Introduction to the Citizenship Amendment Act (CAA) 2019
The Union Ministry of Home Affairs notified the Rules under the Citizenship(Amendment)Act (CAA), 2019, on March 11, barely a month before the Lok Sabha election, paving the way for the controversial law’s countrywide execution. These rules define how eligible people can submit applications to the CAA for Indian citizenship. The application portal for this has been created for the online application mode where people can visit and apply for it.
Eligibility Criteria and Application Process
Immigrants from religions such as Hindu, Sikh, Jain, Buddhist, Christian, and Parsi who are from Afghanistan, Bangladesh, and Pakistan entered India before December 31, 2014, both legally or illegally, and those who have resided in the country for at least five years may find it simpler to get Indian citizenship according to the CAA. The revised regulations clarify what paperwork has to be submitted with the application.
The law, as claimed by the Narendra Modi-led BJP government, aims to provide Indian citizenship to refugees who suffered religious persecution in the three neighboring countries but sought refuge in India. These laws will make it feasible for religious minorities who have suffered from persecution in Pakistan, Bangladesh, and Afghanistan because of their faith to become legal citizens of India.
Paradoxically, the law does not mention the fact that it only applies to individuals who were oppressed. It doesn’t say that this law will exclusively extend to sufferers of persecution or refugees. Furthermore, no proof of persecution in any of these three countries must be submitted by the applicant per the latest published rules. In a nutshell, the ones who are members of these six religious groups entered India before December 31, 2014, and have resided in the country for five years are qualified to apply for citizenship, providing they have one of the supporting documents mentioned in the rules.
Despite Hindus being the majority of the population in India, they are a minority and often suffer discrimination in three neighboring nations Bangladesh, Pakistan, and Afghanistan. Because of this, they often enter India illegally. The goal of the CAA is to provide citizenship to these persecuted Hindus as well as other religious sects including Buddhists, Jains, and Sikhs. The list has added Christians and Parsis additionally. The CAA doesn’t apply to Muslims as it is presumed that these people are not likely to suffer persecution in the three countries where Muslims are in the majority.
Two aspects are essential to bear in the forefront while understanding CAA. First of all, it only is limited to those who, before December 31, 2024, fled from these countries and sought shelter in India, either legally or illegally. For instance, since Kashmir’s independence, nearly 80,000 refugees from West Pakistan, mostly Hindus-have resided here without getting citizenship rights. They are going to be legal through the CAA. Second, using other already in-place legal routes, any citizens of these countries, or any other country in the world, including Muslims, can apply for Indian citizenship.
Objectives and Controversies Surrounding CAA
Citizenship Amendment Act (CAA) 2019 is broad and therefore is of greater significance. No one’s citizenship is being taken away. It grants citizenship to immigrants, both legal and illegal, from three countries and six religious groups. No Muslim in India is losing their right to citizenship due to the CAA. It implies that Muslims who are undocumented immigrants from countries nearby are unlikely to be given citizenship. Thus, there is no need to worry that Muslims would be stripped of their citizenship. It has nothing to do with India’s present citizenship.
Critics said that the CAA has violated Article 14 of the Constitution, which ensures equal rights before the law for everyone living within India, by barring Muslims. In its reply, the Centre argued that CAA fulfilled the criteria for “reasonable classification” under Article 14. The Supreme Court has determined that Article 14 enables the state to categorize people, things, and activities in a “reasonable” manner to achieve specific objectives that promote the development of society.
Public Reactions and Protests
All through the past, Muslims all over India and people from Assamese populations and all faiths have spoken out against the CAA. Muslim protest was seen as politically motivated because it was centered on incorrect assumptions. The CAA wasn’t going to impact existing Muslim citizens in the least. It was simply a further facility that was restricted to Muslims as it was believed they would not need it.
Yet in the Northeast, the main worry over the Citizenship Amendment Act (CAA) 2019 centered around the possibility that illegal Hindu immigrants who spoke Bangla could become citizens of India. Because of their history, people in the Northeast are suspicious of those who speak Bengali. A specific instance is the absence of political power endured by the tribal people of Tripura as a consequence of the immigration of Hindus from Bangladesh who speak Bangla. The native inhabitants of the Northeast and Bangla speakers have numerous disputes regarding which group is more influential when it comes to language and culture.
Regional Concerns and Exclusions
Thus, the official recognition of Hindu immigrants who speak Bangla by the CAA could give them a demographic advantage while giving them political influence. Massive protests against CAA have been taking place in Assam as a consequence of this concern. Sensing challenges, the Union government had previously removed the tribal belts of Assam, almost all of Tripura, Meghalaya, Nagaland, Manipur, and Mizoram from the Citizenship Amendment Act (CAA) 2019 purview.