The Citizenship Amendment Act of 2019(CAA):In December 2019, the Indian Parliament enacted The Citizenship Amendment Act (CAA), which facilitates expedited Indian citizenship for non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan. Concerns have arisen due to discussions about implementing a National Register of Citizens (NRC) nationwide. Critics fear that the CAA, coupled with the potential NRC, may lead to religious discrimination in determining Indian citizenship, potentially resulting in the loss of rights for many Indian Muslims.
Introduction of CAA: The Citizenship Amendment Act of 2019(CAA)
The Indian Parliament (sansad) passed the Citizenship (Amendment) Act. 2019 (CAA) on 11.12. 2019. This amendment to the Citizenship Act of 1955 offers an expedited route to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan, specifically Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians, who arrived in India before the conclusion of December 2014. Notably, Muslims from these nations are not included in this provision. This legislative move marked the first instance of religion being explicitly utilized as a criterion for citizenship in Indian law, drawing widespread international criticism.
Citizenship Law :The Citizenship Amendment Act of 2019(CAA)
The Indian Constitution, enacted in 1950, initially ensured citizenship rights to all residents without discrimination based on religion. Subsequently, in 1955, the Indian government introduced the Citizenship Act, granting citizenship to individuals born within India with certain limitations. Additionally, the Act outlined two pathways for foreigners to obtain Indian citizenship. Residents from “undivided India” could register after seven years of residency, while those from other nations could pursue naturalization after twelve years of residency.
In response to political events, notably the Assam movement of the 1980s targeting migrants from Bangladesh, revisions to the Citizenship Act were prompted. The first amendment occurred in 1985 following the Assam Accord signed by the Rajiv Gandhi government. This amendment provided citizenship to Bangladeshi migrants who arrived before 1971, albeit with certain conditions. Moreover, the government committed to identifying and removing post-1971 migrants from electoral rolls, subsequently deporting them from the country.
Legistative History: The Citizenship Amendment Act of 2019(CAA)
| Aspect | Details |
| Citation | Act No. 47 of 2019 |
| Passed by | Lok Sabha |
| Passed | 10 December 2019 |
| Passed by | Rajya Sabha |
| Passed | 11.12.2019 |
| Assented to | 12.12.2019 |
| Signed by | (President of India) Shri Ramnath Kovind |
| Signed | 12.12.2019 |
| Effective | 10 January 2020 |
| Legislative history | |
| First chamber | Lok Sabha |
| Bill title | Citizenship (Amendment) Bill, 2019 |
| Bill citation | Bill No. 370 of 2019 |
| Introduced by | Amit Shah(home minister of india) |
| Introduced | 9.12.2019 |
| First reading | 9.12.2019 |
| Second reading | 10.12. 2019 |
| Third reading | 11.12. 2019 |
| Amends | Citizenship Act, 1955 |
| Status | In force |
THE AMENDMENT
The Citizenship (Amendment) Act of 2019 brought about significant changes to the Citizenship Act of 1955. It introduced provisions allowing for the inclusion of specific religious minority groups from Afghanistan, Bangladesh, and Pakistan who entered India prior to December 31, 2014, and were exempted from certain legal provisions by the Central Government. Additionally, a new section, 6B, was added, enabling the Central Government or designated authorities to grant certificates of registration or naturalization to eligible individuals
The act also defined “exempted” classes of persons, primarily minorities from Bangladesh and Pakistan who sought refuge in India due to religious persecution, extending exemptions from certain provisions of the Foreigners Act, 1946. Amendments to the rules in 2016 included Afghanistan in the list of eligible countries. Furthermore, the act provided exemptions for certain northeastern regions of India, such as the tribal areas of Assam, Meghalaya, Mizoram, or Tripura, as well as areas under “The Inner Line” notification.The Citizenship Amendment Act of 2019(CAA)
BJP’s Efforts: The Citizenship Amendment Act of 2019(CAA)
The Bharatiya Janata Party (BJP) has consistently emphasized the need to tackle illegal migration and offer sanctuary to persecuted religious minorities, especially Hindus, from neighboring Muslim-majority nations. This commitment has translated into election pledges and subsequent legislative actions, such as the enactment of the Citizenship Amendment Act in 2019.
Currently, India hosts over 456,000 refugees, including about 200,000 from non-neighboring countries supported by the UNHCR. Efforts to draft laws for the naturalization of refugees have faced challenges related to managing a large influx, urban infrastructure, service costs, tribal protection, and the impact on local poverty levels.The Citizenship Amendment Act of 2019(CAA)
CONNECTION WITH NRC
The National Register of Citizens, mandated by a 2003 amendment, registers legal citizens. Implemented in Assam since January 2020, BJP plans to extend it nationwide. It aims to document legal citizens, identifying potential illegal immigrants. Concerns arise about the Citizenship Act amendment favoring non-Muslims fleeing persecution, potentially targeting Muslims. Home Minister Amit Shah assures minority citizens won’t face victimization. However, the purpose of NRC is to identify citizens, leaving some questions unanswered.
Migrants & Refugees
In India, a significant number of illegal immigrants, primarily from Bangladesh, reside, with estimates ranging from 12 to 15 million in the early 2000s. The reasons for migration include porous borders, historical ties, economic factors, and cultural connections. Some illegal migrants have gained voting rights, sparking controversy over electoral manipulation.
Bangladeshi scholar Abul Barkat notes a substantial migration of Hindus to India due to religious persecution in Bangladesh, with an estimated annual rate of over 230,000 between 1964 and 2013. Additionally, a small number of Pakistani Hindu refugees also seek asylum in India each year, citing religious persecution.
India, despite hosting a significant number of refugees, is not a signatory to the UN Refugee Convention and lacks a national refugee policy. Refugees are classified as “illegal migrants,” with the traditional stance being that they must return home once conditions stabilize.
FAQ
what is caa law
This amendment to the Citizenship Act of 1955 offers an expedited route to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan, specifically Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians, who arrived in India before the conclusion of December 2014.
caa full form
Citizenship Amendment Act
1 thought on “The Citizenship Amendment Act of 2019(CAA): Exploring Controveries and Their Effects”