What's Brewing

The Citizenship Act 1955 deals with provisions for persons who are eligible to acquire Indian citizenship. Those who reside in the country without acquiring Indian citizenship are considered illegal (im)migrants. Such migrants are dealt with in accordance with the provisions of two other Acts – the Passport Act, 1920 and the Foreigners Act 1946. This is due to such people either not having valid travel documents (passport, visa) or such documents having expired. Typically, illegal migrants are either deported back to the country of their origin or imprisoned in Indian prisons.

The Citizenship Amendment Bill 2019 was a controversial amendment to the Citizenship Act 1955. The Bill was passed on 11th December 2019 amidst stiff opposition. The CAA sparked national and international outcry and opposition. The Act is being opposed on grounds of religious discrimination against Muslims. Muslims have been excluded from the category of persecuted minorities and hence not eligible to obtain Indian citizenship. This amounts to violation of right to equality granted by the Indian Constitution and threatens the secular fabric of the Country as enshrined in the Constitution.

The Act (in)famously known as ‘CAA’ came into force on 10th January 2020 but could take effect only after notification of the Rules. Four years later, on 11th March 2024, the government notified the CAA Rules re-igniting controversy. Politics, religion and vote bank aside, a look at the CAA from an objective legal perspective.

Citizen Amendment Act 2019: Decoded

Key amendments passed in the 2019 Act:

Amendment 1

As per the CAA 2019 any individual who belongs to Hindu, Jain, Christian, Sikh, Buddhist, Parsi community(s) – persecuted religious minorities in  Pakistan, Afghanistan and Bangladesh and illegally migrated into India on or before 31.12.2014, shall not be treated as illegal migrants and shall be eligible to apply for Indian citizenship.

Applicability:
Essentially, three conditions must be satisfied for an illegal migrant to seek Indian citizenship: 

• must have migrated illegally from 3 countries – Pakistan, Afghanistan, or Bangladesh;
• must have belonged to 6 persecuted religious minorities – Hindus, Jains, Sikhs, Buddhists, Parsis and Christians from the above 3 countries; 
• must have migrated into Indian on or before 31.12.2014.

Eligibility:

• The illegal migrants must have stayed in India for at least 5 years to be eligible to apply for citizenship through naturalization. Previously the time was 11 years. The CAA 2019 has amended the provision to make residence period in India for 5 years only. 
• Such illegal migrants who seek citizenship shall not be prosecuted for either not having valid travel documents or overstaying in the country.

Non- applicability:
The above provisions of citizenship for illegal migrants shall not apply to 

• the areas included in the Sixth Schedule of the Indian Constitution. Now the schedule contains a list of tribal areas where there is autonomous administration. This is done with the objective of preservation of the indigenous tribal communities and their  population. The tribal areas are located in Garo Hills, Meghalaya, Chakma district in Mizoram, Tripura tribal areas district and Karbi Anglong in Assam.
• Illegal migrants in areas which have an ‘Inner Line Permit’ (ILP). Now ILP is a travel document which is required to be obtained by Indians or foreign tourists travelling to restricted / protected areas in amongst others some Nort eastern States –  Arunachal Pradesh, Mizoram, Nagaland, Sikkim. The objective – to regulate movement in States located near the international border.   

The CAA Rules notified recently contain detailed provisions on how illegal migrants can apply for Indian citizenship including documents and details to be submitted by them. Interested persons could access the online link https://indiancitizenshiponline.nic.in/ for the same.

Amendment 2

The Central government has the power to cancel the OCI registration of Indians living abroad on certain grounds. CAA 2019 includes an additional ground: if the OCI has violated any laws notified by the central government, then after giving an opportunity to be heard, the OCI card may be cancelled.

The amendment relating to providing citizenship to illegal migrants belonging to 6  persecuted religious minorities in 3 countries which has a religious majority has unleashed  barrage of criticism at the rational and timing of the amendments. A slew of petitions has been filed in Supreme Court praying for stay of the CAA. the cases are expected to be heard in the coming weeks. All focus is now on the Courts’ outcome. Clearly, a lot is brewing in the nation.