What Happens Next
MHA has readied a portal for the convenience of applicants as the entire process will be online. Applicants will have to declare the year when they entered India without travel documents. No document will be sought from applicants, reports have quoted officials as saying. The law itself says that benefits under CAA will be given to undocumented minorities from the three neighbouring countries.Areas Where CAA Does Not Apply
The amendments introduced by CAA do not apply to areas covered by the Constitution’s sixth schedule. These are the autonomous tribal-dominated regions in Assam, Meghalaya, Tripura, and Mizoram. This means migrants belonging to the identified communities from Afghanistan, Bangladesh, and Pakistan based on religion can’t be given Indian citizenship if they are residents in these areas. CAA also does not apply to states with an inner-line permit (ILP) regime — primarily in North-East India.
READ MORE: CAA Notified: From cheers to jeers, here’s what political leaders are saying
Changes Now That CAA Rules Are Notified
Since 2022, the government has allowed 31 district magistrates and home secretaries of nine states to grant Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who have come from Afghanistan, Bangladesh and Pakistan under the Citizenship Act, 1955. These nine states are Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi and Maharashtra. According to the Ministry of Home Affairs (MHA)’s annual report for 2021-22, at least 1,414 foreigners belonging to these non-Muslim minority communities from Pakistan, Bangladesh and Afghanistan were given Indian citizenship by registration or naturalisation under the amended Citizenship Act, 1955.
READ MORE: What is Citizenship (Amendment) Act (CAA)? All you need to know
Why CAA Notification Was Delayed
The delay is mainly for two reasons: the outbreak of mass protests in several parts of the country, leading to clashes between the agitators and the authorities, and the impact of the Covid-19 pandemic that hit India in March 2020. The Manual on Parliamentary Work says that the rules for any legislation should be framed within six months of Presidential assent or seek an extension from the Committees on Subordinate Legislation in Lok Sabha and Rajya Sabha. Since 2020, the Union home ministry has been taking extensions at regular intervals.
Significance of CAA Changes
The provisions of the Citizenship Act of 1955 previously barred illegal migrants in India from obtaining Indian citizenship. CAA now provides a legal pathway to citizenship for certain persecuted minorities from Afghanistan, Bangladesh, or Pakistan who arrived in India before 2015, reducing the residency requirement from 11 years to five years.
Opposition and Government Defense
Opposition to CAA has been based on concerns of discrimination against Muslims and its potential impact on the Assam Accord of 1985 and the National Register of Citizens (NRC) process. However, the government defends CAA on grounds of historical obligation, humanitarian grounds, and the protection of religious minorities facing persecution in the neighboring countries.
READ MORE: ‘Chronology samajhiye’: How the opposition parties reacted to CAA notification
CAA Rules Notified
Eligibility Criteria:
- An individual of Indian origin seeking registration as a citizen of India.
- An individual married to a citizen of India, seeking registration as a citizen of India.
- An application from a minor child of an Indian citizen, seeking registration as a citizen of India.
- An individual whose parents are registered as citizens of India, seeking registration as a citizen of India.
- An application from an individual who or either of their parents was a citizen of Independent India, seeking registration as a citizen of India.
- An individual who is registered as an Overseas Citizen of India (OCI) Cardholder.
Documents Required for Citizenship by Naturalization:
- Application form (Form VIIIA) with all necessary details and documentation.
- Affidavit verifying the correctness of the statements made in the application.
- Affidavit from an Indian citizen testifying to the applicant’s character.
- Declaration from the applicant confirming adequate knowledge of one of the languages specified in the Eighth Schedule to the Constitution.
Application Process:
- Submission of the application electronically to the Empowered Committee through the District Level Committee designated by the Central Government.
- Upon submission, an acknowledgment in Form IX is electronically generated.
- Verification of documents by the District Level Committee, led by a Designated Officer.
- Administration of the oath of allegiance to the applicant by the Designated Officer.
- Forwarding of the signed oath and document verification confirmation to the Empowered Committee.
- Consideration of refusal if an applicant fails to appear in person despite reasonable opportunities.
- Each application must be accompanied by copies of documents specified in Schedule IA and IB, as well as an affidavit in the format specified in Schedule IC.
The process aims to ensure that applicants meet the necessary criteria and fulfill legal obligations for citizenship under section 6B of the Citizenship Act, 1955.
Status of Petitions Challenging Constitutional Validity of CAA
Regarding the status of petitions challenging the constitutional validity of the CAA, several petitions have been filed by various individuals and organizations, including politicians, student unions, and NGOs. The Supreme Court of India has issued notice to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA.
The ministry of home affairs on Monday notified the Citizenship Amendment Rules. The rules will now facilitate minorities facing persecution on religious grounds in Pakistan, Bangladesh, and Afghanistan to obtain Indian citizenship.
