CAA - POLITY

News: Centre hands over citizenship certificates to 14 under CAA

 

What's in the news?

       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:

       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.

       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:

       The citizenship laws in India derived their origins from the constitution under Articles 5-11 and the Citizenship Act of 1955.

       This Act provided provisions for citizenship by birth, descent, registration and naturalisation.

 

Key Features of the CAA, 2019:

       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?

       An illegal immigrant enters India without valid travel documents or stays beyond the permitted time, potentially facing prosecution, deportation, or imprisonment.

       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.

       However, it exempts the Muslim community.

Relaxation:

       The amendment relaxed the residency requirement from 11 years to 6 years for these communities to acquire Indian citizenship by naturalization.

       It exempts members of these communities from prosecution under the Foreigners Act of 1946 and the Passport Act of 1920.

       Applicants are exempt from being considered "illegal immigrants".

 

Exception:

The amendments for illegal migrants will not apply to

       Certain tribal (under Sixth Schedule) areas in Assam, Meghalaya, Mizoram, and Tripura

       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

       such persons being deemed to be citizens of India from the date of their entry into India.

       all legal proceedings against them in respect of their illegal migration or citizenship being closed.

 

Grounds for Cancelling OCI Registration:

       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:

       The CAA 2024 rules now provide a framework for the application process for those eligible under Citizenship Amendment Act 2019.

 

Application Process:

       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.