By – S. Jyotiranjan
The Citizenship Amendment Act, 2019 (CAA) has been a subject of intense debate and scrutiny since it has been introduced as a Bill, often sparking heated discussions across the political spectrum. Signed into law in December 2019, the CAA aims to provide an avenue leading to Indian citizenship for persecuted religious minorities from neighbouring countries such as Pakistan, Afghanistan, and Bangladesh. However, the true implications and benefits of the CAA have often been obscured by political rhetoric and misinformation. By delving into the intricacies of the CAA and its implementation, it becomes evident that it is indeed a blessing in disguise, offering hope and relief to thousands of persecuted individuals while safeguarding the interests of Indian citizens.
The recent notification of rules for the CAA by the Centre on March 11, this year, marks a significant step towards the implementation of this long-awaited legislation. The CAA primarily targets Hindu, Sikh, Buddhist, Jain, Parsi, or Christian migrants who entered India before December 31, 2014, fleeing religious persecution in their home countries. These individuals, often living in India illegally or on long-term visas, have faced years of hardship and uncertainty, deprived of basic rights and recognition. The CAA seeks to rectify this injustice by granting them Indian citizenship, thus offering them a chance at a dignified life free from persecution.
Contrary to misconceptions, the CAA is not a tool to discriminate against any minority community within India. Rather, it is a humanitarian gesture aimed at alleviating the suffering of those who have faced religious persecution in neighbouring Islamic states. Home Minister Amit Shah has reiterated the government’s commitment to upholding the rights of every Indian citizen, emphasizing that the sole religion followed by the government is the Constitution of India. This reaffirms the inclusive nature of the CAA, which seeks to protect the rights of persecuted minorities without encroaching upon the rights of Indian Muslims.
The historical context behind the CAA sheds light on the necessity and rationale behind its enactment. The partition of India on religious lines in 1947 led to the exodus of millions of Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from present-day Pakistan, Bangladesh, and Afghanistan. Subsequent decades saw a decline in the population of minority communities in these countries due to systemic discrimination and persecution. The failure of diplomatic efforts such as the Nehru-Liaqat pact of 1950 further exacerbated the plight of these minorities, necessitating legislative intervention to address their grievances.
Critics often question the selective inclusion of only three countries and the exclusion of Muslims from the purview of the CAA. However, historical precedent and the unique circumstances faced by persecuted minorities justify this targeted approach. Previous governments have granted citizenship to refugees from countries like Uganda and Sri Lanka based on reasonable qualifications to Article 14 of the Constitution. Similarly, the CAA addresses the specific plight of minorities facing religious persecution in Pakistan, Afghanistan, and Bangladesh, without violating constitutional principles.
The process of obtaining citizenship under the CAA has been streamlined to provide relief to eligible migrants while maintaining necessary safeguards. Applicants are required to prove their country of origin, religion, date of entry into India, and knowledge of an Indian language. The stringent requirements for valid travel documents have been relaxed, acknowledging the challenges faced by persecuted minorities fleeing their home countries. Moreover, the period of citizenship by naturalization has been reduced from 11 years to five, expediting the path to citizenship for eligible applicants.
The establishment of Empowered Committees and District Level Committees under the CAA rules ensures a fair and transparent process for processing citizenship applications. While some opposition-ruled states have expressed reluctance to implement the CAA, the central government has taken proactive measures to oversee the application process. These committees, comprising representatives from relevant government agencies, will review applications and make informed decisions based on established criteria, minimizing the influence of political considerations.
It is worth noting that the CAA builds upon previous initiatives aimed at addressing the plight of persecuted refugees. The amendment of citizenship rules in 2002 and subsequent notifications under different administrations laid the groundwork for the CAA, extending benefits to Hindu, Sikh, Christian, and Buddhist migrants from Pakistan. The CAA represents a culmination of these efforts, providing a comprehensive framework for granting citizenship to eligible refugees while upholding the rights of indigenous populations in northeastern states.
Contrary to fears of Indian citizens, the CAA does not infringe upon their rights or alter the legal process of acquiring Indian citizenship. Safeguards such as the exclusion of areas covered by the Sixth Schedule and the Inner Line Permit system ensure the protection of indigenous populations in northeastern states. Additionally, applicants are required to demonstrate continuous residency in India and provide detailed information about their whereabouts, safeguarding against potential abuse of the citizenship process.
The Citizenship Amendment Act emerges as a beacon of hope for persecuted religious minorities from neighbouring countries, offering them a chance at a new beginning in India. Far from being discriminatory, the CAA embodies the humanitarian values enshrined in the Constitution, seeking to alleviate the suffering of those who have endured years of persecution. Through its careful implementation and adherence to constitutional principles, the CAA stands as a testament to India’s commitment to justice, equality, and compassion for all.
About the writer:
The writer is Legal Advisor, KalingaTv, Advocate, Orissa High Court, Additional Central Government Standing Counsel, Central Administrative Tribunal, Cuttack Bench and Consulting Editor- Legal Affairs & Pubic Policy, The Pioneer. Views are personal.
Ms Kalinga