Amendment to Citizenship Amendment Act (CAA) 2019

Amendment to Citizenship Amendment Act (CAA) 2019

Sub : Polity

Sec : Constitution

Context:  The Union Home Ministry is considering amendments to simplify the provisions of the Citizenship Amendment Act (CAA), particularly focusing on Schedule 1A, which currently requires applicants to submit documents proving their citizenship from Bangladesh, Pakistan, or Afghanistan.

Current Issues and Proposed Amendments

• Document Requirements: Schedule 1A of the CAA mandates that applicants must furnish documents issued by any government agency in Bangladesh, Pakistan, or Afghanistan to prove their eligibility for citizenship under Section 6B of the CAA.
• Concerns Raised: Many applicants, especially in West Bengal, who migrated from Bangladesh lack these documents. This has created challenges in the application process.
• Amendment Discussions: The government is considering amendments to Schedule 1A to facilitate easier application procedures.
  • Officials have emphasised that the CAA is meant to be facilitative, allowing flexibility in document submission.
• Implementation Flexibility: Authorities handling applications have been advised to process applications even if the required documents are not immediately available.
  • Applicants can submit documents later, with officials recording them as ‘pending for processing’.

Statements and Perspectives

• Facilitative Law: The CAA is described as a facilitative law aimed at providing citizenship to persecuted minorities. It emphasises understanding the spirit of the law while processing applications.
• Role of Religious Institutions: It suggested that applicants could submit eligibility certificates issued by religious institutions certifying their faith in the absence of Schedule 1A documents.
• Electoral Impact and Public Perception: The rollout of CAA Rules in March 2023 did not yield expected electoral benefits for BJP in West Bengal.
  • There was confusion surrounding the application process, which was capitalised upon by political opponents.
• Challenges and Misconceptions: There is a misconception that possession of voter ID cards or Aadhaar automatically grants citizenship.
  • Many migrants facing religious persecution lack proper documentation, leading to challenges in employment and other bureaucratic processes.
• Simplification and Security Concerns: While there is a call for simplifying rules, concerns about potential misuse by individuals from neighbouring countries changing their identities remain. Schedule 1A was initially introduced to prevent such misuse.

Significance

• The ongoing discussions and proposed amendments to Schedule 1A of the CAA reflect efforts to streamline the citizenship application process for migrants from Bangladesh, Pakistan, and Afghanistan.
• The intent is to balance facilitating citizenship for persecuted minorities with ensuring security and verification measures are in place.
• These developments are significant in addressing practical challenges faced by applicants and responding to public and political feedback, particularly in states like West Bengal.

About Citizenship Amendment Act 2019

The Citizenship Amendment Act (CAA) of 2019 introduced significant changes to India’s citizenship laws, specifically aimed at providing a path to Indian citizenship for certain religious minorities from neighbouring countries.

Key Features of the Citizenship Amendment Act, 2019

• Eligibility Criteria
  • The CAA amended the Citizenship Act of 1955 to grant Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan.
  • These migrants should have entered India on or before December 31, 2014, to be eligible for citizenship.
• Definition of Illegal Migrants
  • An illegal migrant is defined as someone who enters India without valid travel documents or stays beyond the permitted time under applicable law. Such individuals face potential prosecution, deportation, or imprisonment.
• Exemption for Muslims
  • The CAA explicitly excludes Muslims from its provisions, focusing exclusively on persecuted minorities from the specified countries.
• Residency Requirement
  • The residency requirement for eligible communities seeking Indian citizenship through naturalisation was reduced from 11 years to 6 years.
• Legal Protections
  • Members of the eligible communities are exempted from prosecution under the Foreigners Act, 1946, and the Passport Act, 1920, further facilitating their integration into Indian society.
• Exceptions
  • Certain regions are exempt from the amendments, including tribal areas under the Sixth Schedule in Assam, Meghalaya, Mizoram, and Tripura, as well as areas regulated by the Inner Line Permit (ILP) system in states like Arunachal Pradesh, Nagaland, and Mizoram.
• Consequences of Acquiring Citizenship
  • Individuals granted citizenship under the CAA are deemed to be citizens of India from the date of their entry into the country.
  • Legal proceedings related to their illegal migration or citizenship status are closed upon acquiring citizenship.
• OCI cancellation Grounds
  • The amendment also allows cancellation of Overseas Citizen of India (OCI) registrations if the OCI holder violates any law notified by the Indian government.