migrants may be eligible for citizenship even if they lack proper documentation.
Reduced Waiting Period: Under the regular process, naturalization for citizenship requires 11 years of residence in India. The CAA reduces this waiting period to five years for the aforementioned minority groups.
Protection from Deportation: The CAA can shield these migrants from being labelled as illegal immigrants and facing deportation.
These provisions are meant to address the issue of religious persecution faced by these minority groups in their home countries.
Procedure for submitting the citizenship application under Section 6B
Application process
The applicant has to apply online to the Empowered Committee through the District Level Committee (DLC) headed by the Designated Officer (DO).
For this purpose, the applicant may visit https://indiancitizenshiponline.nic.in or mobile application namely CAA-2019.
By answering a simple questionnaire, the online system will prompt the applicant to the form as per his/her eligibility as indicated below:
The applicant may fill up the relevant form, attach all requisite documents mentioned in the Form and make payment of the fee of Rs. 50/- online.
Requisite Documents: To support their application, individuals can submit various documents, including a copy of the passport issued by Afghanistan, Bangladesh, or Pakistan, birth certificates, educational certificates, identity documents issued by the respective governments, residential permits, licenses, land or tenancy records, and any document establishing the lineage to citizens of these countries.
Proving Entry into India: Applicants are required to provide evidence of their entry into India before December 31, 2014. The supporting documents include copies of visas and immigration stamps, registration certificates, census enumerators’ slips, government-issued licenses or certificates in India, ration cards, letters from the government or court with official stamps, birth certificates issued in India, and various other documents demonstrating residence and employment in India.
On submission of the application, an acknowledgement will be auto-generated electronically which will be available to the applicant.
At the application stage itself, the applicant may opt to receive the ink-signed copy of the certificate of registration or certificate of naturalization. Ink signed copy of the certificate will be issued to the applicant only if he/ she has opted for the same at the application stage. In all other cases, a digital certificate of registration or certificate of naturalization will be issued.
Application Review process
After the applicant has submitted the form online, the form will be scrutinised by the District Level Committee (DLC).
Post scrutinization of the form, the DLC will inform the applicant through e-mail/SMS, the date and time on which the applicant would be expected to visit the DLC in person along with originals of all the documents attached with the application for verification.
Upon scrutiny/verification, if the documents are found in order, the Designated Officer will administer an “Oath of Allegiance” to the applicant who has applied for a grant of citizenship by registration under Section 5 or naturalisation under Section 6.
However, if there is any deficiency in documents, the District Level Committee may ask the applicant to provide the same.
In case the applicant fails to appear in person to subscribe to the application and take the oath of allegiance despite giving reasonable opportunities, the DLC may forward such application to EC for consideration of refusal.
The applicant can bring the required documents on a subsequent date for verification. Oath of Allegiance for registration (Section 5) or naturalisation (Section 6) will be administered only after it is confirmed that all requisite documents have been submitted by the applicant.
The Designated Officer will certify on the online system that documents are verified/seen in original. The District Level Committee shall also upload the “oath of allegiance” administered, in the online system and forward the application in electronic form along with confirmation regarding verification of documents to the Empowered Committee.
The Empowered Committee will scrutinise the application and on being satisfied after making such inquiry as it considers necessary and based on the report of the security agency, the Empowered Committee may approve/reject the application for citizenship of India
Issuance of Citizenship Certificate
The applicant who has applied for a grant of citizenship by registration or naturalisation will be issued a digital certificate of registration.
Ink signed copy of the certificate of registration or naturalisation will be issued only if the applicant has opted for the same at the application stage and this will have to be collected by the applicant from the office of the Empowered Committee i.e. the office of the Director (Census Operations) of the State/Union Territory concerned located in the State/ UT capital.
For More Info visit the below mentioned website
https://indiancitizenshiponline.nic.in/
Political Significance:
The implementation of the CAA is a significant development in India, as it was a major campaign platform for Prime Minister Modi’s Bharatiya Janata Party (BJP) before the 2019 election. The timing of its implementation, just before the upcoming elections, is noteworthy. Home Minister Amit Shah had previously assured that the law would be notified before the election and sought to downplay concerns raised by the opposition.
Concerns and Agitations:
Opponents of the CAA argue that it discriminates against a particular community and raises concerns about the potential exclusion of Muslims from the proposed citizens register. In the northeastern states of Assam and Tripura, the agitation against the act had additional reasons. The threat to the linguistic and cultural identities of tribal communities, coupled with the determination of citizenship based on religious lines, fueled the protests. There were also concerns that the CAA contradicts the Assam Accord of 1985, which aimed to deport illegal migrants, irrespective of religion, who entered India from Bangladesh after 1971.
Muslims in India are protesting against the Citizenship Amendment Act (CAA):
Some key reasons why Muslim in India are protesting against CAA
Exclusion: The primary objection is that CAA excludes Muslims from the eligibility criteria for expedited citizenship. This is seen as discriminatory by many Muslims, who argue that they too can face religious persecution in neighbouring countries.
The exclusion of Muslims from CAA is seen as a deliberate attempt to target and marginalize the Muslim community.
Critics argue that religious persecution should be the sole criterion, not faith.
Potential for marginalization: Critics fear that CAA, coupled with the National Register of Citizens (NRC), could lead to the disenfranchisement and marginalization of Muslims who may not be able to produce documentary proof of citizenship.
Violation of Constitution: Some argue that CAA violates the Indian Constitution’s principle of equality before the law by differentiating based on religion.
Some Important Considerations: It’s important to note that the Indian government maintains that:
CAA is not discriminatory: They argue that Muslims can still apply for citizenship under existing provisions but with a longer residency requirement.
CAA protects minorities: CAA aims to offer expedited citizenship to persecuted minorities from neighbouring countries.
NRC is not linked to CAA: The government clarifies that CAA is a separate law from the NRC and will not be used to target any community.
Addressing Concerns:
To address the concerns in the Northeast, the government clarified that the CAA does not apply to certain tribal areas of Assam, Meghalaya, Mizoram, and Tripura. These exceptions are in line with the sixth schedule of the Indian constitution, which aims to protect indigenous and tribal groups. Additionally, states regulated by the Inner Line permit under the Bengal Eastern Frontier regulations 1873 are also exempted. The Indian home minister has repeatedly emphasized that the CAA does not target minorities and that the rights of each citizen are equally protected under the Modi-led government.
The implementation of the Citizenship Amendment Act in India has sparked widespread debates and protests. While the law aims to provide a fast-track pathway to citizenship for non-Muslim migrants facing religious persecution, concerns have been raised about its potential exclusionary nature and its impact on the cultural and linguistic identities of tribal communities. Some argue that it excludes Muslim minorities and may violate the principles of religious equality as mentioned in the Indian Constitution. Some political parties see the Implementation of CAA as a planned strategic move of the central government to create a huge number of voters in their Favor. As India heads to the polls, the CAA’s implementation is seen as a strategy for better election outcome.