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Citizenship Amendment Act (CAA) (SPECIALS)

Published: 14th Mar, 2024

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.

2: 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.

3: 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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