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12th March 2024 (9 Topics)

Citizenship Amendment Act (CAA)

Context

The Ministry of Home Affairs notified the implementation of the Citizenship Amendment Act (CAA), facilitating citizenship for undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan, passed by Parliament in December 2019.

1. Dimension- Impact of CAA

Citizenship: CAA was introduced to benefit the six minorities from the neighbouring countries of Pakistan, Afghanistan and Bangladesh. The citizens of India will not be impacted by the CAA.

Preservation: The objectives of the CAA are centred around removing legal barriers that impede the resettlement and attainment of Indian citizenship for migrants, thereby preserving their cultural, linguistic, and social identity. 

Economic benefits: Furthermore, the legislation aims to ensure economic, commercial, freedom of movement, and property acquisition rights for these migrants.

Why only these three countries? The CAA deals with religious persecution in three neighboring countries where the Constitution provides for a specific state religion. Followers of other religions have been persecuted in these three countries.

1. Dimension- Concerns vs Significance

Concerns

  • Discrimination against Muslims: Critics argue that the CAA discriminates against Muslims. However, Muslims are not included in CAA as they are not in minority in the specified countries.
  • Potential Impact on NPR and NRC: There are apprehensions about the potential implications of the CAA on the National Population Register (NPR) and the proposed National Register of Citizens (NRC).

Significance

  • The Centre has defended the CAA on several grounds:
  • Historical Obligation: India bears a historical responsibility and moral obligation to provide refuge to persecuted minorities from Afghanistan, Pakistan, and Bangladesh.
  • Humanitarian Grounds: The CAA is framed as a humanitarian response to the plight of religious minorities who have endured persecution in the neighboring countries.
  • Protection of Religious Minorities: The primary aim of the CAA is to offer legal protection and a pathway to citizenship for religious minorities.

2. Dimension- Connection with NRC

  • The National Register of Citizens (NRC) has only thus far been introduced in Assam, a region battling challenges due to illegal immigration. The aim is two-pronged: to expunge unauthorised entries and act as a deterrent against prospective migrations.
  • CAA has no link with NRC. 

Fact Box:

About CAA

  • The legislation grants citizenship to six minorities (Hindu, Sikh, Buddhist, Jain, Parsi, and Christian) fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh.
  • The citizenship will be granted to those who entered India from these countries on or before December 31, 2014.
  • CAA is an amendment to the Citizenship Act of 1955. According to CAA, the migrants will be granted fast track Indian citizenship in six years.
  • The amendment also relaxed the residence requirement for naturalization of these migrants from eleven years to five. This deviates from the previous norm of a 12-year residency requirement for naturalisation.

Eligibility for Citizenship under Section 6B:

  • Individuals of Indian origin.
  • Individuals married to Indian citizens.
  • Minor children of Indian citizens.
  • Individuals whose parents are registered Indian citizens.
  • Individuals or their parents who were citizens of Independent India. 
  • Individuals registered as Overseas Citizen of India Cardholders.
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