Decoding CAA Rules: Citizenship Acquisition and Constitutional Immunity for Refugees in India
The Central government led by Prime Minister Narendra Modi notified the Citizenship Amendment Act (CAA) on Monday, five years after it was passed in Parliament. Union Home Minister Amit Shah has said that the implementation of CAA would enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to get citizenship in India. This move is a big relief for refugees who have been living in uncertainty since migrating to India due to religious persecution.
The CAA aims to provide citizenship to minorities facing religious persecution in neighboring countries. Historically, many citizens of undivided India belonging to various faiths were staying in areas of Pakistan and Bangladesh when India was partitioned in 1947. The constitutions of these countries provide for a specific state religion, leading to persecution of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. This forced many of them to flee to India in search of shelter.
Under the previous law, such migrants were considered illegal and ineligible for Indian citizenship. However, the Central government exempted them from adverse penal consequences and made them eligible for long-term visas. Now, the CAA allows persecuted non-Muslim migrants from specified countries who arrived in India before December 31, 2014, to acquire Indian citizenship. The government will begin granting citizenship to Christians, Parsis, Buddhists, Jains, Sikhs, and Hindus from these countries.
The CAA also grants immunity to these migrants, ensuring that any proceedings against them regarding migration status or citizenship will not hinder their application for Indian citizenship. The eligible migrants will be granted certificates of registration or naturalization, subject to prescribed conditions. Additionally, applicants from these communities can now qualify for citizenship by naturalization after residing in India for five years, instead of the previous eleven years.
Furthermore, the CAA includes provisions to protect the indigenous population of northeastern states covered under the Sixth Schedule to the Constitution and areas under “The Inner Line” system. This move is aimed at providing relief and opportunities to individuals seeking citizenship in India. Overall, the implementation of CAA is expected to address the longstanding concerns of persecuted minorities and streamline the process for them to obtain Indian citizenship.
