The Citizenship (Amendment) Act 2019 was passed by both houses of Parliament in December 2019. After enduring a four-year struggle, the detailed 39-page rules outlining the qualifications and procedures of the Citizenship (Amendment) Act of 2019 were officially notified in the Gazette of India on 11th March 2024. This significant development signals the commencement of the Act’s implementation, marking a decisive step towards fulfilling the promises laid out by the framers of the Constitution.
The provisions governing citizenship are delineated in Articles 5 to 11 of the Indian Constitution. Upon the implementation of the Constitution of India on 26th January 1950, individuals born in British India automatically acquired Indian citizenship. However, numerous residents from the former princely states refrained from acquiring Indian citizenship. Subsequently, in 1955, the Citizenship Act was enacted, granting citizenship to all such individuals.
The Citizenship Act underwent amendments in 1986, 1992, 2003, and 2005 to extend citizenship to individuals residing in territories integrated into India following the resolution of land disputes. These territories include regions from Goa, Daman and Diu, Dadra and Nagar Haveli, Pondicherry, Karaikal, Mahe, Yanam, Bangladesh, and Pakistan. The Citizenship Amendment Act of 2019 was enacted to offer Indian citizenship to minorities in Muslim-majority neighbouring nations such as Pakistan, Bangladesh, and Afghanistan. These minority communities include Hindu, Sikh, Christian, Buddhist, Jain, and Parsi communities.
The rules notified in the Gazette are simple, easy to work, and sensible. In this, the complex process has been simplified to remove all the obstacles in obtaining citizenship. Under this, the applicant will have to submit any one of the 20 documents like his or her father’s / grandfather’s / grandfather’s passport issued by the Government of Pakistan / Bangladesh / Afghanistan or any document related to citizenship there, residential permit issued by the Government of India or birth/marriage certificate, Aadhaar card, PAN card, driving license, ration card, bank passbook, post office account, life insurance policy etc.
In the absence of certificates from the aforementioned lists, individuals will need to affirm their eligibility by providing an affidavit. Certificates issued by local governing bodies such as Gram Panchayat, Nagar Palika, or Municipal Corporation, confirming the date of asylum in India, are also accepted. Moreover, instead of applying at the District Magistrate’s office, individuals can now submit their applications through a centralised online portal.
The Act previously had a narrow list of acceptable documents for submission by applicants. Now, it has been significantly expanded to include a more comprehensive range. Additionally, candidates were required to present a certificate from an educational institution demonstrating proficiency in any one of the 22 languages listed in the Eighth Schedule, along with an affidavit of qualification from two Indian citizens other than themselves. These stringent regulations and complex procedures have been streamlined to ensure that the targeted community can promptly and effectively access the anticipated benefits of this Act.
Since 2019, opposition-ruled states such as West Bengal, Kerala, Tamil Nadu, Delhi, and Punjab have openly opposed the Citizenship Amendment Act (CAA). This opposition is rooted in the longstanding tradition of political appeasement towards the Muslim community.
Considering the lack of cooperation from parties engaged in communal politics and their respective state governments, a ‘Central Competent Committee’ will be established to streamline the citizenship application process. This committee will include representation from the relevant state governments.
District-level committees will also be formed to support the aforementioned committee, with their role being to initiate preliminary actions. This adjustment aims to mitigate unwarranted opposition and interference from state governments. It’s important to note that citizenship falls within the purview of the central list in the Constitution.
It remains concerning that minority communities such as Hindus, Sikhs, Christians, Jains, Buddhists, and Parsis in neighbouring Muslim-majority countries continue to face inhumane treatment and persecution. Since 1947, the number of displaced individuals in India has steadily risen due to religious persecution in these countries.
It is our moral and humanitarian duty to accept persecuted religious minorities as Pakistan did not comply with the Nehru-Liaquat Agreement for the Protection of Minorities. Those who have been persecuted for years due to religious reasons, whose homes, property and shelter have been left out, should they also be denied the right to lead a normal life? And should a country ignore them, of which they were citizens before partition? They were also assured of their safety, dignity and rights.
The religious faith with which they have been brought up, the faith which they value more than their lives, because of that faith and belief, they have to suffer humiliation, neglect and persecution. Seventy-five years ago, they were residents of this country, so naturally, they would expect refuge and help from their motherland India. A constitutional solution to this problem and fulfilling its pre-assurance was necessary for a sovereign nation.
Therefore, this bill to grant citizenship was necessary to protect the human rights of persecuted minorities (who have been living as illegal migrants for decades) from Pakistan, Bangladesh and Afghanistan. These countries have been incapable of protecting the rights of their minorities. Therefore, India has made this amendment considering it its duty to protect its citizens of undivided India on humanitarian grounds.
This amendment aims to provide a dignified life to persecuted religious minorities who are unable to freely practice their faith in their home countries. Under the Citizenship Act of 1955, illegal migrants were ineligible for Indian citizenship. They could apply for citizenship under Section 5 of the Citizenship Act, but if unable to provide evidence of Indian origin, they were required to pursue citizenship through “naturalization” under Section 6. This often resulted in the deprivation of numerous opportunities and benefits for them.
The Citizenship Amendment Act provided that these persons (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan) should stay in India for at least 11 years to get citizenship by naturalization but in this new act this period is reduced to 5 years, that is, they would become citizens of India only after 5 years of living in India.
These Islamic countries were formed by the partition based on religion. Therefore, this amendment does not make any provision for the Muslim community there because Muslims are neither a minority in these countries nor are they facing any persecution on religious grounds. It is also not affecting the citizenship of any Indian minority, especially the Muslim community. This amendment does not violate anyone’s citizenship but gives legal rights to the deprived ones.
This Act does not confer citizenship indiscriminately; rather, only individuals who entered India by the cutoff date of 31st December 2014, will be eligible to apply for Indian citizenship through the central government.
Citizens of Islamic countries such as Afghanistan, Bangladesh, and Pakistan, including those of Islamic faith, can also seek Indian citizenship through the “citizenship by application” provision. This rule applies to all foreign individuals, and their applications are evaluated by the Government of India for consideration. For instance, Pakistani singer and artist Adnan Sami was granted Indian citizenship on 1st January 2016.
The CAA gives priority only to the six minority communities displaced due to extreme religious persecution from three countries if they fulfil the prescribed criteria. Therefore, opposing it for political reasons is illogical, inhuman and unconstitutional. As the nation goes for the general elections, the opposition should show sensitivity, understanding and restraint and avoid a repeat of the Shaheen Bagh protests and the Delhi riots.
