CAA - POLITY
News: Centre hands over citizenship
certificates to 14 under CAA
What's in the news?
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Months after the Union Ministry of Home Affairs
(MHA) notified the rules for implementation of the Citizenship (Amendment) Act,
which was enacted by Parliament in December 2019, Union Home Secretary Ajay
Bhalla physically handed over the first set of citizenship certificates to 14
applicants.
Key takeaways:
●
According to the MHA, many other applicants are
being given digitally signed certificates through email.
Backdrop:
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The Citizenship (Amendment) Bill, which sought to
fast-track the process of granting Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians (but not
Muslims) who migrated to India owing to religious persecution in Pakistan, Afghanistan and Bangladesh,
was passed by the Lok Sabha on December 9, 2019, and the Rajya Sabha two days
later.
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It received the President’s assent on December 12,
2019. The Centre had notified Citizenship (Amendment) Rules, 2024 on March 11.
Citizenship Amendment
Act, 2019:
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The citizenship laws in India derived their origins
from the constitution under Articles 5-11 and the Citizenship Act of 1955.
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This Act provided provisions for citizenship by
birth, descent, registration and naturalisation.
Key Features of the CAA,
2019:
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It amended the Citizenship Act of 1955 to make
illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians
from Afghanistan, Bangladesh and Pakistan, eligible for Indian citizenship.
Who are Illegal
Migrants?
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An illegal immigrant enters India without valid
travel documents or stays beyond the permitted time, potentially facing
prosecution, deportation, or imprisonment.
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Those from these communities who entered India on
or before December 31, 2014, would not be treated as illegal immigrants,
providing a path to naturalisation.
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However, it exempts
the Muslim community.
Relaxation:
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The amendment relaxed the residency requirement
from 11 years to 6 years for these
communities to acquire Indian citizenship by naturalization.
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It exempts members of these communities from
prosecution under the Foreigners Act of
1946 and the Passport Act of 1920.
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Applicants are exempt from being considered
"illegal immigrants".
Exception:
The amendments for illegal migrants will not apply to
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Certain tribal (under Sixth Schedule) areas in Assam, Meghalaya, Mizoram, and Tripura
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States regulated by the "Inner Line" permit under the Bengal Eastern Frontier
Regulation 1873.
Consequences of
Acquiring Citizenship:
It states that acquiring citizenship will result in
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such persons being deemed to be citizens of India
from the date of their entry into India.
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all legal proceedings against them in respect of
their illegal migration or citizenship being closed.
Grounds for Cancelling
OCI Registration:
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The 1955 Act allows the central government to
cancel OCI registrations on various grounds, with the amendment adding a new
ground for cancellation if the OCI violates a government-notified law.
Citizenship Amendment
Rules:
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The CAA 2024 rules now provide a framework for the
application process for those eligible under Citizenship Amendment Act 2019.
Application Process:
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The Citizenship Amendment Rules 2024, will enable
persons eligible under the Citizenship (Amendment) Act (CAA), 2019 to submit
their individual applications completely online to an Empowered Committee through a District Level Committee as may be
notified by the Central Government.
Eligible Applicants:
●
They include individuals of Indian origin, spouses
of Indian citizens, minor children of Indian citizens, individuals with
registered Indian citizen parents, and Overseas Citizens of India Cardholders,
among others.
Permissible Documents:
●
They include birth
certificates, tenancy records, identity papers, and any licence, school or
educational certificate issued by a government authority in Afghanistan,
Pakistan and Bangladesh.
● The applicants will have to produce an “eligibility certificate” issued by a “locally reputed community institution” confirming that he/she belongs to the “Hindu/ Sikh/ Buddhist/ Jain/ Parsi/ Christian community and continues to be a member of the above-mentioned community.