In anticipation of the upcoming General Elections in 2024, the Central government has officially released the guidelines for executing the contentious Citizenship (Amendment) Act (CAA) 2019. This move aims to facilitate the grant of citizenship to undocumented migrants hailing from Pakistan, Bangladesh, and Afghanistan, excluding those of the Muslim faith.
The leadership under Prime Minister Modi is set to initiate the conferment of Indian nationality to persecuted migrants who entered the country before December 31, 2014. These individuals, falling under the CAA regulations, represent various communities, including Christians, Parsis, Buddhists, Jains, Sikhs, and Hindus.
The primary objective of the Citizenship Amendment Act (CAA) is to safeguard those seeking refuge in India due to religious persecution, providing a safeguard against illegal migration procedures. Eligibility for citizenship requires applicants to have arrived in India on or before December 31, 2014. Presently, Indian citizenship is granted to those born in the country or residents for a minimum of 11 years. Additionally, the proposed amendment introduces a provision allowing the cancellation of Overseas Citizen of India (OCI) registration for violations of Citizenship Act provisions or other applicable laws.
A longstanding debate since 2019 involves claims by leading opposition parties that the law is discriminatory, particularly against Muslims constituting 15% of the nation’s population. The government’s stance is that, given the Muslim-majority status of Pakistan, Afghanistan, and Bangladesh, Muslims cannot be classified as persecuted minorities. However, they assure that applications from other communities will be subject to individual scrutiny.
With the entire process transitioning to an online platform, the Ministry of Home Affairs has developed a portal for the convenience of applicants. The disclosure of the year of entry into India without proper documentation is mandatory, although no additional documents will be requested.
The controversial Citizenship Amendment Act (CAA), enacted in December 2019, has encountered widespread opposition and protests nationwide. Numerous political factions criticize the law as “discriminatory.”
Expressing concerns about the timing of the rule notification, the Congress party alleges a deliberate effort to polarize the upcoming Lok Sabha elections in West Bengal and Assam. Congress general secretary Jairam Ramesh accuses the government of diverting attention following recent Supreme Court comments on the electoral bonds issue.
In Kerala, Chief Minister Vijayan asserts that the CAA will not be enforced, denouncing it as a law fostering communal division.
The anti-CAA protests, coupled with police actions, resulted in over 100 casualties.
Despite being passed almost four years ago, the CAA’s rules should have been framed within six months of presidential assent, as per parliamentary procedures. Since 2020, the home ministry has periodically sought extensions from parliamentary committees for rule formulation.
Only in December 2023 did Union Home Minister Amit Shah emphasize that the implementation of the CAA is inevitable, reiterating the BJP’s commitment to this cause.
Considering the imminent announcement of Lok Sabha polls in a few days and the potential enforcement of the Model Code of Conduct, the timing of the notification is crucial.
While specific figures are undisclosed, the Ministry of Home Affairs’ annual report for 2021-22 reveals that, from April 1, 2021, to December 31, 2021, 1,414 foreigners from non-Muslim minority communities in Pakistan, Bangladesh, and Afghanistan acquired Indian citizenship through registration or naturalization. This provision is applicable in nine states: Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi, and Maharashtra.
