The Home Ministry Notifies CITIZENSHIP AMENDMENT RULES 2024
Its Raison D'etre
-Replaces the erstwhile Citizenship Rules 2009, which was notified on Feb 25, 2009
-Expedites citizenship of minorities from Pakistan, Bangladesh, Afghanistan on grounds of persecution
-Inserts a clause which deals with ''Grant of citizenship by naturalisation'' by Government authority
-Provides details of application forms, scrutiny process, documents to be shared, etc
The Big Question- Do Muslims In India Have Anything To Fear Due To CAA?
Be it the Citizenship Act of 1955 or the Citizenship Amendment Act passed in Parliament in December 2019, there is no mention of any clause that
-Takes away citizenship rights on the basis of religion
-Permits deportation or imprisonment on the basis of religion
However, the Citizenship Act of 1955 does lay out several conditions under which Citizenship can be
1.
Deprived (in case citizenship is acquired by fraud, false representation, or disloyalty towards India shown, etc)
2. Renunciated (if the person wishes to give up his citizenship)
3. Terminated
What The CAA Claims To Do?
It amends the CA 1955 to make "illegal migrants" from Pakistan, Afghanistan & Bangladesh eligible for citizenship if
-They are from the Hindu, Sikh, Parsi, Jain, Buddhist & Christian communities
-Entered India before December 31, 2014
-Exempted under Sec 3 (2) (c) of Passport (Entry into India) Act
-Exempted from provisions of the Foreigners Act, 1946
In simple words, the Act expedites their citizenship by reducing the time period required for 'Citizenship by Naturalization,' conditions applying.
What About Muslims From Pakistan, Bangladesh, Afghanistan?
As per the CA 1955, there are several clauses under which Citizenship is granted
1. Birth
2. Descent
3. Registration
4. Naturalisation
Qualifications Of Naturalisation
1. The person resided in India for 12 years (throughout the 12 months before the application).
and
2. The person resided in India for 11 years out of the total 14 years (preceding the 12-month period)
and
3. The person is not an illegal immigrant under the Indian Law
So, Indian citizenship is not closed to Muslims from Pakistan, Bangladesh, Afghanistan, but conditions apply.
Why Is The Modi Govt ''Expediting Citizenship'' To Minorities From Pakistan, Bangladesh & Afghanistan?
As per the Statement of Reasons mentioned in the CAA 2019 draft:
1. The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion
2. Many Hindu, Sikh, Buddhist, Jain, Parsi, Christian persons faced persecution on grounds of religion
The CAA 2019, says, "Some of them also have fears about such persecution in their day-to-day life where right to practice, profess and propagate their religion has been obstructed and restricted. Many such persons have fled to India to seek shelter and continued to stay in India even if their travel documents have expired or they have incomplete or no documents."
The Government has assumed that since Pakistan, Bangladesh & Afghanistan have Islam as a state religion, the Muslims in those nations cannot be persecuted.
How Valid Is The Govt's Claim?
In December 2021, MoS Home Nityanand Rai told Parliament that 3,117 members of minority communities from Pakistan, Bangladesh, and Afghanistan had been granted Indian citizenship between 2018 to 2021. He said that as of December 14 of that year, 10,635 applications are still pending. Rai said Pakistani nationals accounted for 70% of the applications.
The Indian government grants citizenship to migrants who have applied for Citizenship, via the Registration or the Naturalisation route. Further, 30 Districts Magistrates & Home Secretaries of 9 states have been empowered to grant citizenship to non-Muslims from Pakistan, Bangladesh & Afghanistan.
Where Will The CAA Not Apply?
As per the CAA, 2019, "Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873."
Conclusion
While the Government does make an exception in expediting citizenship to illegal migrants from Pakistan, Bangladesh & Afghanistan on religious grounds, the CAA has no clause to deny citizenship to any Indian on the grounds of religion.
The Home Ministry in a tweet on X has said, ‘The applications will be submitted in a completely online mode for which a web portal has been provided.’ However, no further details have been provided.
While the Government helmed by the BJP has made it clear that the remit of the act extends only to granting citizenship, it remains to be seen what role it plays in ensuring that the embers of NRC do not flare up ahead of the Lok Sabha elections. In March 2023, the Government had told the Parliament, that it had no plans for an NRC (National Register of Citizens) at the national level.
(Edited by : Anand Singha)
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