With the implementation of the Citizenship Amendment Act (CAA) by Prime Minister Narendra Modi-led Bharatiya Janata Party government on Monday, the law has reentered public discourse.
The Citizenship Amendment Act was passed by Parliament in 2019. Its objective is to grant Indian citizenship to refugees from six communities (Hindus, Christians, Sikhs, Jains, Buddhists, and Parsis) who have arrived from Pakistan, Bangladesh, and Afghanistan following religious persecution. It had sparked protests due to the exclusion of Muslims from the list.
The CAA formed a crucial component of the BJP’s manifesto during the 2019 Lok Sabha elections. Last month, Union Home Minister Amit Shah reiterated that the CAA would be enforced before this year’s Lok Sabha elections.
Here is the government’s consolidated response to all queries raised during the introduction of the CAA:
What is the Citizenship Amendment Act (CAA)?
The law doesn’t strip anyone of citizenship or confer citizenship upon anyone. It simply alters the eligibility criteria for citizenship applications. It achieves this by excluding applicants from being classified as “illegal migrants.” Specifically, it refers to individuals from the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities originating from Afghanistan, Bangladesh, or Pakistan, who entered India on or before December 31, 2014, and have been granted exemptions by the Central Government or the Foreigners Act, under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920, or the provisions of 1946 or under any rule.
The legal basis for this exception is outlined in two notifications released by the Ministry of Home Affairs in 2015.
Essentially, these notifications apply only to Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians from Afghanistan, Bangladesh, or Pakistan who arrived in India prior to December 31, 2014, out of fear of religious persecution.
What does the citizenship law do?
This legislation doesn’t automatically confer citizenship upon them; it simply renders them eligible to apply for it. They must demonstrate five years of residency in India and provide evidence of their arrival before December 31, 2014. Additionally, they need to substantiate that they fled their countries due to religious persecution, speak languages listed in the Eighth Schedule of the Constitution, and meet the criteria outlined in the Third Schedule of the Civil Code 1955. Upon meeting these requirements, they can apply, and the decision to grant citizenship ultimately rests with the Government of India.
The Modi government today notified the Citizenship (Amendment) Rules, 2024.
These rules will now enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in our nation.
With this notification PM Shri @narendramodi Ji has…
— Amit Shah (Modi Ka Parivar) (@AmitShah) March 11, 2024
What kind of visa does India issue to refugees?
Refugees who do not meet the criteria, irrespective of their religion, will still be safeguarded under India’s existing ad-hoc refugee policy. This policy entails issuing long-term stay visas to allow them to reside in India.
As per the UN Refugee Agency UNHCR, numerous refugees from nations like Myanmar (Burma), Sri Lanka, Afghanistan, etc., are leading comfortable lives in India. The government clarifies that this legislation excludes Muslim refugees because it believes that once conditions in their home countries stabilize, they should return home.
How does India give visas to refugees?
India’s historical policy has consistently been non-inclusive, predating the current government’s tenure. Certain nations are constitutionally Islamic states, with Islam as the official religion, yet some Muslims seek refuge in India, fleeing oppression and tyranny in their home countries. From a policy standpoint, India sees no rationale in excluding them.
What are the problems faced by non-Muslim refugees?
Constitutional issues exist for non-Muslims in neighboring nations, where they often face severe persecution, suggesting they are unworthy of residing there. Hence, providing amnesty to non-Muslims appears reasonable. Muslims are addressed as distinct cases, mirroring the approach taken for Muslims arriving from countries like Syria and Afghanistan.
How is the government tackling the Rohingya issue?
Regarding Burma, the Rohingya arrived in India during the era of undivided India, under British rule in Burma. Consequently, Burma does not recognize them as part of its ethnic groups or citizens. This has sparked controversy for India. While Rohingya refugees have been granted protection and long-term visas in India, they won’t qualify for citizenship, as doing so could strain relations with Burma.
Is this law against Muslims?
The government maintains that this law does not target Muslims. Individuals in India due to persecution will eventually be repatriated to their home countries. There should be no presumption of eligibility for citizenship here. Those facing enduring persecution will receive protection. The policy of non-inclusion will persist. However, if refugee conditions do not improve in the next five decades, additional ad hoc constitutional measures may be required to enhance their protection, although this is not current policy.