Citizenship Amendment Act,2019

SYLLABUS

GS 2 >> Polity >> Citizenship

REFERENCE NEWS

The Centre notified the Citizenship Amendment Act (CAA) rules and the Ministry of Home Affairs has already created a portal for the applicants’ convenience, with the entire process being done online.

ABOUT CITIZENSHIP AMENDMENT ACT(CAA)

CAA seeks to grant Indian Citizenship to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have migrated to India after facing persecution on grounds of religion in Pakistan, Afghanistan and Bangladesh. It basically intends to make it easier for non-Muslim immigrants from India’s three Muslim-majority neighbours to become citizens of India.

KEY FEATURES OF THE ACT

• Citizenship based on religion: The Act amends the Citizenship Act, 1955, and for the first time, will grant citizenship based on religion to non-Muslim communities from Afghanistan, Bangladesh and Pakistan, who entered India on or before December 31, 2014. 
• Non - Muslim communities Included: Hindu, Sikh, Buddhist, Jain, Parsi, and Christian. This implies that migrants, who identify themselves with any group or community other than those mentioned here, from the above-mentioned countries won't be eligible for citizenship. 
• Exceptions: The provisions on citizenship for illegal migrants will not apply to two categories - states protected by the ‘Inner Line’, and areas covered under the Sixth Schedule of the Constitution.
  • Inner Line Permit (ILP): This is a special permit that citizens from other parts of India require to enter a state protected by the ILP regime. Without an ILP granted by the state government, an Indian from another state cannot visit a state that is under the ILP regime.
  • Sixth Schedule: The Sixth Schedule relates to special provisions in administration of certain Northeastern states (Assam, Mizoram, Meghalaya and Tripura). It provides special powers for Autonomous District Councils (ADCs) in these states.
• Citizenship by Naturalization: Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, as well as for 11 of the previous 14 years. The amendment relaxes the second requirement from 11 years to 5 years as a specific condition for applicants belonging to the specified six religions, and the above mentioned three countries. 
• Additional Ground for Cancelling Overseas Citizen of India (OCI) Registration : i.e. violation of any law notified by the central government. However, the Act does not provide any guidance on the nature of laws which the central government may notify. The Supreme Court has noted that this guidance is necessary to set limits on the authority’s powers and to avoid any arbitrariness in exercise of powers.

SIGNIFICANCE OF CAA 

Facilitation of Citizenship for Indian Origin Minorities

• Targets Indian origin people unable to prove their ancestry under the Citizenship Act of 1955.
• Specifically aids six minority communities: Hindu, Sikh, Buddhist, Jain, Parsi, and Christian from Afghanistan, Pakistan, and Bangladesh.

Addressing Long Residency Requirement

• Circumvents the 11 years’ residency requirement for naturalization.
• Offers a legislative safeguard for individuals likely to permanently stay in India.

Support for Partition Victims

• Aims to assist Hindu-Bengalis who were trapped in East Pakistan (now Bangladesh) during the partition.
• Acknowledges the historical context and provides relief to those affected.

Protection Against Persecution

• Responds to the persecution of religious minorities by non-state actors in Bangladesh.
• Addresses the plight of stateless individuals who have fled to India for safety.

Regional Support

• Receives considerable backing from the Bengali speaking region of Barak Valley in Assam.
• Reflects regional acceptance and the perceived benefits of the proposal for local communities.

CONCERNS ASSOCIATED WITH CAA

• Targeting a Particular Community: There are apprehensions that the CAA, followed by a country-wide compilation of the National Register of Citizens (NRC), will benefit non-Muslims excluded from the proposed citizens’ register, while excluded Muslims will have to prove their citizenship.
• Issues in the North-East: It contradicts the Assam Accord of 1985, which states that illegal migrants, irrespective of religion, heading in from Bangladesh after 25th March, 1971, would be deported.There are an estimated 20 million illegal Bangladeshi migrants in Assam and they have inalienably altered the demography of the state, besides putting a severe strain on the state’s resources and economy.
• Against Fundamental Rights: Critics argue that it is violative of Article 14 of the Constitution (which guarantees the right to equality and is applicable to both the citizens and foreigners) and the principle of secularism enshrined in the preamble of the Constitution.
• Discriminatory in Nature: India has several other refugees that include Tamils from Sri Lanka and Hindu Rohingya from Myanmar. They are not covered under the Act.
• Difficulty in Administration: It will be difficult for the government to differentiate between illegal migrants and those persecuted.
• Hampering Bilateral Ties: The Act throws the light on the religious oppression that has happened and is happening in these three countries and thus, may worsen our bilateral ties with them.

THE GOVERNMENT'S STAND ON THIS ISSUE

• The government claims that these persecuted migrants will be eligible to apply for citizenship only after intense assessment and recommendation of district authorities and state government.
• The government has also clarified that Pakistan, Afghanistan, and Bangladesh are Islamic republics where Muslims are in majority hence they cannot be treated as persecuted minorities.
• The beneficiaries under the Citizenship Amendment act can reside in any state of India – the burden of these persecuted migrants will be shared by the entire country and not only Assam.
• Moreover, these migrants were earlier given protection against legal action in the years 2015 & 2016. Long term visa protection was also granted to them. Thus the proposed amendment will only extend these benefits further to make these persecuted migrants eligible to apply for citizenship.

WAY FORWARD

• Comprehensive outreach and education campaigns to clarify the provisions and intent of the CAA to the public.
• Creating a streamlined and transparent application process to ensure the act's benefits are accessible without undue burden.
• Instituting robust mechanisms for the assessment and recommendation process by local authorities to ensure fairness and efficiency.
• Expanding support services for new citizens to facilitate their integration into Indian society, including language and employment assistance.
• Regular review and adjustment of the policy based on feedback from stakeholders and monitoring of its implementation to address any concerns or challenges that arise.

India has been a rich civilization. Therefore it is a novel effort to protect those who are prosecuted in its neighborhood. However, the methods must be under the spirit of the Constitution. Thus, CAA rules need to be of utmost transparency and should clear the apprehensions associated with CAA.

PRACTICE QUESTION

Q: What are the salient features of the Citizenship Amendment Act, 2019? Discuss its need and associated challenges. (10M,150W)