Over 300 people become Indian citizens under the CAA

Over 300 people become Indian citizens under the CAA

Sub: Polity

Sec: Constitution

Tag: Citizenship (Amendment) Act (CAA) 2019.

Context:

• The Union Government granted citizenship certificates to more than 300 people who applied under the Citizenship (Amendment) Act (CAA), 2019.

Details:

• The country of origin of the applicants was not disclosed by the government but a government source said that most applicants were Pakistani Hindus.
• Most Pakistani Hindus who entered India legally are living in Gujarat, Chhattisgarh, Rajasthan, Haryana, Punjab, and Delhi.
• The citizenship portal requires applicants to declare the country of origin, and also submit at least one document tracing their roots to Bangladesh, Pakistan or Afghanistan.
• One of the documents required to apply under the CAA is an eligibility certificate issued by a “locally reputed community institution”.
• It was not known how many people from West Bengal, including Matuas and Namasudras, and those excluded from the National Register of Citizens (NRC) in Assam, had applied under the CAA.
• Since the intended beneficiaries in West Bengal entered India without any documents, they are unable to apply under CAA.

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.
• Eligibility: 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.
  • Pakistani Hindus were anyway eligible for citizenship under Section 5 and Section 6 (1) of the Citizenship Act, of 1955. The CAA only helped fast-track the application process.
• 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 5 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, as well as states regulated by the “Inner Line” permit under the Bengal Eastern Frontier Regulations 1873.
• Consequences of acquiring citizenship: It states that acquiring citizenship will result in (i) such persons being deemed to be citizens of India from the date of their entry into India, and (ii) 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 2024:

• Notified by the Ministry of Home Affairs.
• The application process for citizenship under CAA has been made under Section 6B of the Citizenship Act, 1955. Applicants need to prove their country of origin, religion, date of entry into India, and knowledge of an Indian language to qualify for Indian citizenship.
• Proof of Country of Origin: Relaxed requirements allow various documents, including birth or educational certificates, identity documents, licenses, land records, or any document proving previous citizenship of the mentioned countries.
• Date of Entry into India: Applicants can provide 20 different documents as proof of entry into India, including visas, residential permits, census slips, driving licenses, Aadhaar cards, ration cards, government or court letters, birth certificates, and more.
• Authority to accord citizenship:
  • The Rules grant the final authority to accord citizenship to an empowered committee headed by the Director, Census Operations, while the scrutiny of applications filed online on the portal indiancitizenshiponline.nic.in was done by a district-level committee (DLC) headed by the Department of Post officials.
  • On successful verification of documents, the DLCs administered the oath of allegiance to the applicants.
• Digital certificate: Approved applicants will receive a digital citizenship certificate.

Source: TH