By John Singarayar
Mumbai, March 12, 2024: The Citizenship (Amendment) Act, 2019 (CAA) has ignited intense debates and controversies since its inception, with recent notifications regarding its implementation reigniting discussions about its implications.
It is time we critically examined the CAA’s implications, implementation process, and socio-political ramifications, delving into its understanding, historical context, legal concerns, impact on minority communities, implementation challenges, humanitarian considerations, international response, and diplomatic ramifications.
Understanding the CAA
The CAA aims to grant expedited citizenship to undocumented non-Muslim migrants from neighbouring countries who entered India on or before December 31, 2014. By targeting specific religious groups—Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians—while excluding Muslims, it raises concerns about its constitutionality and alignment with India’s secular ethos.
Implications of Selective Inclusion
The selective exclusion of Muslims from the CAA raises questions about its discriminatory nature and undermines India’s secular fabric. Critics argue that privileging certain religious communities over others contradicts principles of equality and non-discrimination, both domestically and internationally.
Historical Context and Political Motivations
The timing of the CAA’s enactment amidst widespread protests highlights its political motivations, aligning with the ruling government’s Hindutva ideology. By polarizing communities along religious lines, it serves as a tool for consolidating power, raising concerns about its impact on India’s pluralistic ethos.
Legal and Constitutional Concerns
Contesting the CAA’s constitutionality revolves around its violation of secular principles enshrined in the Indian Constitution. Critics argue that privileging certain religious groups undermines the fundamental right to equality before the law and contradicts the secular vision of India’s founding fathers.
Impact on Minority Communities
While purporting to provide refuge to persecuted minorities, the CAA’s exclusionary nature marginalizes Muslim minorities within India, exacerbating communal tensions and feelings of alienation. Concerns also arise regarding stateless Muslim minorities, like Rohingya refugees, who are not covered by the CAA.
Implementation Challenges
The recent notification of rules for CAA implementation presents practical challenges, including identifying and verifying eligible migrants. The lack of clarity in defining persecution criteria and documentation requirements complicates the process, with bureaucratic hurdles and potential discrimination posing obstacles to fair implementation.
HumanMuitarian Considérations
While claiming to provide sanctuary to persecuted minorities, the CAA overlooks other forms of persecution and urgent humanitarian needs, focusing solely on religious identity and citizenship. This approach fails to address broader humanitarian concerns, including access to basic services and protection from violence.
International Response and Diplomatic Ramifications
The CAA’s discriminatory provisions have drawn international criticism, straining India’s relations with neighbouring countries like Bangladesh and raising questions about its commitment to democratic values and minority rights. Global human rights bodies have scrutinized India’s stance, highlighting concerns about regional stability and minority protections.
The Citizenship (Amendment) Act, 2019, marks a significant development in India’s immigration policy, but its selective criteria, constitutional concerns, and humanitarian implications warrant critical scrutiny. As India balances accommodating persecuted minorities with upholding secular principles, it must navigate a delicate path towards inclusivity, justice, and harmony within its diverse society. The true test of the CAA lies in its ability to reconcile humanitarian imperatives with constitutional values, ensuring a fair and equitable approach to immigration policy.
(John Singarayar, attached to Mumbai’s Institute of Indian Culture, has a doctorate in Anthropology.)
I do not see anything wrong in CAA. Minorities (non-Muslims) are hounded in Muslim countries. The CAA will help them settle in India. Why should Muslims desire citizenship in India, leaving their Muslim country?
The question that has been coming up very often, why resurrect CAA now just before the general election? Is it intended to create mass confusion and polarisation? Or is it to deflect citizens’ attention from the whole process of Electoral Bonds being termed by the Supreme Court of India “unconstitutional and manifestly arbitrary?” Coincidentally, CAA has been resurrected after the Supreme Court threatened the State Bank of India with penal action for dragging its feet on the Bonds disclosure. Whether it is Demonetization or CAA or NRC, the current ruling dispensation just revels in taking citizens by surprise. Shall we say Surgical Strike?
As per the Economic Times of 12 March 2024, persons who belong to minority communities in Islamic countries namely Afghanistan, Pakistan and Bangladesh and are persecuted on religious grounds can apply for grant of Indian citizenship under the Citizenship (Amendment) Act 2019. These six minority communities are: Hindus, Sikhs, Buddhists, Jains, Parsis and Christians. Only those had sought shelter in India before December 31, 2014, are eligible to apply online under the Act.
For this purpose the Ministry of Home Affairs (MHA) on Tuesday launched a portal https:/indiancitizenshiponline.nic.in. The government will soon be rolling out mobile app, called CAA-2019, to facilitate applications through phones.
As the CAA is for UNDOCUMENTED people from the six communities, several documents including those issued by Government authority in Pakistan, Afghanistan and Bangladesh need to be uploaded by CAA applicants to get citizenship.
DOCUMENTS REQUIRED
For applying for Indian citizenship under CAA any document issued by a government authority in Afghanistan or Bangladesh or Pakistan to establish that the applicant is from either of these countries is valid for the citizenship process. This applies even if the document is past its validity period. The applicant can submit any of the following documents: (i) Copy of passport issued by Afghanistan, Bangladesh or Pakistan government (ii) birth certificate issued by a government authority in these countries (iii) educational certificate from a school/college/board or university in Afghanistan, Bangladesh or Pakistan (iv) identity document of any kind issued by government authorities in these countries (v) residential permit issued by Foreigners Regional Registration Officer or Foreigners Registration Officer in India (vi) any licence issued by government authorities in these three countries (vii) land or tenancy records in these countries (viii) Any document that shows that either of the parents or grandparents or great-grandparents of the applicant is or had been a citizen of these countries.
The applicants will have to produce an “eligibility certificate” issued by a “locally reputed community institution” confirming that he or she belongs to “Hindu, Sikh, Buddhist, Jain, Parsi and Christian community and continue to be a member of the above mentioned community.
CAA is only for UNDOCUMENTED persons (from the above-mentioned six minority communities), who had sought shelter in India before December 31, 2014. Therefore those who have Aadhaar, PAN Card, Voter Card or Indian Passport need not apply for citizenship under CAA-2019. This applies all inhabitants of India, irrespective of their religion. So the best bet would be NOT TO LOG IN to the portal, if one has Aadhaar, PAN Card, Voter Card or Indian Passport.
Contrary to misinformation being circulated on social media, there is no bar on Muslims from other countries seeking Indian Citizenship. For this they have to apply under the normal Indian Citizenship Act and not under CAA-2019. Internationally famed singer-musician Adnan Sami renounced his Pakistani citizenship and acquired Indian citizenship in 2016.
According to Live Law 12 March 2024, the Union Ministry of Home Affairs said that no Indian citizen would be asked to produce any document to prove their citizenship after the Citizenship Amendment Act 2019.